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 34
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That King Charles the Second, in the fifteenth year of his reign, granted a char- ter to the said colony of Rhode Island and Providence Plantations, and bounded them northerly on the south line of the said colony of the Masssachusetts Bay.
That the country through which the dividing line between the said two colonies would pass, not being then inhabited, no attempts appear to have been made by
368
RECORDS OF THE COLONY OF RHODE ISLAND
[1753.
the colony of Rhode Island, to have the said line settled, until the year 1710, when commissioners were appointed by both said colonies for that purpose ; who being met, the Massachusetts commissioners informed those of Rhode Island, that the place or point, for their south line to commenee at, had been rightly found out and ascertained long before, by Nathaniel Woodward and Solomon Saffery, skillful ar- tists, by them appointed for that end, in the year 1642; and showed a plat or map, of their doings (as they pretended), in which Charles River was deciphered, and a mark made for a stake standing three miles due south, from its most southern part ; and the Rhode Island commissioners being wholly unacquainted in that part of the country, and giving eredit to the Massachusetts commissioners, were induced, in the month of October, in the year 1718, to agree that the stake set up by Na- thaniel Woodward and Solomon Saffery, in the year 1642, upon Wrentham Plain, be the station, or commencement to begin the line, which shall divide between the two governments.
That in the year 1719, persons were appointed by both said colonies, called rid- ing commissioners, to run and mark out the said dividing line ; who, instead of be- ginning at a place three miles, and no more, from the southern part of Charles River, agreeably to the Massachusetts charter and the true intent of the agreement aforesaid, were shown a place where the Massachusetts commissioners affirmed the stake set up by Nathaniel Woodward and Solomon Saffery, had formerly stood ; and the Rhode Island commissioners, not carefully examining into the truth, were prevailed upon to begin at the place so shown to them ; and did from thence run and mark out a line, which hath, from that time, been the dividing line between the said colonies.
That on the geography of that part of the country being better known, the col- ony of Rhode Island, suspecting there was an error in running the line aforesaid, caused an accurate survey to be made of all the southern parts of the said Charles River, and the distance to be exactly measured between the most southern part thereof, and the line aforesaid ; and find it on the meridian, seven miles and fifty- four poles ; by which it appears, that by the wrong running of said line, the colony or Province of the Massachusetts Bay, do hold the jurisdiction of a traet of land four miles and fifty-four poles in breadth, and about twenty-two miles long, which doth of right belong to the colony of Rhode Island.
That, as the colony of Rhode Island were much imposed upon, and greatly de- ceived, and injured by their neighbors, of the Massachusetts, in running and mark- ing out the line, aforesaid, in manner, as aforesaid ; they humbly hope they shall not be holden to and concluded thereby.
And therefore most humbly pray, that Your Majesty would be graciously pleased to order, that the south line of the colony or Province of the Massachusetts Bay, may be rightly run, and marked out, according to the charter granted them, in such manner as in your royal wisdom, you shall think fit.
And your petitioners, as in duty bound, will ever pray.
WILLIAM GREENE,
For the Governor and Company of Rhode Island. Newport, Rhode Island, March 2, 1752-3.
369
AND PROVIDENCE PLANTATIONS.
1753.]
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 1st day of May, 1753.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
ASSISTANTS.
Mr. John Tillinghast,
Mr. Jonathan Nichols,
Mr. Jabez Bowen,
Mr. Stephen Brownell,
Mr. Robert Lawton,
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, 1753.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
DEPUTIES.
Newport. Mr. Edward Scott,
Mr. Thomas Cranston, Mr. Peter Bours, Capt. Job Bennett, Jr. Capt. William Mumford, Mr. Nicholas Easton. VOL. V. 47
Providence. Mr. Jonathan Randall, Mr. Elisha Brown, Mr. Daniel Jenckes.
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RECORDS OF THE COLONY OF RHODE ISLAND [1753.
DEPUTIES.
Portsmouth.
Mr. William Anthony, Jr.,
Mr. John Allen,
Mr. Caleb Hill,
Mr. Gideon Freeborn, Jr. Warwick.
Mr. John Peirce,
Capt. Randall Rice,
Major John Rhodes,
Mr. Benjamin Arnold. Westerly.
Mr. Joshua Babcock, Mr. Joshua Clarke. New Shoreham. Mr. Edmund Sheffield, Mr. John Paine. North Kingstown. Mr. Henry Hall. South Kingstown. Mr. Jeoffry Haszard,
Col. Thomas Hazard. East Greenwich. Mr. Joseph Nichols, Mr. John Fry. Jamestown. Mr. Joseph Clarke. Smithfield.
