Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 43

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 43


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And it is further voted and resolved, that the committee of


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war be, and they are hereby authorized and fully empowered to draw as much money out of the office of the grand commit- tee, as may be necessary to pay off all the soldiers, and clothe such of them as shall be selected as abovesaid ; that the said committee of war order and direct as much money as will be necessary to replace the bills so taken out of the office, afore- said, to be struck off as soon as possible ; and that said bills, when struck off, be signed by the committee that signed the last bills.


And it is further voted and resolved, that all and every of the said hundred soldiers to be selected, as aforesaid, shall be clothed and appareled suitable for the winter season.


Whereas, His Honor, the Governor, and the other gentlemen that were appointed a committee to take into consideration the matters and things contained in the letter from the lords of trade and plantations, have prepared an answer to said letter, and presented it unto this Assembly ; which being duly con- sidered,-


This Assembly do vote and resolve, and it is voted and re- solved, that the said draught be, and the same is hereby ac- cepted ; and His Honor, the Governor, is requested to fill up the blank in it; and when that is done, to sign and send two copies thereof, to Great Britain, with two profiles of the fort ; two plans of the harbor of Newport, and two copies of the list that contains the number of inhabitants, small arms, &c., in this colony, with letters to the agent, by the two first opportu- nities .*


This Assembly do vote and resolve, and it is voted and re- solved, that Peter Bours, Esq., and Capt. Peter Harrison, be, and they are hereby appointed a committee to prepare a plan of the harbor of Newport, and a profile of Fort George ; that Mr. Bours send the same unto His Honor, the Governor, as soon as possible; together with the returns of the number of the inhabitants, small arms, &c., that shall be sent into the sec-


* There is no copy of this letter in the archives of the secretary of state.


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RECORDS OF THE COLONY OF RHODE ISLAND [1755.


retary's office ; and that they, the said Peter Bours and Peter Harrison, put marks upon such places of the said plan as they may think necessary to be fortified.


This Assembly do vote and resolve, and it is voted and re- solved, that Henry Harris, Esq., Mr. Thomas Steere and Col. Resolved Waterman, be, and they, or the major part of them, are hereby appointed a committee, to run the dividing line be- tween the towns of Scituate and Glocester ; and make report unto the General Assembly, at the charge of said towns.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the masters of all those ap- prentices and servants that enlisted into the service of this colony in the expedition against Crown Point, shall have and receive all the wages that shall be due at the time of their be- ing discharged, for the pay of said servants and apprentices, after a deduction is made for clothes and other things by them received.


An Act for retaining one hundred and eighty-five of the troops raised, and now in the service of this colony, for subsisting, clothing and paying them whilst in His Majesty's service, and for disbanding and paying off the remainder.


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that seventy-two of the forces raised in this colony, for the late expedition against Crown Point, be re- tained in His Majesty's service, at the charge of the colony, until His Majesty's pleasure shall be known, for garrisoning the two forts lately built on the frontiers of the colony of New York. and called Fort Edward, and Fort William Henry.


And be it further enacted by the authority aforesaid, that one hundred men, exclusive of officers, be selected out of the aforesaid troops, and as are fittest for service, and are most wil- ling, be retained and continued in the service of this colony, un- til the General Assembly shall order otherwise : and in case the reduction of any of the encroachments made by the French, at or near Lake Iroquois, commonly called Lake Champlain, be at- tempted during the ensuing winter, the committee of war shall


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have power to clothe such men, fit in all respects for a winter campaign ; and shall advance one month's pay, and shall order them to such place for service as they shall think proper ; and shall appoint proper officers for conducting the said one hun- dred men, formed into one company, out of the officers in the late expedition ; and shall also clothe said officers in a proper manner, and advance one month's pay unto them.


And be it further enacted by the authority aforesaid, that the remainder of said forces be discharged at, or before the last day of this instant December; and said committee of war shall, immediately upon the discharge of said soldiers, pay them their wages ; and also those that shall be retained, as aforesaid ; and in order thereto, and for defraying the other necessary expenses of said expedition, shall cause the sum of £60,000, in bills of public credit, old tenor, to be struck off from the large plates last used ; and to be signed by the committee that signed the last bills, and lodged in the general treasury, to be drawn out as said committee of war may have occasion.


