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 31
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of very fatal consequence to this colony ; he therefore, in be- half of said town, prayed a grant of such a sum of money out of the general treasury, as this Assembly shall think reasona- ble for the purpose aforesaid ; which being duly considered,-
It is voted and resolved, that the sum of £600, be allowed and paid out of the general treasury, towards building a pest house, for the end and purpose, aforesaid.
And that Mr. William Smith, of Providence, be empowered to draw said sum, for the use aforesaid, upon sufficient securi- ty's being lodged in the general treasury that all parts of the government shall have the privilege of making use of said house as often as occasion shall require ; the county of New- port excepted.
Whereas, Thomas Haszard, keeper of His Majesty's jail, at South Kingstown, in the county of Kings county, by petition, represented unto this Assembly, that on the 24th of February last, one Thomas Carter, of Newport, was committed to said jail, for the murder of William Jackson, late of Virginia ; that said Carter was by the said Haszard, safely kept in said jail, till the 10th of May, when he was executed ; that from a gen- eral fear, which spread itself through the country, that at- tempts might be made to rescue said Carter, the petitioner was forbidden by the authority, to entertain strangers or travel- lers, and was obliged to be constantly at home, to his great loss, &c. ; and thereupon prayed that the sum of £5 per week might be allowed and paid him, out of the general treasury ; this Assembly, having taken the premises into consideration,-
Do vote and resolve, and it is voted and resolved, that the said petition be, and it is hereby granted.
God save the King.
[The following Public Laws, passed during the year 1751, are printed at length in the volume of public laws, published in the year 1767, unless repealed previous to that time.]
An Act in addition to an act, entitled " An act prohibiting sports and labor on the first day of the week," made and passed by the General Assembly, May 6, 1679. (March.)
An Act for promoting the raising flax and wool, and manufacturing the same into cloth ; and also for giving a proper and suitable encouragement for carrying on
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RECORDS OF THE COLONY OF RHODE ISLAND [1752.
the whale and cod fishery ; and for these ends, making and emitting the sum of £25,000 in bills of public credit of this colony, and settling and ascertaining the value thereof. (March.)
An Act to prevent all persons keeping honse within this colony, from entertaining Indian, negro or mulatto servants or slaves. (March.)
An Act for reviving the superior court of judicature, court of assize and general jail delivery, of the county of Newport. (March.)
An Act for granting an excise upon wines, liquors and other strong drink, sold by retail within the town of Newport. (March.)
An Aet to prevent breaking lamps, that are already, or shall hereafter be set up in the town of Newport. (March. )
An Act for the preventing of damage to be done by the firing of the woods in any town in this colony.
An Aet in addition to an aet, entitled " An aet for granting an exeise upon wines,
liquors and other strong drink, sold by retail in the town of Newport." (May.) An Act for amending, explaining and repealing several paragraphs in the aet passed in March, of the present year, for promoting the raising of flax and wool, the encouragement of the whale fishery, etc. etc. (June.)
An Act regulating and establishing a just and equal mode of gauging, throughout the colony. (June.)
An Act for naturalizing Francis Ferrari, of Newport, merchant, late a subject of the Republic of Genoa. (June.)
An Act for erecting and establishing the office of notary publie, in the town of Providence. (August.)
An Aet increasing the allowance to insolvent debtors, in His Majesty's jail, and that of poor prisoners at the King's suit. (August.)
An Act for naturalizing Peter Simon, of Newport, merchant, late a subject of tlie French king. (August.)
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Tuesday in February, 1751-52.
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, the General Assembly of this colony, at their ses- sion in June last, appointed Stephen Hopkins, Esq., Capt. Jo- seph Harrison and Mr. Matthew Robinson, a committee, to ex- amine into all the circumstances, and other matters of fact, re- lating to the northern boundary line of this colony, with full
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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 prepare as complete a statement of the case as they are able ; and to lay the same before the Assem- bly as soon as it can conveniently be done ; and the business remaining still unperpetrated,-
This Assembly do vote and resolve, and it is voted and re- solved, that Thomas Arnold, Esq., be, and he is hereby added to said committee ; and that they, or any two of them, proceed on the affair, and complete it as soon as the same can be well done ; and make report of their doings to this Assembly, at their next session.