Mr. John Aldrich, Mr. Thomas Owens. Scituate.
Capt. Job Randall, Capt. Thomas Relph. Glocester.
Col. Richard Smith, Capt. Joseph Windsor.
Charlestown. Col. Christopher Champlin, Capt. Joseph Stanton. West Greenwich. Mr. Jeremiah Ellis,
Mr. Preserved Hill. Coventry. Mr. John Greene, Capt. John Ulerton. Exeter. Capt. John Reynolds, Mr. Nicholas Gardner. Middletown. Capt. John Barker, Mr. Handley Chipman. Bristol. Mr. Joseph Russell, Capt. Simon Davis. Tiverton. Mr. Samuel Durfey, Mr. Edward Wanton. Little Compton. Mr. William Hall, Mr. Richard Greenhill. Warren. Capt. John Adams, Mr. Benjamin Miller. Cumberland. Mr. Job Bartlett, Mr. Jeremiah Whipple. Richmond. Capt. Joseph Enos, Jr. Mr. Simeon Perry.
371
AND PROVIDENCE PLANTATIONS.
1753.]
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. Robert Lawton,
Mr. Jonathan Nichols,
Mr. Jeremiah Lippitt,
Mr. William Richmond,
Mr. Daniel Coggeshall,
Mr. Jeoffrey Watson.
SECRETARY.
Mr. Thomas Ward.
ATTORNEY GENERAL. Mr. Daniel Updike.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the second Mon- day of June, 1753.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
This Assembly do vote and resolve, and it is voted and re solved, that the committee appointed to erect a new jail and jail house in Providence, be, and they are hereby empowered
Mr. Nicholas Cooke,
Mr. Jabez Bowen,
Mr. Stephen Brownell,
GENERAL TREASURER. Mr. Thomas Richardson.
372
RECORDS OF THE COLONY OF RHODE ISLAND |1753.
to draw out of the general treasury the sum of £1,000, to be appropriated towards carrying on said building.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the third Mon- day of August, 1753.
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 James Sheffield and Daniel Jenckes, Esqs., with Mr. William Read, be, and they, or the major part of them, are hereby constituted a committee for erecting another light house, with stone or brick, at the place where that lately burnt down, stood, as soon as they can con- veniently ; and that the said committee make use of all the bricks at Fort George, or such part of them as they shall think proper.
Whereas, John Martin, of Jamestown, was brought before this Assembly (when resolved into a grand committee), in con- sequence of a warrant issued against him, at the last session of this Assembly, for grossly and scandalously abusing them ; and it being fully proved that he, the said John Martin, is guilty of the crime laid to his charge,-
It is voted and resolved, that the said John Martin shall be forthwith committed and closely confined to His Majesty's jail, in Newport, without the use of pen, ink and paper ; and that no person but the sheriff, shall, without leave of this Assem- bly, have liberty to speak to, or confer with him, on any occa- sion whatever ; and there to remain till further orders from this Assembly ; and the said John Martin was committed ac- cordingly.
.
373
AND PROVIDENCE PLANTATIONS.
1753.]
On the 23d day of August, John Martin, of Jamestown, was brought before this Assembly, and made and signed the following acknowledgment :
Acknowledgment of John Martin.
" Newport, August 23, 1753.
I, John Martin, do hereby acknowledge, that I have grossly and scandalously slandered and abused this Honorable Assem- bly, for which I am heartily and sincerely sorry, and very humbly entreat Your Honors' pardon ; and promise for the fu- ture, never to be guilty of the like crime.
JOHN MARTIN."
On consideration whereof, this Assembly forgive the said John Martin, and dismiss him, he paying costs.
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, 1753.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
This Assembly do vote and resolve, and it is voted and re- solved, that the committee appointed to build a new jail in the county of Providence, draw out of the general treasury the sum of £1,000 more than hath been already granted towards carrying on said work ; and that said committee sell and dis- pose of the old jail house, and lot of land thereunto belonging, to the best advantage, and give a good warrantee deed thereof.
374
RECORDS OF THE COLONY OF RHODE ISLAND
[1753.
