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 39
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This Assembly do vote and resolve, and it is voted and re- solved, that the captain of Fort George, be, and he is hereby directed and ordered to purchase for the colony's use, thirty- six barrels of gunpowder, and draw money out of the general treasury to pay for the same; and that the captain do not al- low or suffer any powder to be fired away at said Fort, on any holiday, or days of public rejoicing.
Whereas, the committee appointed to make the draught of a letter to be sent unto the Right Honorable Sir Thomas Robin-
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son, one of His Majesty's principal secretaries of state, and an- other to the agent, have laid their performances before this As- sembly, who having heard the same read,-
Do vote and resolve, and it is voted and resolved, that the committee of war, or the major part of them, be, and they are hereby authorized and fully empowered to make such altera- tions in said letter, or either of them, as they shall think proper ; that when they have so done, the same be presented to His Honor, the Governor, in order to their being by him signed and sent home by the first opportunity ; and that copies of said letters be exhibited to the General Assembly, at their next session ; that in the letter to be sent to the agent, he be directed to be upon his watch, and if any thing shall be moved in Parliament respecting the plan for an union of His Majesty's northern colonies, projected at Albany, which may have a tendency to infringe on our charter privileges, that he use his utmost endeavors to get it put off until such time as the government is furnished with a copy, and have opportunity of making answer thereunto.
An Act to restrain the sending of provisions and warlike stores to Cape Breton, or any other French port or settlement, in North America,
Whereas, there is, and for some past has been a very perni- cious trade carried on from hence, and some other of the north- ern colonies, to Louisbourg, on the Island of Cape Breton, and other French ports and settlements in North America; by means whereof, the French have been supplied with great quantities of flour and other provisions, and thereby are ena- bled to support themselves the better in their encroachments on Ilis Majesty's territories on this continent; which if not timely prevented, may prove of a very dangerous, if not fatal consequence to this and all other His Majesty's territories in North America ;-
Be it therefore enacted by this General Assembly, and by the authority thereof it is eracted, that the collector of IIis Majesty's customs, for this colony, shall require of every mas-
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ter of a vessel, at his clearing out, an exact account, under his hand, of all the provision and warlike stores, laden or in- tended to be laden, on board his vessel before sailing ; which account shall appear to have been sworn to before an assistant, or justice of the peace, with an additional oath, that he will not lade or suffer to be laden on board any other provisions or warlike stores, after clearing out his said vessel.
And whensoever it shall appear to said officer or his deputy, that any vessel has on board, or that there is intended to be laden on board any vessel, more provisions or warlike stores than is necessary for the victualling and defence of said ves- sel on her proposed voyage, the said officer is hereby required and fully empowered to demand and take of the master of such vessel, a bond, with one or more sureties in the penal sum of £1,000, with this condition : that all such provisions and stores of war shall be landed within His Majesty's domin- ions, and no where else; unless at Surranam, Esquebo, or Bar- beties.
And be it further enacted, that whenever a certificate shall be produced to the collector, or his deputy, from the chief offi- cer of the customs, where such provisions and warlike stores have been landed, agreeably to the true intent and meaning of this act, then such bond shall be cancelled and made void.
And be it further enacted, that this act shall be forthwith published by the clerk of the lower house, and a copy thereof sent to the collector, in order for his conducting himself accord- ing to its true intent and meaning ; and that the same be, and abide in force until the first Wednesday in May next, and no longer.
An Act empowering their Honors, the Governor and Deputy Governor, the assistants and judges of the superior and inferior courts, and each of them, to take up and secure Frenchmen, &c.
Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that His Honor, the Governor, His Hon- or, the Deputy Governor, the assistants, the judges of the supe- VOL. V. 54
.
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rior court of judicature, and judges of the inferior court of com- mon pleas, and each of them, be, and he is hereby requested and fully empowered by warrant, under his, their or either of their hands, to take up and secure at discretion, all and every the subject and subjects of the French king, that shall be found within this colony, or any other person or persons that are, or shall be suspected of carrying or conveying, or of intending to carry, or convey unto the French any intelligence from this colony, or any of the proceedings of the English, in respect to the controversy subsisting between the two nations; and that every officer who shall have a warrant for taking up any sub- ject of the French king, or person suspected, as aforesaid, is hereby authorized and fully empowered to break locks and bars, if occasion require.
