Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 40

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 40


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2. What are the reputed boundaries, and are any parts thereof disputed, what parts, and by whom ?


3. What is the constitution of the government ?


4. What is the trade of the colony, the number of shipping, their tonnage, and the number of sea-faring men, with the respective increase or diminution within ten years past.


5. What quantity and sorts of British manufactures do the inhabitants annually take from hence ?


6. What trade lias the colony under your government with any foreign planta- tions, or any part of Europe, besides Great Britain ? How is that trade carried on ? What commodities do the people under your government send to or receive from foreign plantations ?


7. What methods are there used te prevent illegal trade, and are the same effectual ?


8. What is the natural produce of the country, staple commodities and manu- factures ? and what value thereof in sterling money may you annually export ?


9. What mines are there ?


10. What is the number of inhabitants, whites and blacks ?


11. Are the inhabitants increased or decreased within the last ten years, how much, and for what reasons ?


12. What is the number of the militia ?


13. What forts and places of defence are there within your government, and in what condition ?


14. 'What number of Indians have you, and how are they inclined ?


15. What is the strength of the neighboring Indians ?


16. What is the strength of your neighboring Europeans, French or Spaniards ?


17. What effect have the French or Spanish settlements on the continent of


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RECORDS OF THE COLONY OF RHODE ISLAND


[1755.


America, upon His Majesty's plantations, especially upon your colony ?


18. What is the revenue arising within your government, and how is it appro- priated ?


19. What are the ordinary and extraordinary expenses of your government ?


20. What are establishments, civil and military, within your government, and by what authority do the officers hold their places ?


It is desired that a return may be made to these queries every six months, that the board may from time to time be apprized of any alterations that may happen in the circumstances of your government ?


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, on Monday, the 11th of August, 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 three companies, of fifty men each, including offi- cers, be forthwith raised, and supported at the charge of this colony, sent and joined unto the companies already raised and sent by this government unto Albany, upon the expedition against Crown Point; and Jeremiah Lippitt, Esq., the at- torney general, George Brown, Esq., and the secretary be, and they are hereby constituted a committee, to draw up an act, accordingly.


" We, the subscribers, dissent from the vote for raising one hundred and fifty men, to be added to those already raised for the expedition to Crown Point, for the following reason :


Because we are of opinion, that the four hundred men, for- merly voted, are this colony's full quota ; and we are unwil- ling to load our constituents with a burthen that we think exceeds their ability to bear.


THOMAS ROGERS, BENJ. ARNOLD,


EDWARD SCOTT,


IMMANUEL NORTHUP,


WILLIAM SPENCER, SAMUEL DURFEE,


PHILIP GREENE, of West Greenwich."


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Whereas, James Sheffield, Esq., captain of Fort George, ex- hibited unto this Assembly, an account by him charged against the government, for monies by him disbursed in pro- viding sundry necessaries for the public service at said fort ; which being duly examined,-


This Assembly do vote and resolve, and it is voted and re- solved, that the said account be, and the same is hereby al- lowed ; and that £41 6s. 4d., the amount thereof, be paid unto the said James Sheffield, out of the general treasury.


Whereas, this Assembly is informed by His Honor, the Lieu- tenant Governor of the Massachusetts Bay, that it has been reported that vessels have sailed, and that others were fitting out from this government, designed to go among the French with provisions ;*_


This Assembly, therefore, do vote and resolve, and it is voted and resolved, that John Tillinghast, Immanuel Northup,


* From Lieut. Governor Phips, of Massachusetts, to Governor Hop- kins, of Rhode Island.


Boston, August 25, 1755.


Sir :- I am to acknowledge the receipt of Your Honor's letter of the 23d inst. I could not avoid acquainting you with the information which I had received, re- lating to the transportation of provisions to the French ; and as I have no reason to suppose but that the gentleman who gave it was moved to do it by a concern for the public service, I think it would not be good policy to subject him to the odium or displeasure of any persons whatsoever; for at this critical juncture, too great en- couragement cannot be given for the detecting any designs to supply the French. The enclosed letter, with the state of the town and garrison of Louisbourg, which I have just received from Admiral Boscawen, confirms me in this opinion, more fully than ever.