It is voted and resolved, that Jabez Bowen, Daniel Jenckes and George Brown, Esqs., together with Mr. Job Bennett, Jr., be, and they are hereby constituted a committee, to view the new court house and jail, in Kings county, and consider whe- ther those persons who became bound to build said court house and jail, have performed the condition of their bond ; and that they make report on the premises, to this Assembly, as soon as conveniently they can.
The gentlemen that were appointed a committee, to audit the accounts of Benjamin Nichols, Esq., presented this Assem- bly with the following account and report :
Report of the Auditing Committee.
Benjamin Nichols, Esq., treasurer of the grand committee, to the colony, Dr.
s. d.
1753. To the balance of the last account, as per report of the com- mittee, dated April 22d, 1752 397,622 10 4
Benjamin Nichols, Esq., treasurer of the grand committee, to the colony, Cr. s. d.
1753. By cash paid to John Tillinghast, Thomas Cranston, James Sheffield and Peter Bours, Esqs., a committee, appointed by the General Assembly, to receive and burn the same,
16 By cash paid to William Collins, of Connecticut, by order of Assembly 14 00 0
By cash paid Jeremiah Rose, by order of Assembly. 42 16 0
= 66 " John Whipple, of Glocester, by order of Assem- bly 82 00 0
By £3, new tenor, short in ten bonds, given to discharge a mortgage deed of Robert Wilcox, of North Kingstown, dated June 18th, 1741, is in old tenor.
20,088 03 9
By ten shillings, new tenor, short in ten bonds given to dis- charge a mortgage deed of Jeremiah Gardner, of North Kingstown, dated June 5th, 1741, is in old tenor. . . 20 00 0
120 00 0
By cleven shillings and three farthings short in ten bonds given to discharge a mortgage deed of Stephen Tift, of South Kingstown, dated June 1st, 1741, is old tenor ... 22 02 8
" By twelve shillings and four pence, new tenor short, in the re- turn of South Kingstown's bond, for their proportion of the seventh bank, in old tenor 2 09 4
= By £37 13s., short in ten bonds, given to discharge a mort- gage deed of Thomas Gould, of Charlestown, dated Sep- tember 4, 1742 ; said bonds being given for £12 11s., when they should have been for $12 11s., new tenor .. . . 376 10 0
1753.]
AND PROVIDENCE PLANTATIONS.
375
s. d.
1753. By eight shillings, new tenor, short in ten bonds, given to discharge a mortgage deed of James Congdon, Jr., of Charlestown, dated June Sth, 1741, is in old tenor. ..... 16 00 0 By nine shillings, new tenor, short in ten bonds, given to dis- charge a mortgage deed of John Tift, of Charlestown, dated June 8th, 1741, is in old tenor. 18 00 0
By balance in the hands of Benjamin Nichols, Esq. 376,820 08 7
£397,622 10 4
" We, the subscribers, being, by the General Assembly, appointed a committee, to audit the accounts of Benjamin Nichols, Esq., treasurer of the grand com- mittee, and to receive and burn the tenth money in his hands, report :
That we have examined the accounts of the aforesaid Benjamin Nichols, Esq., a statement of which, we herewith present, and whereby it appears, that there is a balance in the hands of the said Benjamin Nichols, Esq., of the sum of £376,820 8s. 7d., in favor of the colony, exclusive of the last bank, which is not charged in this account, as the said Nichols informs us that there are a considerable number of mortgages and bonds belonging to it, which have not been delivered into his office.
We also report, that we have burnt the money paid us by said Nichols, except £792 1s. 1d., in the hands of John Tillinghast ; £508 188. 4d., in the hands of Thomas Cranston ; £267 18s. 8d., in the hands of James Sheffield; and £80 4s. 8d., in the hands of Peter Bours, all calculated in old tenor ; which being bills of the last emission, are deposited with them, to exchange for old bills of credit, to burn, and for which they have lodged their receipts, with the said Benjamin Nichols, Esq. JOHN TILLINGHAST, PETER BOURS,
THOMAS CRANSTON, JAMES SHEFFIELD.
Newport, October 29th, 1753."
And this Assembly, having taken the said report into con- sideration, and duly examined it, --
Do vote and resolve, and it is voted and resolved, that the same be, and it is hereby accepted.