The two foregoing acts were published in Newport, March, the 10th day, 1755, according to order, by
JOSIAS LYNDON, clerk of the lower house.
This Assembly do vote and resolve, and it is voted and re- solved, that all business lying before them unfinished, be, and the same is hereby referred unto their next session ; and that this Assembly be adjourned unto the last Monday of April next, if called by either of their Honors, the Governor or Dep- uty Governor ; but if not called before, nor at said time, then this Assembly be, and hereby is dissolved.
God save the King.
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Wednes- day of May, 1755.
The Hon. William Greene, Governor. The Hon. John Gardner, Deputy Governor.
The following officers declared elected, were duly engaged.
The Hon. Stephen Hopkins, Governor. The Hon. Jonathan Nichols, Deputy Governor.
ASSISTANTS.
Mr. John Tillinghast, Mr. Nicholas Easton,
Mr. Nicholas Cooke, Mr. Obadiah Brown, Mr. Robert Lawton,
SECRETARY. Mr. Thomas Ward.
ATTORNEY GENERAL. Mr. Daniel Updike.
Mr. Joseph Brownell, Jr., Mr. Jeremiah Lippitt, Mr. William Richmond,
Mr. John Congdon, Col. Thomas Hazard.
GENERAL TREASURER. Mr. Thomas Richardson.
DEPUTIES.
Newport. Mr. Edward Scott, Mr. Thomas Cranston, Mr. Peter Bours, Capt. Job Bennett, Jr. Mr. James Sheffield, Mr. William Read.
Providence. Mr. Daniel Jenckes, Mr. Nicholas Brown, Mr. George Brown, Mr. Henry Harris.
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RECORDS OF THE COLONY OF RHODE ISLAND [1755.
DEPUTIES.
Portsmouth. Mr. William Anthony, Jr., Mr. John Allen,
Mr. Thomas Brownell,
Mr. William Earl. Warwick.
Mr. Philip Greene, Mr. Joseph Lippitt,
Mr. John Walton, Jr.,
Mr. Benjamin Arnold. Westerly.
Capt. Benjamin Randall. Mr. Hezekiah Collins. New Shoreham. Mr. Edward Sands,
Mr. Samuel Rathbun, Jr. North Kingstown.
Col. Immanuel Northup, Mr. Beriah Brown. South Kingstown. Mr. John Potter, Mr. Rowland Robinson. Eust Greenwich. Mr. William Spencer, Maj. John Arnold. Jamestown.
Mr. Josiah Arnold, Jr. Mr. William Martin. Smithfield. Mr. John Aldrich,
Mr. Jonathan Arnold. Scituate. Capt. Job Randall, Capt. Amos Hammond.
Glocester. Capt. John Smith, Mr. Richard Steere, Charlestown. Col. Christopher Champlin, Capt. Joseph Stanton. West Greenwich. Mr. Thomas Rogers, Mr. Philip Greene. Coventry. Mr. Aaron Bowen, Mr. Richard Stafford. Exeter. Capt. John Reynolds, Mr. John Weight. Middletown.
Mr. Thomas Gould, Mr. Joshua Coggeshall, Jr. Bristol.
Capt. Joseph Russell, Mr. Theajashub Bourn. Tiverton. Mr. Samuel Durfey, Mr. Thomas Howland. Little Compton. Mr. Joseph Wood, Mr. Moses Palmer. Warren. Mr. James Brown, Capt. Benjamin Barton. Cumberland. Mr. Job Bartlett, Mr. Jeremiah Whipple.
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DEPUTIES.
Richmond. Major Richard Bayley,
Cranston.
Mr. John Teft.
Mr. Joseph Harris, Mr. John Burton.
The Hon. Thomas Cranston, speaker, and Mr. Josias Lyndon, clerk.
The Hon. Gideon Wanton, Benjamin Nichols, James Shef- field, Obadiah Brown, Samuel Chace, James Arnold, George Brown and Nicholas Easton, Esqs., the grand committee, or trustees of the colony, for signing bills of public credit, &c.