And be it further enacted, that the said sum of £60,000 shall be sunk, one half in one year, and the other half in two years after the same shall be emitted, by public taxes, to be assessed and levied upon the inhabitants of this colony, in the same manner as the former bills emitted for carrying on the expedition, aforesaid, are ordered to be sunk.


And be it further enacted, that the committee of war be, and are hereby empowered to divulge this secret to such of the officers as they shall think proper ; first giving them the oath of secresy.


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, which is hereby appointed to be on the last Monday of February next.


God save the King.


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RECORDS OF THE COLONY OF RHODE ISLAND


[1755.


Public Acts passed during the year 1755.


An Aet in addition to the several acts, regulating the militia in this colony (February.)


An Act exempting a mill proposed to be built on the land of Toleration Harris, in Warwick, from the operation of the laws now in force in this colony concerning mills. (February.)


An Act in addition to an act made and passed Feebruary, 1728, entitled “ An aet relating to the freeing of mulatto and negro slaves." (February.)


An Act in addition to an act in amendment of an act, passed Oetober, 1752, enti- tled " An aet to empower the town councils of the respective towns in the colo- ny, to exchange highways. (February.)


An Aet enabling the collector of rates to follow a person rated in one, to any other town in the colony he shall remove to, without paying his tax in the town where he was rated. (February.)


An Act to prevent fishing with seines in Kickamuit. (February.)


An Act to restrain the sending of provisions and warlike stores to Cape Breton, or any other French port or settlement in North America. (March.)


An Act for laying a further duty upon shipping, for and towards a better support of the light house. (May.)


An Act to prevent any person purchasing and detaining any of the apparel and arms belonging to any soldier enlisted in this colony. (May.)


An Act for naturalizing Christian Mayer, a native of Luxembourg, in Germany. (May.)


An Act altering the times of holding the superior court in the county of Kent, and of the inferior court in King's county. (June.)


An Act for relieving indigent persons at the expense of his, her, or their children. (August.)


An Act in addition to, and in amendment of an aet passed at the June session of the General Assembly, 1743, entitled " An aet for the preventing of counter- feiting the bills of public credit." (October.)


B. Gleasier to Governor Hopkins.


Fort Wm. Henry, January 12, 1756.


Sir :- I herewith send you a further statement of this garrison ; as also the ex- amination of two French deserters, and the reports of our scouts.


You will see by these returns, how healthy your people are; and that they are nearly one-third the effective men in the garrison. Capt. Whiting I have appoint- ed to act at Fort George, and adjutant to the garrison. He behaves extremely well in all his offices, and I think it is the least I can do to inform you of it.


Our garrison is in as good order as can be expected. and the men do their duty with great spirit.


I do not doubt if the monsieurs should think proper to attack us, we should be able to give them a good flogging, though we have not half our number of men. 1


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shall continue to inform you of the state of the garrison monthly, as also of every thing extraordinary that may happen. I am, &c. &c.,


B. GLEASIER.


To the Hon. Stephen Hopkins, Governor of Rhode Island.


Sir Charles Hardy, Governor of New York, to Governor Hopkins.


Fort George, New York, 30th January, 1756.


Sir :- Having lately recommended to the Assembly of this province, to provide for the raising and subsisting one thousand men to act in conjunction with the other colonies, in the proposed attempt upon the French fort at Crown Point, this spring ensuing, agreeably to the opinion of the council of war, lately held in this city, by His Excellency, General Shirley, I have the pleasure to inform you, that they very readily came into the measure ; and I enclose you a copy of their reso- lution upon it, not doubting but the Assembly of your government will cheerfully raise their quota of men for this necessary service, whose resolutions I shall be glad to be informed of, as early as possible.


I am Your Honor's most obedient and humble servant,


CHAS. HARDY.


To Governor Hopkins. .


Governor Shirley to Governor Hopkins.


Boston, February 2d, 1756.


Sir :- I am favored with Your Honor's letter of the 16th of January, informing me that you had laid before the Assembly within your government, the scheme I had communicated to yon, when I had the pleasure of seeing Your Honor, at Albany, for making an attempt, this winter, for the reduction of Crown Point, and their great readiness to join in it upon the terms proposed to them by you.