Whereas, Moses Lopez, of Newport, in the county of New- port, merchant, represented unto this Assembly, that the man- ufacturing of potash, in this colony, will be of great advantage to the government, provided, it can be done in a right man- ner; that it will prove a good remittance to Great Britain in re- turn for such goods as as we have occasion of, from thence, and will be the means of lowering the price of silver, gold and European goods ; and by sending to our mother country a commodity which is very much wanted there, will be serving them in a high degree, and thereby procure their favor, with
376
RECORDS OF THE COLONY OF RHODE ISLAND [1753.
many other advantages ; that he, the said Moses, by the as- sistance of a particular friend, that is not in this country, hath made himself master of the true art and mystery of making potash, which is known to very few in the kingdom ; that he can carry it on to the great advantage of the colony, and at the same time make a reasonable profit to himself; and upon the whole, prayed this Assembly to grant him a patent for the manufacturing of potash in this colony for the term of ten years, and prohibit all other persons whatsover from setting up and carrying on that trade and business in this colony, except- ing such as shall work under him, and by his direction; and also to prohibit the carrying any ashes out of this colony into the neighboring governments, on any pretence, whatsoever, upon such penalties as this Assembly shall think proper ; one half to the informer, and the other half to the treasury of the town where the offence shall be committed.
And as the said Moses Lopez will have occasion of all the ashes made in the colony more than the inhabitants will be obliged to keep for their own use, he shall be willing to pay them a reasonable price therefor ; and this Assembly having taken the premises into consideration,-
Do vote, resolve and enact, and it is voted, resolved and enact- ed that the prayer of the said Moses be, and the same is here- by granted ; provided, he shall carry on the business, aforesaid ; and that £5 be the penalty for every bushel of ashes that shall be transported into the neighboring governments, or any other part of the world.
Whereas, John Cogswell and Owen Sullivant, alias John Pierson, are suspected of being concerned in counterfeiting the bills of public credit, of the last emission, made by this colony, and each of them hath made his escape out of the government, by breaking jail,-
This Assembly therefore do vote and resolve, and it is here- by voted and resolved, that the sum of £400 be allowed and paid out of the general treasury, to any person or persons that shall apprehend and convey to His Majesty's jail in Newport, the said John Cogswell, and the same sum shall be allowed and
377
AND PROVIDENCE PLANTATIONS.
1754.]
paid out of the general treasury, for apprehending the said Owen Sullivant, alias John Pierson, and commit them to His Majesty's jail, in Newport.
Both houses resolved into a grand committee, on the 2d day of November, when the Hon. Joseph Whipple, Esq., resigned the office of Deputy Governor ; and thereupon, the Hon. Jona- than Nichols, Esq., was chosen Deputy Governor, in his room, for the remaining part of the year, and engaged accordingly.
Nicholas Easton, Esq., was chosen and engaged second as- sistant, in the room of the Hon. Jonathan Nichols, Esq., ad- vanced as above.
This Assembly do vote and resolve, and it is voted and re- solved, that Mr. Daniel Smith, be, and he is hereby fully em- powered, to grant forth warrants for collecting the rates order- ed to be levied in the county of Providence, for erecting a work house in said county.
Whereas, Jabez Bowen, Esq. and Mr. Elisha Brown, exhibit- ed to this Assembly, an account by them charged against the government, for their time and sundry expenses, and dis- bursements, in repairing Pawtucket Bridge; which being duly examined, ---
This Assembly do vote and resolve, and it is voted and re- solved, that the said account be, and it is hereby allowed ; and that £653 6s. 2d., the balance thereof, be paid the said Jabez Bowen and Elisha Brown, out of the general treasury.
Whereas, Francis Willett, Esq., one of the committee ap- pointed to run the line between South Kingstown and Exeter, declines serving in that office,-
It is therefore voted and resolved, that Thomas Phillips, of North Kingstown, Esq., be, and he is hereby appointed in the room of Mr. Willett, for the purpose, aforesaid ; and that the said committee, or the major part of them, perform said busi- ness.
God save the King. VOL. V. 48
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RECORDS OF THE COLONY OF RHODE ISLAND [1754.
['The following Public Laws, passed during the year 1753, are printed at length in the volume of Public Laws, published in the year 1767, unless repealed previous to that time.]
An Act for regulating ferries. (February.)
An Act for establishing a work house in the county of Providence. (February.) An Act for the more regular disposing of the fines of delinquent jurors, for their non-appearance at the several courts in this colony. (February.)
An Act for repealing one clause of an act, entitled " An act to prevent unlawful gaming," made in the twenty-third year of His present Majesty's reign. (May.) An Act for the more easily recovering of small debts ; and for preventing unneces- sary charges in law suits in this colony. (June.)