And the aforenamed Benjamin Nichols, Esq., is chosen and especially appointed to have and take the care and charge of the colony's mortgages and bonds for tenths, and to receive the the money due, and to be due thereon ; and also to make and give proper acquittances and discharges on the mortgages ; or otherwise, upon the receipt of any of the colony's money ; and in case of non-payment, to put in suit the bonds and mortgages of all those that refuse or omit to make due payment.
Mr. Edward Thurston, general sealer of weights and meas- ures, throughout the government.
Whereas, the General Assembly of this colony, at their ses- sion, held at Providence, on Thursday, the 6th of March last, made an act to restrain the sending of provisions and warlike stores to Cape Breton, or any other French port or settlement, in North America; which was to be, and continue in force for a certain term of time, now expired ; and forasmuch, as the circumstances that occasioned the making that act, are still subsisting,-
Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that the act above mentioned, and every clause and article thereof, be, and is hereby revived, and shall have and take effect, and continue in force until the rising of
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the General Assembly at their next session ; and that the col- lector, and every one under him, be, and is hereby forbidden to, and shall not clear out any vessel or vessels to Cape Breton, on any pretence whatever ; and that this act be forthwith pro- claimed, and a copy thereof sent immediately unto the collec- tor's office, by the secretary.
Which was done accordingly, at half an hour past three o'- clock, in the afternoon of the 9th of May, 1755, by
THO. WARD, Secretary.
Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that all the officers in this colony's ser- vice use their utmost endeavors to get the four hundred men, above mentioned, raised and made into four companies as soon as possible, by enlisting in this and the neighboring govern- ments ; and the committee of war are hereby directed to use their utmost endeavors that the deficiency, if any, may be sup- plied and made up, by taking into the service of this colony as many Indians of the Six Nations, as shall be found necessary.
And be it further enacted by the authority aforesaid, that the troops of this government shall be formed into and made a distinct regiment, with the addition of a lieutenant colonel and major, to be, by the committee of war, chosen and appoint- ed' out of the present officers ; who shall be paid in bills of credit, of the old tenor, as followeth :
The lieutenant colonel, £140 per month, including all his other wages.
The major, £130 per month, including all his other wages.
And the following alterations shall be made, with regard to the pay or wages per month, of the officers; who shall have, to wit :
The commissary, £120; every captain, £100; every lieu- tenant, £60; every ensign, £50; every corporal, £18.
And be it further enacted, that if a sufficient number of arms cannot be secured to supply all the soldiers for the expedition,
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the committee of war is hereby empowered and directed to make use of any number of the colony's arms now in Newport, not exceeding two hundred.
And be it further enacted, that the commissary, who is fortlıwith to repair unto Albany, shall, during the expedition, supply the officers and soldiers with all things necessary for their subsistence ; and upon urgent occasions, draw upon the committee of war ; who are to enable themselves to answer all his draughts ; either by shipping West India goods, upon the colony's account, to the westward, or in any other method they shall judge most for the interest of the colony.
And be it further enacted, that the committee of war be, and hereby is empowered to borrow or purchase, on the best terms they can, all the arms that shall be necessary ; and that any person who shall lend or sell to the colony, a good small arm, shall be exempted from all military duty, for, and during the term of one year ; that when the companies, aforesaid, or any one of them, is filled, they, the committee of war, cause them to be transported unto Albany by water ; that they provide for the troops a good and skillful surgeon, who shall be paid £100 per month, and be furnished with a chest of proper medicines, at the colony's expense ; and one month's pay advanced to every officer and soldier, before his departure; and also to supply each soldier with what clothing they may judge neces- sary, to be charged to said soldier.
Moreover, the commissary is hereby directed to take care that the troops of this government have as large an allowance of victuals and liquor as is made unto any of the troops belong- ing unto the other governments; and that in case of the pres- ent commissary's death, the commissioned officers be, and arc hereby empowered to choose and appoint another in his stead.
And be it further enacted, that the committee of war shall have, and hereby is granted unto them, full power and authori- ty, during the recess of the General Assembly, to act, order, do and transact all and every matter and matters, thing and things necessary and convenient to be ordered, done or executed, for
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effectually carrying into execution, the part this government has undertaken in this intended expedition ; and that as fully and amply, to all intents and purposes as the General Assem- bly itself could, ought, or might, were it actually sitting, they, the said committee, being always accountable unto the General Assembly for their conduct.