I do not apprehend that a charge against, or suspicion of any particular inhabit- ant can be construed as a reflection upon the colony in general ; especially, as the government have shown their concern to prevent any such measures.


I have had good reason to suspect persons within this Province, and have been obliged to make inquiry into their conduct, and lay them under peculiar restraints ; and have lately been informed that some schemes have been on foot to carry provi- sions from Martha's Vineyard, or some other parts of this government, near the borders of yours. If any such designs should come to Your Honor's knowledge, I doubt not you will give me immediate information of them.


I am, sir, your most obedient and most humble servant,


S. PHIPS.


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RECORDS OF THE COLONY OF RHODE ISLAND


[1755.


Edward Scott and William Anthony, Jr., Esqs., be, and they are hereby appointed a committee, to make strict inquiry into the above mentioned affair, and make report to this Assembly, as soon as may be.


This Assembly do vote and resolve, and it is voted and re- solved, that Obadiah Brown, James Sheffield and Joseph Rus- sell, Esqs., and Mr. Joseph Lippitt, be, and they are hereby ap- pointed a committee, to audit the accounts of the committee of war, and make report unto this Assembly as soon as pos- sible.


An Act for raising and supporting three companies, of fifty men, each, including officers, to join the troops already sent by this government in the expedition against Crown Point.


Whereas, the defeat of the English army at, or near the Mo- naungahela," may not only inspirit the French and their In- dian allies, but give them an opportunity and the advantage of detaching such a part of their forces to the northward, as may render the success of the expedition under Major General Shir- ley against Niagara precarious, but frustrate that which this colony, in conjunction with some other of His Majesty's gov- ernments in North America are engaged in, against Crown Point, and thereby bring the English empire in those parts, into considerable danger; for preventing whercof, as far as lieth in the power of this colony,-


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that three companies, of fifty men, each, including officers, be forthwith raised and supported at the expense of this colony, under the command of such officers as shall be chosen and appointed for that purpose, and sent by land unto Albany, as fast as the companies can be filled up by


* [This refers to the celebrated defeat of the English forces under General Brad- dock, on the 9th July, 1755, when an attempt was made to invest Fort Du Quesne, (now Pittsburgh,) the stronghold of the French. Colonel, afterwards General Washington, acted on this occasion, as aid to General Braddock .- J. R. B ]


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1755.]


order of His Honor, the Governor ; and from thence, to march with the utmost expedition, so as to join and be added unto the regiment already sent by this government against Crown Point, under the command of Col. Christopher Harris, before any action is entered upon, if possible.


And be it further enacted by the authority aforesaid, that, the officers to be chosen, shall have and receive the same wages, and enjoy equal immunities and advantages with those already sent ; and every soldier to be raised, the same wages bounties and immunities in every respect, as were granted the soldiers of our aforesaid regiment.


And as a further encouragement, and for the more speedy raising men to form the three new companies, each soldier shall have and be allowed, upon his enlisting, a bounty of £25, old tenor, more than was allowed or granted unto the sol- diers first raised in this colony.


And to the end that there may be a sufficiency in the gen- eral treasury, for raising men, paying bounties, supporting the troops, and other incident charges,-


Be it further enacted, that the sum of £20,000 be forth- with made and struck off from the plates which were used at the beginning of the expedition, and signed by the committee that signed those bills, and deposited with the general treasu -- rer, to be taken, drawn out and used as occasion shall require.


And be it further enacted, that the bills so emitted, shall, pursuant to act of Parliament, be called in and sunk, within the space or term of two years from the passing this act, by a tax to be assessed and levied upon the inhabitants of this col- ony, in the same manner as the tax for sinking the £60,000, ordered to be made and struck off by the General Assembly, in March last.


This Assembly do vote and resolve, and it is voted and re- solved, that the sum of £5,000, be allowed and paid out of the general treasury, towards carrying on the building of Fort George ; and in case the town of Newport shall, on their own proper account, grant the sum of £5,000 towards building said VOL. V. 56


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RECORDS OF THE COLONY OF RHODE ISLAND


[1755.


fort, that £5,000 more be allowed and paid out of the general treasury for the purpose aforesaid, to be added unto the first mentioned £5,000.