Whereas, William Barber and others represented to this As- sembly that sundry of the inhabitants of Westerly had peti- tioned their town council, to order two highways to be laid out in said town; one from Wood river, to Exeter ; and the other from Crandall's Mill, through said town, northerly, to meet with the said intended highway ; and notwithstanding the said pe- tioners had showed the said town council the necessity of said highways, their petition was rejected ; whereupon, they made application hither : and this Assembly, having taken the prem- ises into consideration, and duly weighed the arguments of the parties,-
Do vote and resolve, and it is voted and resolved, that Rob- ert Lillibridge, Esq., Stephen Richmond, Esq. and Mr. Benja- min Brown, be, and they, or the major part of them, are hereby constituted a committee, with full power to lay out highways, agreeably to the prayer of the aforesaid petition, and agree with the owners of the land, through which said highways shall run ; or in case they cannot agree, then to set a price on the land that shall be so converted into highways ; that the whole charge be paid by the town of Westerly ; and that the said committee make report to the General Assembly, at their next session.
Whereas, the General Assembly of this colony, some time
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RECORDS OF THE COLONY OF RHODE ISLAND [1752.
past, being well informed of the great necessity of paving the streets of Newport, and more especially, that leading from the colony house, did, for that end, grant a public lottery ; but some of the directors declining being concerned therein ; and the time for drawing the same elapsed ;-
It is therefore voted and resolved by this Assembly, and by the authority thereof, that the said lottery be, and it is hereby revived in the following manner, viz. :
The lottery shall consist of twelve thousand and five hun- dred tickets, at £4 old tenor, each ; three thousand and forty- nine of which, to be fortunate, in the following manner :
[Here follows the scheme of the lottery.]
Whereas, Col. Christopher Champlin and Capt. Nathaniel Lewis, deputies of Charlestown, did, in behalf of said town, rep- resent unto this Assembly, that they are under great difficulty and disadvantage, for want of some convenient harbor or land- ing, for transportation, it being about sixteen miles from said town to Point Judith Pier, and almost as far to Pawcatuck River, which places are the nearest harbors they have to de- pend on ; which they set forth to the General Assembly, some years past, who appointed a committee to inspect into the cir- cumstances of said affair, and find out whether said difficulty might not not be remedied, by turning a branch of Pawcatuck [river] into a large salt pond, in said town ; which stream of water (when turned into said pond,) will undoubtedly keep open a large breach running out of said pond into the sea ; that the committte did view and examine into the affair, and reported to the Assembly, that it might be very well effected, and that without an extraordinary charge, &c .; that upon the report of said committee, the Assembly, in their wisdom, passed an act for turning said river for the purpose aforesaid, on con- ditions which were not easily to be performed by the petition- ers ; they being to procure sufficient bonds, to make and main- tain such and so many bridges as should become necessary, and occasioned by turning said river; and also to carry on the
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fourth part of said work, the other three parts to be done at the charge of the colony ; that now the conditions enjoined by said act of Assembly, are performed, &c. ; whereupon, they prayed to be directed to go on in the aforesaid work, agreeably to the aforesaid act of Assembly ; and that the colony's part of the charge be paid out of the interest of the present bank, &c .; and this Assembly having taken the premises into considera- tion, --
Do vote and resolve, and it is voted and resolved, that Ben- jamin Haszard, Jeremiah Lippitt and Joseph Nichols, Esqs., to- gether with Messrs. Joseph Harrison and Isaiah Wilkinson, be, and they, or the major part of them, are hereby appointed a committee, to inspect into all the circumstances relating to the aforementioned affair, and form an estimate of the cost and charge of performing said work, and report to this Assembly at their next session.
It is voted, resolved and declared, that the true intent and meaning of the act passed by the General Assembly, in their session at Newport, in June last, for settling and ascertaining the value of silver ; that Spanish silver milled dollars pass for fifty-six shillings each, in bills of credit of the old tenor, and for all other bills of credit of the other emissions, equivalent thereto.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 5th day of May, 1752.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
Mr. John Tillinghast, Mr. Jonathan Nichols,
ASSISTANTS.
Mr. Nicholas Cooke,
Mr. Jabez Bowen,
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RECORDS OF THE COLONY OF RHODE ISLAND [1752.
