Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 30

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 30


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During the whole of our proceedings, as aforesaid, we made frequent observa- tions, of the variation of the compass, and made allowances accordingly ; finding it generally to be about eight degrees westward.


And whereas, we find, by the report made by the committee on the part of this colony, that run the north line of said colony, in the year 1749, that " they found a place where Charles River formed a crescent southerly, which place is known to many by the name of Popotatick pond, which we take to be the southernmost part of said river, from the southernmost part whereof they measured three English miles, south," we thought it necessary to inquire into the same, to see if the said pond was any part of said Charles river ; and found upon strict examination, that it could by no means be deemed any part thereof; for, that there is a ridge, or bank of sand and gravel, that divides between said pond and river on the south side of said river ; and


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when the stream of said river is low, said bank is almost dry, whereby said pond is distinct from any part of said river ; consequently, the set off, made by said com- mittee, was owing to their insufficient examination of the said pond ; therefore, their doings thereon, were erroneous, and ought to be rejected.


And whereas, it so happened, that we were obliged to make several adjourn- ments before we could get through with said line, we took special care that notice was given by the secretary of this colony, to the secretary of the Province of the Massachusetts Bay, of each and every of our adjournments, except the last, and of the times and places of our meeting, that we might (if possible,) have a committee onthe part of the Province to meet us,in order to a full and satisfactory settlements of said line between the said two governments; but as no committee from said Province did, at any time meet us, we proceeded and run said line throughout, ex parte.


And in obedience to said act of this Honorable Assembly, appointing us, as aforesaid, we have hereto annexed a plat of the land contained within the aforesaid line ; which said line runs as aforesaid ; we find, by comparing said charters to- gether, as aforcsaid, to be the true north boundary line of this colony, dividing be- tween it and the said Province of the Massachusetts Bay, upon the strictest exami- nation we could make ; and of right, the land on the south side thereof, to belong to this colony.


All which, is humbly submitted by-


JONATHAN RANDALL, JOSEPH HARRISON,


RICHARD STEERE, MATTHEW ROBINSON.


THOMAS LAPHAM,


Providence, March 16th, 1750-1.


And this Assembly having taken the said report into consid- eration,-


Do vote and resolve, and it is voted and resolved, that said report be, and it is hereby accepted ; and that the committee aforesaid, be, and they are hereby further continued ; and they, or the major part of them, have the liberty to make all needful and necessary additions to the report, aforesaid, and plat there- with delivered in.


God save the King.


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the last day of April, 1751.


The Hon. William Greene, Governor.


The Hon. Robert Haszard, Deputy Governor.


ASSISTANTS.


Capt. George Wanton,


Mr. Jonathan Nichols,


Mr. John Potter,


Mr. Robert Lawton,


Mr. James Arnold,


Mr. William Richmond,


Mr. Daniel Coggeshall,


Mr. Jeoffrey Watson.


The Hon. Thomas Cranston, speaker, and Mr. Josias Lyn- don, clerk.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Wednes- day of May, 1751.


The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor. With the assistants and deputies from the several towns.


DEPUTIES. Newport. Mr. Peter Bours,


Mr. Nathaniel Coggeshall,


Mr. Jonathan Easton,


Mr. Edward Scott,


Capt. Job Bennett.


Mr. Thomas Cranston,


1751.]


AND PROVIDENCE PLANTATIONS.


DEPUTIES.


Providence.


Mr. Stephen Hopkins,


Mr. Elisha Brown,


Mr. Joseph Wanton,


Mr. Christopher Harris. Portsmouth. Mr. William Anthony, Jr., Mr. John Allen,


Mr. Thomas Brownell,


Mr. Gidcon Freeborn, Jr. Warwick.


Mr. Jeremiah Lippitt,


Capt. John Greene,


Major John Rhodes,


Major Stephen Low. Westerly.


Col. Joseph Pendleton, Capt. Caleb Church. New Shoreham.


Mr. John Dodge, Mr. Abel Franklin, Jr. North Kingstown.


Col. Immanuel Northup, Mr. Beriah Brown. South Kingstown.


Mr. Jeremiah Niles, Mr. Benjamin Peckham, Jr. East Greenunch. Mr. Joseph Nichols,


Capt. Thomas Spencer. Jamestown.


Mr. John Hull,


Mr. Joseph Clarke.