An Act to prohibit provisions, or any intelligence from being carried to Cape Breton.


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that if any master of a vessel or oth- ers, shall carry or convey any cattle, sheep or provisions, or warlike stores of any kind whatever, to the island of Cape Breton, or any other French port, or to any part of Newfound- land ; or shall carry or convey any intelligence to said island of Cape Breton, or to the French in any other place. of the ex. peditions carrying on in America, against the French and In- dians, on due conviction thereof, such offender or offenders shall stand in the pillory for the space of half an hour, and have his or their ears cut off, and pay as a fine, for the use of the colony, £5,000; and shall be also for ever after rendered infamous.


And to the end that no opportunity may be given to evil minded persons to contract for, and to export any provision or warlike stores, contrary to the true intent and meaning of this act, all His Majesty's peace officers in general, are hereby em- powered and strictly required, to take notice of, and examine into the conduct of all strangers, and others who they have any reason to believe are about to do any thing contrary to this act ; and if it shall appear to them needful, to secure any suspected person till he enter into recognizance, with good sureties, to do nothing contrary to this act ; or if strangers, and can give no good account of themselves and business, forthwith to depart this colony ; and this act shall be forthwith published, and be in force.


Whereas, the act of the General Assembly, made in March last, entitled " An act to restrain the sending provisions and warlike stores, to Cape Breton, or any other port or settlement belonging to the French, in North America," and continued by


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1755.]


several subsequent acts, until the rising of this Assembly, will necessarily expire without a further continuance ;-


Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that the above mentioned act, and every clause therein contained, with all such additions as have since at any time, been thereunto made, be, and hereby is continued, and shall have full force and effect, until such time as this Assembly shall otherwise order.


And be it further enacted, that no provisions of any kind whatever, fish only excepted, shall be exported out of this col- ony, in any ship or vessel, more than is barely sufficient for victualling such ship's company for the intended voyage; and that if any person or persons shall presume to ship or put on board any ship or vessel a greater quantity of any kind of pro- visions than is above mentioned, the offender or offenders, con- trary to the true intent and meaning of this act, shall forfeit all such provisions, together with the ship or vessel on board of which they are put or laded ; and all the other goods on board such ship or vessel, one half to the use of the colony, and the other half to him who shall inform and sue for the same.


Provided, nevertheless, and it is the true intent and meaning of this act, that nothing herein contained shall be construed to prohibit the exporting from this colony any cheese, cattle, sheep, hogs, or fowls, being alive, with grain sufficient for their support on the voyage, to any English port, Newfoundland excepted ; provided bond be given agreeably to the above mentioned law, nor to obstruct the transporting provisions of any kind from this colony to Albany, for the use of the colony's forces, gone, or or to be sent on the expedition against Crown Point; and this act shall be forthwith published, and be in force.


This, and the preceding act, were published according to or- der, the 15th day of August, 1755.


This Assembly do vote and resolve, and it is voted and re- solved, that Thomas Cranston, James Sheffield and Benja- min Nichols, Esqs., or the major part of them, be, and they are hereby appointed and fully empowered to settle with Jah- leel Brenton, Esq., the controversy which hath so long subsist-


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RECORDS OF THE COLONY OF RHODE ISLAND


[17.55.


ed between the colony and the said Jahleel Brenton, in the best manner they can, and receive what shall appear due unto the colony from him, giving a full discharge in the colony's behalf.


This Assembly do vote and resolve, and it is voted and re- solved, that the following vessels shall be, and hereby are stopped from going to sea, until further orders, to wit :


Sloop Hannah, Jonathan Sheldon, master, for Barbadoes, with one hundred and twenty sheep, and one hundred geese.


Sloop Penguin, Job Snell, for Africa, one hundred and twen- ty casks, containing flour, beef, pork and butter.


Sloop Leopard, Edmund Jacklyn, for Barbadoes, two casks of rice, forty barrels of beef and pork, and twenty barrels of flour.