This Assembly choose and appoint the gentlemen after named, to be committee men of the towns set against their names, respectively ;-
Mr. Solomon Drown, for Providence ; Messrs. Joseph Stan- ton and James Congdon, Jr., for Charlestown ; John Barker, Esq., for Middletown; Mr. Jeremiah Browne, for Little Comp- ton ; Jonathan Randall, Esq., and Mr. Edward Arnold, for Cranston.
This Assembly do vote and resolve, and it is voted and re- solved, that Col. Godfrey Mallbone, with Messrs. Thomas Wickham and Evan Mallbone, be, and they, or any two of them, are hereby appointed a committee, to treat with Josiah Arnold, Esq., about the land at Beaver Tail, upon which the light house stands, in order to purchase the same of him, with as much land more, as they shall think it necessary, for the use of said light house ; that when they shall have agreed, they take a deed of him unto the colony, and draw money out of the general treasury, to pay for what they purchase ; and when the said Josiah Arnold hath made and executed such a deed, that they move him to take upon himself the care and charge of said light house ; but if he will not sell and give a deed of said land unto the colony, that the committee engage one of the best attorneys in this colony, to defend, at the colo- ny's expense, against the said Josiah Arnold, in the suit he hath commenced ; and that the said committee, or any two of . them, have, and take care of said light house in the mean time, and until the end of the General Assembly's next session.
God save the King.
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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 of June, 1755.
The Hon. Stephen Hopkins, Governor. The Hon. Jonathan Nichols, Deputy Governor.
This Assembly do vote and resolve, and it is voted and re- solved, that Mr. Speaker Cranston, Jas. Sheffield and Benjamin Nichols, Esqs., be, and they are hereby appointed a committee, with full power to settle in the best manner they can, the contro- versy that hath so long subsisted between this colony and Jah- leel Brenton, Esq., and receive of him what they shall find due to this government, giving a full discharge in the colony's be- half.
This Assembly do vote and resolve, and it is voted and re- solved, that Jeremiah Lippitt, Daniel Updike and James Hon- eyman, Esqs., be, and they are hereby appointed a committee, to inquire whether this colony hath any right unto part of the French schooner, and the cargo thereof, lately forfeited, and by the admiralty court in this colony condemned.
An Act for emitting more bills upon the credit of this colony, for and towards the carrying on the part by this government undertaken in the present expedition, for removing encroach- ments made by the French.
Whereas, it is very evident, that the sum of £60,000, in old tenor bills, ordered by the General Assembly, at their session in Providence, the 6th day of March last, is altogether insuffi- cient to defray the expense necessarily arising upon the gov- ernment, with respect to that part which they have undertaken in the expedition above mentioned,-
Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that for the purpose afore- VOL. V. 55
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said, the sum of £40,000, in such bills as are above mentioned, be struck off, that is to say :
One half from the large, and the remainder, all but £10,000, from the small plate, lately used by this government ; that it be emitted upon the same foundation, and sunk in the same manner, and at the same periods of time with the said £60,- 000 ; that the small plate be new dated, with the addition of Crown Point, upon the back, and the bills signed by the com- mittee that signed the said £60,000; that £10,000 of the £40,000 be struck off at one time; and when that shall be ex- pended, £10,000 more, and so on, until the whole £40,000 be emitted, if necessity require it.
Be it enacted by this General Assembly, and by the au- thority thereof, it is enacted, that His Honor, the Deputy Gov- ernor, Daniel Jenckes, Esq., and the secretary, be, and they are hereby constituted a committee, to represent this colony, and directed and fully empowered, to demand, sue for and take into possession, this colony's part of the French schooner, and her cargo, lately forfeited and condemned by the court of vice admiralty, in this colony ; and also the colony's part of all and every other vessel or vessels, cargo or cargoes, that may here- after be forfeited.
This Assembly do vote and resolve, and it is voted and re- solved, that when the collectors of the rate made by this colo- ny, return their warrants, and pay in the money collected, if it shall appear unto the general treasurer, that any sums that shall be in arrear, could not have been collected, he shall grant forth a new warrant or warrants, for collecting the same, re- turnable in one month.