ASSISTANTS.
Mr. Stephen Brownell,
Mr. Robert Lawton,
Mr. James Arnold,
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, 1752.
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
DEPUTIES.
Newport.
Warwick.
Mr. Nathaniel Coggeshall,
Capt. John Greene,
Mr. Edward Scott,
Mr. John Holden,
Mr. Thomas Cranston,
Lieut. Col. Stephen Low,
Mr. Peter Bours,
Capt. Job Bennett, Jr. Providence.
Mr. Stephen Hopkins,
Mr. Elisha Brown,
Mr. George Brown. Portsmouth. Mr. William Anthony, Jr., Mr. John Allen,
Mr. Caleb Hill,
Mr. Gideon Freeborn, Jr.
Mr. Benjamin Arnold. Westerly. Col. Oliver Babcock, Mr. Joshua Babcock. New Shoreham. Mr. John Littlefield, Mr. Joshua Sands. North Kingstown.
Col. Immanuel Northup, Mr. Beriah Brown.
Mr. William Richmond, Mr. Jeoffrey Watson.
1752.]
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DEPUTIES.
South Kingstown. Mr. Jeoffry Haszard,
Col. Thomas Hazard. East Greenwich.
Mr. Joseph Nichols, Mr. John Fry. Jamestown.
Mr. Joseph Clarke.
Mr. Josiah Arnold, Jr. Smithfield. Mr. Thomas Arnold, Mr. John Aldrich. Scituate.
Capt. Job Randall,
Capt. Charles Harris. Glocester. Col. Richard Smith,
Mr. Andrew Brown. Charlestown.
Capt. Nathaniel Lewis, Mr. James Congdon, Jr. West Greenwich.
Mr. Jeremiah Ellis,
Mr. George Gardner. Coventry. Mr. John Greene, Mr. Caleb Greene.
Exeter. Capt. John Reynolds, Mr. Job Tripp. Middletown. Capt. William Turner, Mr. Joshua Coggeshall. Bristol. Mr. Jonathan Peck, Capt. Simeon Potter. Tiverton. Mr. Edward Wanton, Mr. Thomas Howland. Little Compton. Mr. William Hall, Mr. Richard Greenhill. Warren. Capt. John Adams, Mr. John Cole. Cumberland. Mr. Job Bartlett, Mr. John Dexter. Richmond. Mr. John Weston, Mr. Joseph Hoxsie.
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. VOL. V. 44
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ASSISTANTS.
Mr. John Tillinghast, Mr. Jonathan Nichols,
Mr. Nicholas Cooke,
Mr. Jabez Bowen,
Mr. Stephen Brownell,
Mr. Robert Lawton,
Mr. James Arnold,
Mr. William Richmond,
Mr. Daniel Coggeshall,
Mr. Jeoffrey Watson.
SECRETARY.
GENERAL TREASURER. Mr. Thomas Richardson.
Mr. Thomas Ward.
ATTORNEY GENERAL. Mr. Daniel Updike.
The united committees of the colony of Connecticut, and of this, presented the Assembly with the following report, viz. :
Report on the Northern Boundary.
"¿We, the subscribers, being appointed by the General Assemblies of the colonies of Connecticut and Rhode Island, respectively, to examine into all the matters of faet, records, evidences, papers and circumstances relating to the northern bounds of the said colonies, towards the Province of the Massachusetts Bay, with authority in be- half of each colony, to join together and correspond in the prosecution of this mat- ter ; and in pursuance of the things committed to us, we met together at Hartford, in the colony of Connecticut, and having doly examined, to the best of our abili- ties, the whole of this dispute, have agreed to jointly make the following report :
That we find King Charles the First, in the fourth year of his reign, granted a char- ter to the Massachusetts colony, bounding them sontherly in these words : 'And a certain other river there, called Charles River, being in the bottom of a certain bay there ; and also all and singular those lands and hereditaments whatsoever, lying within the space of three English miles, on the south part of said Charles River, or of any and every part thereof; by which description, compared with the other parts of said charter, it plainly appears, that the place or point, which is three English miles south from the most southern part of Charles River, is the place where a line ought to commence and run from thence due west, to form the southern boundary of the abovesaid Province.