Bark Maggot, John Lance, for Barbadoes, forty barrels of beef and pork, sixty sheep and seven firkins of butter.


Sloop Molly, William Earl, for Jamaica, thirty barrels of flour, eighty sheep, and five barrels of ham.


Sloop Herring, Mathew Cozzens, for Jamaica, forty barrels of flour, twenty sheep, three tons of bread, five hundred weight of cheese, twenty casks of rice, and one hundred geese.


This Assembly do vote and resolve, and it is voted and re- solved, that the general treasurer of this colony, and the keep- er of the office of the grand committee, prosecute all the defi- cient collectors of the rate lately assessed upon the inhabit- ants of this colony, in ten days after this present Assembly shall rise, to one or more special courts, as necessity may re- quire, to be held in the respective counties where the rates are collected; and that all said prosecutors in behalf of the colony, have all the benefits and advantages of the law, that enables the justices of the inferior courts of common pleas to hold spe- cial courts on certain occasions.


Whereas, there are six vessels in the harbor of Newport, cleared out for foreign parts, having provisions on board, as appears by a list exhibited unto this Assembly, by the col- lector,-


This Assembly therefore, do vote and resolve, and it is voted


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and resolved, that the committee of war be, and they are here- by authorized and fully empowered to take and detain, for the use of the government, so much of those provisions as they shall deem necessary to supply the troops by this Assembly ordered to be raised, and then give orders unto the captain of the fort to permit those vessels to go to sea.


Whereas, Jean Joyeux, Hubert Castendel and John Gazan, subjects of the French king, represented unto this Assembly, that they have, for several years last past, resided by times at Newport, whither they came with no other view than to trade with the English, in a friendly manner; that their last coming was purely to settle their affairs, pay the debts they had con- tracted, and then return unto their respective habitations ; but that soon after their arrival, they were confined to their lodg- ings, and remained so ever since, which hath put it out of their power to settle their affairs ; that during their confine- ment, they have preferred two petitions unto the committee of war, begging leave to go abroad, but unto such parts of the town only as their business should necessarily call them ; that the said committee have not yet thought proper to grant the liberty desired ; whereupon, they prayed this Assembly to grant them what they requested of the committee of war; on consideration whereof,-


This Assembly do vote and resolve, and it is voted and re- solved, that the petitioners have twenty days after the rising of this Assembly, allowed them, in order to settle their ac- counts ; that they be, during that time, under the inspection of the committee of war, and then to depart this colony ; and in case they shall not depart before nor at said time, that they be sent away by the committee of war; and that all other sub- jects of the French king, within this colony, depart the same within twenty days, or otherwise be sent away also by the committee of war.


And it is also further voted and resolved, that the collector of His Majesty's customs in Newport, be, and hereby is direct- ed and empowered to oblige every master of a vessel bound to


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RECORDS OF THE COLONY OF RHODE ISLAND [1755.


sea, to carry away as many of said Frenchmen as the commit- tee of war shall think proper, before he clear such vessel out.


The gentlemen that were appointed to inquire into the grounds of the rumor that vessels had sailed laden, and others fitting out from this colony, designed to go among the French with provisions, presented what follows, to wit:


" August 13, 1755.


To the House of Magistrates. Gentlemen :- Whereas, this Assembly is informed by His Honor, the Lieutenant Governor of the Province of the Massachusetts Bay, that it has been re- ported that vessels have sailed, and others were fitting out from this government, designed to go among the French, with provisions ;-


It is therefore resolved, that Immanuel Northup, Edward Scott and Willian Anthony, Jr., Esqs., together with such oth- ers as shall be appointed by the upper house, be a committee to make strict inquiry into the above mentioned affair, and make report to this Assembly as soon as may be.


Voted and passed, per order, JOSIAH LYNDON, CIK."


Read, 14th of August, in the upper house, and concurred, with the addition of John Tillinghast, Esq., of this house.


By order, THOMAS WARD, Secretary.


Report of the Committee.