Whereas, there was an act made and passed by the General Assembly, at their session in Providence, upon the 6th day of March, last, entitled " An aet to restrain the sending provi- sions and warlike stores to Cape Breton, or any other French port, or settlement, in North America, which was to be, and continue in force until the first Wednesday of May, then next ensuing ; which said act was, by the General Assembly, at their session last month, revived and made to take effect, and
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continue in force, with an addition thereunto, forbidding the collector, and every one under him, to clear out any vessel or vessels to Cape Breton, on any pretence, whatever; and that the same act, with the addition thereto made, as aforesaid, should be, and continue in force until the rising of this Assem- bly ; and forasmuch, as the occasion of making and continuing said act, with the addition, aforesaid, still subsists,-
Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that the act aforesaid, with the clause thereto added, be, and the same is hereby continued ; and shall have and take force, and be of effect to all intents and purpos- es, until the rising of the General Assembly, at their next session.
And it is further enacted, that this act be forthwith pub- lished by the secretary; who is hereby directed to send a copy unto the collector's office.
Both of which, were accordingly done on the 12th day of this instant June, by THO. WARD, Secretary.
This Assembly do vote and resolve, and it is voted and re- solved, that John Tillinghast, Jeremiah Lippitt, Philip Greene, Daniel Jenckes and Job Randall, Esqs., be, and they hereby are constituted a committee, to form an act to determine and ascertain in what manner judgments made, and to be made up for sterling money, gold, silver, or paper bills, of any of the neighboring colonies, shall be satisfied, in such manner that the creditors may receive equal in value to what is due, and no more.
An Act for further continuing the present committee of war.
Whereas, the General Assembly, at their last session, granted the committee of war full power and authority, during the recess of the General Assembly, to act, order, do and transact, all and every matter and matters, thing and things necessary and convenient to be ordered, done, or exe.
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cuted, for effectually carrying into execution the part this government hath undertaken in the expedition intended to re- move encroachments made by the French, upon the territories of our sovereign ; and that as fully and amply, to all intents and purposes, as the General Assembly itself could, ought or might, were it actually sitting; which power and authority may seem to have been abrogated and annulled by this pres- ent session.
Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that the same power and authority be, and hereby is further continued unto the said committee of war; and they shall at all times have and enjoy the same, during the recess of the General Assembly, so long as the present expedition shall continue ; they being always accountable for their conduct unto future General Assemblies.
God save the King.
Secretary Robinson to the Governor and Company of Rhode Island.
Whitehall, 19th June, 1755.
Gentlemen :- Having received no letters from you, since my last, of the 16th of April, I have only to acquaint you, that it is the express command of the lords jus- tices, that you should not draw bills upon the paymaster general, or his deputy, or upon any other person ; and that you should not issue any warrants for money, for the discharge of such expenses as have been, or may be incurred, on account of the services or operations to be performed by you, or in any respect under your direc- tion, in North America.
But the lords justices are pleased to direct, that, upon all such occasions, you shall apply for such sums of money as shall so become necessary, and are not properly chargeable to the account of your government, to Major General Braddock, or to the commander in chief of His Majesty's forces for the time being, in North America.
I am, gentlemen, your most obedient humble servant,
T. ROBINSON.
To the Governor and Company of Rhode Island.
Secretary Pownall to the Governor and Company of Rhode Island.
Whitehall, July the15th, 1755.
Gentlemen :- It being for His Majesty's service, that the lords commissioners for trade and plantations should be fully informed of the present state and condition of
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all His Majesty's colonies in North America, I am directed by their lordships to send you the enclosed heads of inquiry, and to desire you will forthwith transmit very full and particular answers thereto; and also a collection of the laws which have, from time to time, been passed, and are now in force, within the colony un- der your government.
I am, gentleman, your most obedient humble servant,
JOHN POWNALL, See'ry.
To the Governor and Company of Rhode Island.
Queries relating to His Majesty's Plantations on the continent of America.
1. What is the situation of the colony under your government, the nature of the government, the nature of the country, soil and climate, the latitudes and longi- tudes of the most considerable places in it, or the neighboring French or Spanish settlements ? Have those latitudes and longitudes been settled by good observa- tions, or only by common computations, and from whence are the longitudes com- puted ?
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