That afterwards, King Charles the Second, in the fourteenth year of his reign, granted a charter to the colony of Connecticut, and in the fifteenth year of his reign granted a charter to the colony of Rhode Island ; and in his said charters bounded both the said colonies northward, on the south line of the said Province of the Massachusetts Bay.
That the said colonies of Connecticut and Rhode Island, lying far distant from the place or point where the said Massachusetts sonth line oughth to commence, were
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utterly ignorant about it; nor doth it appear they ever concerned themselves about the knowledge thereof, until the inhabitants on both sides began to settle pretty near the place where it was supposed the line would pass; and many disorders and confusion arising among those borderers, made it necessary to find where the dividing line between the Province and the said eolonies ought to be; which ocea- sioned both the colonies of Connecticut and Rhode Island to apply to the Province, to have the said line ascertained and marked out ; and that when commissioners in order thereto were first appointed by the colony of R. Island, in the year 1710-11, and by the colony of Connecticut, in the year 1713, to meet with commissioners ap- pointed by the said Province, with intent to find the true place where the said Province south line ought to commence ; who being for that purpose met, the Prov- ince commissioners informed them that the point or place for their south line to commence at, had long before, in the year 1642, been found out and fixed by Na- thaniel Woodward and Solomon Saffery, skillful artists, by the said Province ap- pointed for that purpose : and also showed forth a plan or map, (as they then as- serted) of the doings of the said Woodward and Saffery, on which was deciphered the southernmost part of the said Charles River and a station, said to be by them erected, standing three miles (and no more) south from the southernmost part of the said Charles River, and confidently affirming the said measure to be rightly made ; and the said station to be truly affixed.
And all this matter being out of the knowledge of the commissioners for both col- onies ; but they, by giving credit to, and believing the said Provinee commissioners, were thereby induced, the commissioners for Connecticut, on the 13th day of July, 1713, and the commissioners for Rhode Island, finally in October, 1718, to agree that the stake or station set up and ereeted by Nathaniel Woodward and Solomon Saffery, in the year 1642, should be the place for the said Province south line to commence at, fully believing they had been told, and as by the said plat, it appear- ed, that the said station was no more than three miles south from the southernmost part of Charles River, agreeably to the Massachusetts charter.
That in consequence of the said agreements entered into as aforesaid, the said colony of Connecticut, in the said year 1713, and the colony of Rhode Island in the year 1719, appointed persons ealled riding commissioners, to meet with persons in the same character, appointed by the said Provinee, to go and begin at the place in the said agreements mentioned (three miles south of the southernmost part of said Charles River) and marked out the said dividing line, according to the respective charters ; who meeting with the said Province commissioners, and not being as- quainted in that part of the country, nor having knowledge of the places where the said Woodward and Saffery's station was, the said Province riding commissioners deeeitfully carried them to a place on Wrentham Plain, affirmed, that there the station erected by Woodward and Saffery, had formerly stood ; and the said colo- nies' commissioners not knowing, but really believing it was the right place, and within three miles of Charles River, (though in truth the place so shown them, was seven miles and fifty-six poles more southward than the southernmost part of Charles River) did there begin, and did run and mark out a line, as the true line south of the said Province ; and in consequence of the line so run, though it was so er- roneously done, the said Province have hitherto exercised and held the jurisdiction.
That the truth of those several facts is clearly made to appear ; the first, by the Massachusetts charter ; the second by the Connecticut and Rhode Island charters ; the third, by the face of the agreements themselves, and by the copy of the pre-
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tended plan of Woodward and Saffery ; the fourth, that the place began at by the riding commissioners, is really seven miles and fifty-six poles to the southward of the most southern part of Charles River, by the plan or map drawn by Mr. Joseph Harrison, and proved by Henry Harris, Esq., and Mr. Israel Wilkinson, who have actually and accurately measured the said distance.
That the place they measured from, is really the most southern part of Charles River, is proved by the original grants of the towns of Medfield, Wrentham, Medway, Bellingham and Holliston, all towns within the said Province ; and also by; a great number of grants of lands to private persons ; all which serve to show what is, and always was called Charles River ; and also to show that the small stream (now called Mill Brook), and pretended now by the Province to cover their aforemen- tioned deecit, to be the southern part of Charles River, is only a small, brook, and was never at any time ealled Charles River, but was all along known by the name of Jack's Pasture Brook, and Mill Brook ; and can no more properly be called a part of Charles River, than the water in the clouds may fitly be so (called, if it should chance to fall in such place as to be conveyed to the sea in'the channel of said river.