We, the subscribers, having made strict inquiry into the affair mentioned in the above vote, do report :


That John Lavigne, master of the sloop Ranger, bound to Antigua, one of the vessels that sailed in company with the snow in which the French Marquis em- barked, has made oath, that he had on board only three barrels of pork, one barrel of beef, one barrel of mutton, and three tierces of bread ; that he intended to take on board twelve sheep, and three shoats ; and that he would not lade, or suffer to be laden on board said vessel, for the intended voyage, after clearing out, any other provisions than the above mentioned, as appears by a certificate in the col- lector's office, dated July 12, A. D. 1755, signed by Edward Scott, justice, &c .; and Mr. John Collins, sole owner of said sloop, has, on engagement before us, de-


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clared, that to the best of his knowledge, there were no more provisions on board, than the master had given an account of.


'That Job Easton, master of the sloop Bonetta, cleared out for Antigua, the other vessel that sailed in company with the above mentioned snow, has made oath, that he had no more provisions, nor would take any more on board said vessel than are absolutely necessary for said voyage, as appears by a certificate in the office, aforesaid, dated July 12, 1755, signed by Joseph Sylvester, justice of the peace ; and Messrs. Jonathan Thurston and John Jepson, owners of the said sloop, and Mr. Godfrey Malbone, Jr., who chartered one half of her, have made oath before us, that all the provisions on board said sloop, were three barrels and one half of pork, three barrels and one half of beef, three hogsheads and seven barrels of bread, one hundred and sixty-nine weight of bacon, six sheep, and one half bushel of peas.


That Simon Rhodes, Johu Waite, John Updike, and Jeremiah Wilcox, had cleared out with provisions, being live stock, for Halifax ; all of whom had given bond, pursuant to act of Assembly ; and that said bonds were shown to us by the collector, who assured us that all the masters of vessels cleared out in his office, with more provisions than were necessary for their victualling on the proposed voyage, had given the like bonds ; and that we are of opinion, that the report of ves- sels' having sailed from this port with provisions designed for the French, is abso- lutely without foundation.


JOHN TILLINGHAST, EDWARD SCOTT,


IMMANUEL NORTHUP, WILLIAM ANTHONY, JR.


Newport, 16th August, 1755.


And now this Assembly, having duly examined and consid. ered the foregoing report, --


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


Be it enacted by the General Assembly, and by the authori- ty thereof it is enacted, that in case an escape is made by any prisoner, after bond given to the sheriff, and a suit brought for the benefit of the creditor, pursuant to an act, entitled " An act for the ease of prisoners for debt ;" in all such cases, the dam- ages to be made up by the court whereunto such suit is brought, shall be thirty per cent. upon the principal sum and costs.


Be it enacted by this General Assembly and by the authori- ty thereof it is enacted, that if any of the commissioned offi- cers by this Assembly appointed to go with the three companies ordered to be raised and sent as an additional force against Crown Point, shall die or refuse to take his commission, the committee of war shall, and hereby are authorized and fully


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RECORDS OF THE COLONY OF RHODE ISLAND [1755.


empowered to appoint another or others in his or their stead, that shall happen to die or refuse.


And be it further enacted by the authority aforesaid, that the committee of war be, and hereby is clothed with, and shall have, take and exercise, in the recess of the General Assem- bly, all and singular the power and authority that was given or granted them by the act passed at the last session, for their further continuance ; they being always accountable for their conduct unto future Assemblies.


God save the King.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 8th of September, 1755.


The Hon. Stephen Hopkins, Governor.


The Hon. Jonathan Nichols, Deputy Governor.


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that the company of soldiers raised in this colony, under the command of Capt. John Whiting, tow- ards reinforcing the army, gone against Crown Point, be forth- with embarked and sent to Albany, on board the transport taken up in the government's service, for carrying provisions, &c., to that place ; and that they proceed from Albany to join the army, in the same manner with the company that marched from Providence ; and that the committee of war put on board said sloop, all such deserters as are, or shall be taken up be- fore the departure of said sloop, rendering them unto the care of the said captain, in order to their being carried unto the sev- eral companies to which they belong respectively, and deliv- cred unto the captains of the same.




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