An Act for the relief of Charles Ninegret, sachem, an infant. (June.)
An Act for setting up a lottery to raise a sum of money in order to complete the court house in the county of Kent, around the prison yard ; and for repairing the bridge in Scituate, and that called Hunt's Bridge. (June.)
An Act empowering overseers of the poor to bind out idle or indigent persons; as also obliging the overseers to serve when chosen to office. (August ) An Act for naturalizing Peter Miraill, of Newport. (August)
An Act for the relief of Joseph Whipple, of Newport. (August.)
An Act for reviving the superior court of judicature, in Kings county. (October.) An Act for explanation, and in addition to the act for regulating of fences. (October.)
An Act in addition to an act, entitled " An act directing proceedings in actions and suits, wherein either the recorder or sheriff are parties." (October.)
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Monday of February, 1754.
The Hon. William Greene, Governor.
The Hon. Jonathan Nichols, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, Stephen Hopkins and Daniel Jenckes, Esqs., Capt. John Cole, together with Messrs. Ephraim Bowen and Nicholas Brown, by petition, represented unto this Assembly that a number of persons in Providence, with some in neighboring towns, being desirous as far as in them lieth, to promote useful knowledge, have, for that end, made a voluntary subscription,
379
AND PROVIDENCE PLANTATIONS.
1754.]
and thereby have raised and sent to England, a sum of money sufficient to purchase books to furnish a small library ; but though they have with difficulty proceeded thus far, yet find themselves unable to raise money for building a proper place to keep the books in when they arrive, and as the council chambers in the court house, in Providence, is not put to any use except when the General Assembly sit there ; and should this Assem- bly give the petitioners' leave to put their books therein, yet would there be sufficient room for the General Council to sit comfortably there, and would be so far from being any incon- venience, that on the other hand, it would be a real ornament to the house, and afford an agreeable amusement to the mem- bers in their leisure hours ; whereupon, the petitioners, in be- half of themselves and all others concerned in the affair, hum- bly prayed this Assembly to give them leave, at their own proper cost, to erect shelves on the west and north sides of the said council chamber for the purpose, aforesaid ; and also, to enable the proprietors of the said books to make such acts and orders as may be fit and necessary for the proper regulating said library ; and that they may be good and valid for those ends ;-
And this Assembly, having taken the matters and things aforesaid, into consideration,-
Do vote, resolve and enact, and it is voted, resolved and en- acted, that the prayer of the petitioners be, and the same is hereby granted.
Whereas, information hath been made to this Assembly, by Mr. Gideon Freeborn, one of their members, that Gideon Wan- ton, Esq., hath very grossly abused the General Assembly of this colony,-
This Assembly do therefore vote and resolve, and it is voted and resolved, that a precept be issued by the secretary to the sheriff of the county of Newport, to apprehend the said Gideon Wanton, and bring him before the General Assembly, at their next session, the first Wednesday of May next, to answer for the abuse by him given, as aforesaid, and to do what shall then and there be enjoined him.
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RECORDS OF THE COLONY OF RHODE ISLAND [1754.
Whereas, James Rogers, of Newport, shop-keeper, represent- ed unto this Assembly, that the making pearlashes within the government, will be very advantageous to the colony, upon several accounts ; but as it will be attended with considerable cost and trouble to the undertakers, and as the General As- sembly have lately granted a patent to Mr. Lopez, for the sole making of potashes, he prayed that an act may be passed enabling him to make pearlashes among us, for the term of ten years ; and that no other person presume so to do, under such penalties, &c. ;--
And this Assembly, having taken the premises into consid- eration,-
Do vote and enact, and it is hereby voted and enacted, that the said James Rogers shall have, and hereby is granted him the sole liberty of making pearlashes within the colony, for the space of ten years ; and that no other person or persons besides the said James Rogers, presume so to do; neverthe- less, no penalty shall be incurred by any who shall hereafter presume to make pearlashes within this government.
God save the King.
Sceretary Holdernesse to the Governor and Company of Rhode Island.
Whitehall, 28th June, 1753.
Gentlemen :- I am to acquaint you, that it is the King's pleasure, that the arms and military stores, which were made use of, upon the intended expedition against Canada, and which were returned by His Majesty's order, when the troops were dismissed that service, and are now lying at Rhode Island, under your care, should be forthwith transmitted to Governor Shirley, at Massachusetts Bay, to be ready for such services as His Majesty shall hereafter be pleased to direct.
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