Smithfield. Mr. Thomas Arnold, Mr. John Aldrich. Scituate. Capt. Job Randall, Capt. Charles Harris. Glocester.


Maj. Richard Smith, Capt. Timothy Wilmot. Charlestown. Col. Christopher Champlin, Capt. Nathaniel Lewis. West Greenwich. Mr. Jeremiah Ellis, Mr. George Gardner. Coventry. Mr. George Hall, Mr. John Greene. Exeter. Capt. John Reynolds, Mr. Benoni Hall. Middletown. Mr. John Rogers, Mr. Peter Barker. Bristol.


Mr. Jonathan Peck, Mr. Joseph Russell. Tiverton. Capt. John Manchester, Mr. Samuel Durfey. Little Compton. Lieut. Col. John Hunt, Mr. Charles Brownell.


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


DEPUTIES.


Capt. John Adams,


Warren. Richmond. Mr. Samuel Tift, Capt. Joseph Enos, Jr.


Mr. John Cole. Cumberland. Mr. Job Bartlett, Mr. John Dexter.


The Hon. Thomas Cranston, speaker, and Mr. Josias Lyndon, clerk.


The following officers declared elected, were duly engaged.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.


ASSISTANTS.


Mr. John Tillinghast,


Mr. Jonathan Nichols,


Mr. Nicholas Cooke,


Mr. William Richmond,


Mr. Jabez Bowen,


Mr. Daniel Coggeshall,


Mr. Stephen Brownell,


Mr. Jeoffrey Watson.


SECRETARY. Mr. Thomas Ward.


GENERAL TREASURER. Mr. Thomas Richardson.


ATTORNEY GENERAL. Mr. Daniel Updike.


God save the King.


Mr. Robert Lawton,


Mr. James Arnold,


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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the second Mon- day in June, 1751.


The Hon. William Greene, Governor.


The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


It is voted and resolved, that Daniel Coggeshall, Stephen Hopkins and Job Randall, Esqs., be, and they are hereby ap- pointed a committee, to form the draught of a letter to be sent from the agent, and present the same to this Assembly as soon as may be.


It is voted and resolved, that Daniel Coggeshall, William Anthony, Jr., and Immanuel Northup, Esqs., be, and they are hereby constituted a committee, to examine into the state and circumstances of the several ferries in this colony ; examine the laws relating thereto, and report to this Assembly, at their next session, what they shall think necessary to be done, in order to put said ferries under a good regulation.


Whereas, sundry persons, who call themselves inhabitants of this colony, have lately petitioned His Majesty, respecting our paper currency ;-


It is therefore voted and resolved, that Jabez Bowen, Esq., Mr. Elisha Brown and Joseph Nichols, Esq., be, and they are hereby appointed a committee, to inquire into the relation, sta- tion and circumstances which the said petitioners stand in, to His Majesty and this colony, and make report to this Assem- bly, at their next session.


It is voted and resolved, that Nicholas Cook and Stephen Hopkins, Esqs., Col. Immanuel Northup, and Mr. Jeremiah Lippitt, be, and they are hereby constituted a committee, to examine into the facts contained in a petition preferred to His Majesty, by sundry of the inhabitants of the colony,-a copy of VOL. V. 42


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


which is now lying before this Assembly-and report their opinion thereon, as soon as may be.


And the said committee having assumed the province as- signed them, made the following report :


" We, the subscribers, being appointed a committee by the General Assembly, to examine the matters of fact contained in a petition preferred to His Majesty, by sundry of the inhabit- ants of this colony, and to report our opinion thereon ; and we having taken that business upon us, and having duly exam- ined the facts asserted in said petition, and having carefully inquired into the records of the colony, that have any relation to those matters of fact, do report, as our opinion :--


That the first fact asserted, 'That the currency of this gov- ernment is so far from being fixed, that it hath sunk in its value above one half, within seven years last past;' which as- sertion, we think, is not strictly true.


That the second fact asserted, 'That this colony hath now outstanding, the sum of £525,335, in bills of public credit ; which, upon examination, we find not to be true; there not be- ing, at the date of the petition, bills amounting to that sum, outstanding.


That as to the other facts, asserted in this petition, we, on the most exact examination, cannot say, but that they are strictly true. S


NICHOLAS COOKE, JEREMIAH LIPPITT,


STEPHEN HOPKINS, IMMANUEL NORTHUP.