That an agreement procured and perfected in the manner aforesaid, is so far from altering the true lines and limits of jurisdiction, and thereby deprivingfor abridging the people of those privileges and advantages granted them by their sov- ereign, that we are humbly of opinion, it is not in the power of any to whom the right of jurisdiction is granted by the King, to transfer the same to any other, though it might be pretended to be done on the most reasonable and equitable mo- tives, and on the most certain knowledge ; for if this were allowable, the several provinees and colonies in America might all transfer their right of jurisdiction to some one, and thereby erect one great and dangerous government, without the knowledge of, and contrary to the express intention and interest of the crown, that first granted such rights of jurisdiction, but never made them assignable.
That it appears to us elearly, that the Province of the Massachusetts Bay, have all along, and still do liold the jurisdiction of a tract of land four miles and fifty-six poles in breadth, and the whole length of the colonies of Connecticut and Rhode Island, which they have no right to the jurisdiction of, and are humbly of opinion that it is advisable for the said colonies of Connecticut and Rhode Island to make their application to the King, their sovereign, praying that he would be graciously pleased to order the south line of the said Province of the Massachusetts Bay to be marked out according to their charter ; that the said colonies also may hold out and enjoy the privileges granted them by their respective charters.
And lastly, we humbly report, as our opinion, that the state of the cases of the colonies of Connecticut and Rhode Island, with the said Province, appears to be so far similar, that they may safely and fitly join together, and correspond in the prosecution thereof, so far as to procure an order from the crown to have the said l'rovince south line rightly settled; and that the necessary expenses arising there- on, be paid equally between the said colonies.
Agreed to, by ROGER WOLCOTT, JR., STEPHEN HOPKINS, PIIINEAS LYMAN, THOMAS ARNOLD.
Hartford, April 1, 1752."
And this Assembly having taken the said report into con- sideration, --
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Do vote and resolve, and it is voted and resolved, that the same be, and it is hereby accepted.
And it is further voted and resolved, that the gentlemen ap- pointed a committee by the colony, respecting the northern boundary line, be, and they are hereby continued for that pur- pose.
It is voted and resolved, that Mr. Restcom Sanford, be, and he is hereby appointed to perambulate that part of the colony line which runs between Little Compton and Dartmouth, at the charge of Little Compton.
Whereas, a great number of gentlemen and others, inhabit- ants of the county of Kings county, preferred a petition to the General Assembly, held at South Kingstown, in February last, and among other things set forth, that the court house and jail on Tower Hill, in said South Kingstown, being in a remote corner of the county, expose the inhabitants to great inconveniences ; and both are so far gone to decay, that it will take a great deal of money to put them in tolerable repair ; that they can never be made good, being miserably built at first ; that it will be a continual charge to keep them fit for use, so that the most prudent way will be, to have them pulled down, and others erected in their steads, at a place called Little Rest Hill, in South Kingstown, being near the center of the county, where Col. Elisha Reynolds and others, offering to give lands, and build a court house and jail at their own cost and charge.
On the other hand, a remonstrance was filed by several gen- tlemen and others, in answer to the said petition, offered to re- pair the court house and jail, on Tower Hill, at their own charge.
Both which papers were taken into consideration, at that time, and the Assembly ordered the several towns of that county to be served with copies, which was done accordingly ; and report being now made by the clerks of the several towns,-
This Assembly do vote and resolve, and it is voted and re- solved, that the said petition herein first named, be, and the
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same is hereby granted ; provided Col. Elisha Reynolds, Mr. William Potter and Major Latham Clarke, give bond to the general treasurer, in the sum of £20,000 for the performance of all the conditions mentioned in their petition; and for the court house being so far finished, as to be fit to hold court in by the first Tuesday of August next; and the jail and jail house, not less than the jail and house in the county of Kent ; these last to be built and fit to receive prisoners before any part of the old jail house and jail be pulled down or removed ; and that said court house, and jail house, and jail, be completely finished within one year from the rising of this Assembly.
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