Newport, June 17, 1751."


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


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


Whereas, upon occasion of the death of His late Royal Ilighness, Frederick, Prince of Wales, &c., it was ordered by His Majesty's privy council, that a particular form shall be ob- served, in praying for the royal family ; and this colony have


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received directions to cause the same to be published in the several parish churches, and other places of Divine worship within this colony,-


This Assembly do vote and resolve, and it is voted and re- solved, that His Honor, the Governor, be, and he is hereby re- quested to cause proclamation to be made, that said order be ob- served throughout this colony, according to the true intent and meaning thereof.


It is voted and resolved, that Jonathan Nichols, Stephen Hopkins and Peter Bours, Esqs., be, and they are hereby con- stituted a committee, to take into consideration the petition of the sugar planters, merchants, and others, trading to, and inter- ested in His Majesty's sugar colonies, in America, and to col- lect and gather such facts as shall be thought proper, to furnish the agent with, as necessary in opposing said petition ; and to that end, the said committee are hereby invested with full power to send for persons and papers from any part of the col- ony'; and that said committee prepare a letter for His Honor the Governor, to sign, to be sent to the neighboring govern ments, requesting their assistance in the affair.


It is voted and resolved, that the copy of the petition pre- ferred to His Majesty, by sundry inhabitants of this colony, re- specting the paper currency, with the petitioners' names there to, together with the resolutions of the House of Commons thereon ; and also the bill prepared in consequence thereof, and presented to Parliament, be forthwith put into print, at the colony's charge ; and that two hundred copies thereof, be struck off, and that each of the members of the General As- sembly, each of the towns' committee for letting out the bank money (being not a member of the Assembly), and each town clerk, in this colony, be furnished with a copy ; and that the secretary procure the same to be done.


Whereas, Jonathan Easton, of Middletown, in the county of Newport, represented unto this Assembly, that upon the report of Messrs. Robert Lawton, Jonathan Peck and Matthew Allen, to the General Assembly, concerning a way from Easton's Beach, easterly, in the town of Middletown, aforesaid, the


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


town council for the town of Middletown, were ordered and empowered to lay out a drift-way of a convenient breadth, across the land of him, the said Jonathan Easton, in part ac- cording to the direction of said report ; in consequence where- of, the said council did proceed and lay out said way, but not according to the said directions of the General Assembly, in the place where the old way used to be, but in another place ; and by altering the ancient way, the said road where it passeth through the said Jonathan Easton's land, is twenty-eight rods in breadth; although that part where it so passeth through his land, is but twenty-five rods in length ; so that the order of the General Assembly is disobeyed, and the said Jonathan greatly hurt, and the public no way benefited thereby ; whereupon, he prayed relief, &c. ;-


And this Assembly having taken the premises into consid- eration, do vote and resolve, and it is voted and resolved, that James Arnold, Job Randall and Christopher Harris, Esqs., be, and they are hereby appointed a committee, to go and examine into the circumstances of the drift way, in said petition men- tioned ; and that the said committee, or the major part of them, be, and they are hereby directed and fully impowered to deter- mine how, and in what manner, and of what width the said drift way shall run through the lands of the said Jonathan Easton, at his, the said Easton's charge; and that their report in the matter be final.


And the said committee having entered upon, and performed the business, made the following report :


" Whereas, we, the subscribers, being appointed a committee, by the General Assembly, to settle and state part of the drift way through Middletown, from beach to beach, through Jonathan Easton's land, do report as followeth :


To begin at the northern and easternmost gate, that stands where the old bars were, upon the dividing line between Edw. Easton's and Jonathan Easton's land; and to begin one rod northward of said gate, and to run s. 80, c. twenty-five rods, near to a rock, and to be four rods wide, lying south of said


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line, as it appears by the plan abovesaid, which we think to be sufficient drift way. JAMES ARNOLD, JOB RANDALL,


June 19, 1751." CHRISTOPHER HARRIS.


And now, this Assembly, having taken the said report into consideration, and duly examined the same, do vote and re- solve, and it is voted and resolved, that the said report be, and it is hereby accepted.


It is voted and resolved, that the sum of £200 be allowed and paid to Capt. Joseph Harrison, and Mr. Matthew Robin- son, out of the general treasury, towards satisfying them, for their time, trouble and expenses, as commissioners in the ser- vice of the colony, respecting the northern boundary line.


It is voted and resolved, that Stephen Hopkins, Esq., Capt. Joseph Harrison and Mr. Matthew Robinson, be, and they are hereby appointed a committee, to examine into all the cir- cumstances and matters of fact, relating to the northern boun- dary line of this colony, with full power to procure all such evidences, records and papers, as may be thereunto necessary, and to correspond and join with the colony of Connecticut, or a committee by them appointed, if it be found most expedient, in the prosecution of that affair; and upon the whole, to pro- pare as complete a state of the case as they are able, and to lay the same before this Assembly at their next session, or as soon as the same can conveniently be done.


God save the King.


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the third Mon- day of August, 1751.


The Hon. William Greene, Governor.


The Hon. Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.


It is voted and resolved, that Edward Scott, Peter Bours and Edward Easton, Esqs., together with the secretary, be, and they, or the major part of them, are hereby constituted a com- mittee, to collect all the public laws and acts of this colony that have been made since the termination of the printed book, and put them into print, and make a book thereof, with a pro- per table ; and that five hundred such books, and no more, on any pretence whatsoever, be printed ; the whole to be at the charge of the colony ; and when done, to be lodged in the hands of the general treasurer.


And it is further voted and resolved, that the said committee take security of the printer, that he will not print, or suffer to be printed in his press, any greater than the above mentioned number ; and that one of said books be delivered to each town clerk in the colony, to and for the use of each respective town.


The committee that was appointed by this Assembly, at their last session, to inquire into the relation, station and cir- cinstances of sundry persons, who (calling themselves inhab- itants of this colony,) lately petitioned His Majesty, respecting. our paper currency, made the following report :


" To the General Assembly, now sitting in Newport, the 22d of August, A. D. 1751 :


By virtue of the vote of the General Assembly, in June last, appointing us to inquire into the relation, station and circum-


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stances, which certain persons, lately petitioners to His Majes- ty, stand in to His Majesty and this colony, as by said vote may appear, we have inquired into the same, in the best man- ner we are capable, for the time, and do report :


That we find, upon the best information we can obtain, that all but twelve of the said petitioners are freemen of this colo- ny, or of some town or other in this colony ; and that, as to their relation, station or circumstances, we find that two of the are officers, to wit : Ebenezer Richardson, is the justice of the peace, in this colony, in the county of Newport; and that the circumstances of some of them, are visibly very considerable ; but the circumstances of others are to us unknown.


JABEZ BOWEN, ELISHA BROWN, JOSEPH NICHOLS."


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


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


It is voted and resolved, that the draught of a letter to our agent in Great Britain, made by a committee, appointed for that purpose, be, and the same is hereby approved ; and that a fair copy thereof, be made, to be signed by His Honor, the Governor, and sent to the agent, by the first opportunity.


Whereas, the bills of credit that have been emitted by this colony, have all along, from their first being current as a me- dium of exchange, depreciated, and gradually grown less in their value, down to this time, which hath occasioned many people to complain, and that with just cause, that they have been sufferers by such the alteration of the medium established by the laws of this colony ; therefore, for the preventing any such inconveniency from happening for the future,-


Be it enacted by the General Assembly, and by the authority thereof it is hereby enacted, that in all debts that now are, or hereafter shall become due in this colony, by any manner or way whatsoever, that for every sixty-four shillings appearing to be


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


due in old tenor bills, or for every 16s. appearing to be due in new tenor bills, or for every six shillings and nine pence appearing to be due in the bills emitted in March, A. D. 1750, the debtor at the time of payment, shall pay as much in any of the aforementioned bills, as at the time of payment are really and truly worth one ounce of silver, of sterling alloy ; and that all judgments in all the courts in this colony, shall at all times hereafter, be made up agreeably to this act.


And be it further enacted by the authority aforesaid, that no court shall at any time hereafter, in this colony, make up judgment against any man for any debt, whatsoever, that does not exceed sixty-four shillings, in old tenor bills, or sixteen shillings in new tenor bills, or six shillings and nine pence, in the bills emitted in March, A. D. 1750, for more of said bills than at the time of making up such judgment, are truly and really worth one ounce of silver of sterling alloy at that time ; and so in proportion for any greater or less sum.


Protest.


" We, the subscribers, do dissent from and protest against this bill, for the following reasons :


1. Because we are of opinion, that the method proposed in this bill will not prevent a further depreciation of the bills we have now outstanding, which are fixed by laws of the colony, at a very different value from what they are stated at in this bill.


2. Because our bills of the new tenor are, by the acts whereby they were emitted, of the same value as the bills by the act of March passed to be emitted ; and it is manifestly absurd and unjust, that six shillings and nine pence of the one, should be made equal to sixteen shillings of the other.


3. Because six shillings and nine pence in bills of the new tenor, are by a law of this colony, made in May, 1741, equal only to twenty-seven shillings in bills of old tenor ; but by this bill, sixty-four shillings in our old tenor bills, are made equal to six shillings and nine pence in bills of the same value as the bills of the new tenor, which appears to us to be mani- festly unreasonable and unjust.


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4. Because if this bill should pass into a law, we apprehend that the public faith and credit of the government will be violated. PETER BOURS,


Newport, August 23, 1751." EDWARD SCOTT.


The gentlemen that were appointed to audit the accounts of the committee that paid off the officers and soldiers raised in this colony for the expedition intended against Canada, pre- sented this Assembly with the following report and account :


The colony of Rhode Island, &c., to Stephen Hopkins, Dr. Sterling. £ s. d. Currency. s. d.


1750, Oct. 31. To money paid to the officers and sol- diers raised for the Canada expedi- tion, per account rendered .. ... 1,295 10 7


12,955 5 10


900 per cent. exchange, or 10 for 1, is 19 08 1


194 0 10


Balance dne to the colony, £1,314 18 8 13,149 6 08


. The colony of Rhode Island, &c., to Stephen Hopkins, Cr. Currency.


Sterling. s. d. s. d. 1749, June 17. By the muster roll of the company in His Majesty's service, raised in this colony, for the reduction of Canada ; first commanded by Capt. William Rice, until his death ; afterwards, by Capt. Nathan Carpenter ....... 1,314 18 8 900 per cent. exchange, or 10 for 1, is


13,149 € 8


" We, the subscribers, being appointed by the General Assembly, a committee to audit the accounts of that committee, which was appointed to pay off the officers and soldiers raised for the intended expedition against Canada, do report conforma- bly to said appointment :


We have audited the above account of Stephen Hopkins, Esq., one of said com- mittee, and do find there is due from him to the colony, £194 10s., old tenor, as appears by the above account stated. JOSEPH WHIPPLE, JOHN TILLINGHAST, THOMAS CRANSTON."


Dated Newport, August 21, 1751.


The colony of Rhode Island, Dr.


To our time and trouble, auditing the above account ; likewise audit-


ing the account of Messrs. George Wanton and James Sheffield, two others of said committee.


£45 0s. 0d. JOSEPH WHIPPLE, JOHN TILLINGHAST, THOMAS CRANSTON."


VOL. V. 43


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RECORDS OF THE COLONY OF RHODE ISLAND [1751.


And now this Assembly, having taken the premises into consideration, and duly examined the same, --


Do vote and resolve, and it is voted and resolved, that the said report be, and it is hereby accepted ; that the amount charged by the committee against the colony, be allowed, and £45, the amount thereof, paid them out of the general treasury.


God save the King.


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at South Kings- town, the last Wednesday in October, 1751.


The Hon. William Greene, Governor.


The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


Whereas, upon His Majesty's creating His Royal Highness, Prince George, Prince of Wales, he was pleased to order in council, that a particular form of prayer should be used in praying for the royal family, and hath directed this govern- ment to cause the same to be published in the several parish churches, and other places of divine worship, within this colo- ny, &c.,-


This Assembly therefore vote and resolve, and it is voted and resolved, that His Honor, the Governor, cause proclama- tion to be made of the aforesaid order throughout the colony, requiring it to be observed according to the true intent and meaning thereof.


Whereas, the town of Providence, did, by Stephen Hopkins, Esq., one of their deputies, represent unto this Assembly, that in and near said town, for some time past, there hath been, and still is carried on, a considerable trade by sea, whereby the small pox hath of late been very often brought into said town; and as there is no pest house in that part of the colony for the receiving such infected persons, there is very great danger of the distemper's spreading ; which (should it happen) would be




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