In answer to this, I am to acquaint Your Honor, that since I left Albany, Sir Charles Hardy and Governor Fitch have laid the scheme for prosecuting the above mentioned expedition upon the terms I last proposed before their respec- tive Assemblies ; and that though neither of those governments objected to their part of the expense, as proposed in the last mentioned terms, I expressed great readiness to join in it ; yet such difficulties in other respects have arisen from both, as renders the prosecution of it impracticable, so that I have been obliged to drop the thoughts of it.


I now enclose Your Honor a copy of some intelligence sent me by express from Albany, which I received yesterday, and seems to demand the attention of all the colonies concerned in the expedition against Crown Point, and to show the neces- sity of their preparing with the utmost despatch and unanimity for prosecuting it in the most effectual manner, the ensuing spring ; which I can't but hope they will.


I can't determine upon the raising of the two American regiments I talked of at Albany, till I hear from England, which I hourly expect. I am, with a most real esteem and regard, sir, Your Honor's most humble and most obedient servant,


W. SHIRLEY.


To the Hon. Stephen Hopkins, Esq.


VOL. V. 60


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RECORDS OF THE COLONY OF RHODE ISLAND [1756.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Monday in February, 1756.


The Hon. Stephen Hopkins, Governor.


The Hon. Jonathan Nichols, Deputy Governor.


Whereas, the gentlemen that were appointed to audit the ac- counts of His Honor, the Governor, as one of the committee of war, presented this Assembly with the following report :


The colony of Rhode Island to Stephen Hopkins, Dr. s. d.


To sundry articles as contained and charged in the paper marked No. 1, settled, and vouchers produced 11,599 18 7


To sundry articles as contained and charged in the paper marked · No. 2, settled, and vouchers produced 15,033 17 8 To sundry articles as contained and charged in the paper marked No. 3, settled, and vouchers produced 2,051 09 7


To sundry articles as contained and charged in the paper marked No. 4, settled, and vouchers produced 2,040 10 2 To sundry articles as contained and charged in the paper marked No. 5, settled, and vouchers produced 11,279 17 2


£42,005 13 2


Creditor.


By cash received from the general treasurer, by the hands of Daniel Jenckes, Esq. 2,000 00 0


By cash received from the general treasurer, for which I gave my own receipts 42,209 00 0


£44,209 00 0


We, the subscribers, being appointed by the General Assembly, to examine and adjust the accounts of Stephen Hopkins, Esq., as he is one of the committee of war for the colony of Rhode Island, have accordingly done the same ; he having pro- duced proper vouchers for the above sum of £42,005 13s. 2d , having charged noth- ing for commissions.


We therefore find be ought to be credited for that sum. in his aecounts with the


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colony ; and as to what sums he hath received of the colony's treasurer, we have no knowledge.


Witness our hands, at Providence, the 20th day of February, 1756.


0. BROWN, JOS. LIPPITT.


N. B. I have now lying by me, of the money last received from the treasury. £1,743 6s.


And this Assembly, having duly considered the said report,-


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


Whereas, the gentlemen that were appointed to audit the accounts of Daniel Jenckes, Esq., one of the committee of war, presented this Assembly with the following report :


The colony of Rhode Island, to Daniel Jenckes, One of the committee of war, Dr.


s. d.


1766. To the foot of' my account, from August 15th, 1755, to February 20th, 1756, examined. £26,910 16 8


Creditor.


1756. By cash received of the general treasurer, as per my receipts at sundry times the 11th August, 1755 £


We, the subscribers, being appointed by the General Assembly, to examine and adjust the account of Daniel Jenckes, Esq., as he is one of the committee of war, for the colony of Rhode Island, have accordingly done the same, he having pro- duced proper vouchers for the above sum of £26,910 16s. 8d., since the 11th of Au- gust, 1755, having charged nothing for commissions.


We therefore find he ought to be credited for that sum in his accounts with the colony ; and as to what sums he hath received of the colony's treasurer, we have no knowledge.


Witness our hands, at Providence, the 20th day of February, 1756.


O. BROWN, JOS. LIPPITT.


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 is hereby accepted.


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RECORDS OF THE COLONY OF RHODE ISLAND [1756.


Report of the Tax Assessment Committee.


Newport, Feb. 13th, 1756.


We, the subscribers, being appointed a committee by the General Assembly to receive of Benjamin Nichols, Esq., the colony's rate that was ordered by act of government, October 1754, do report :


That we have received of Benjamin Nichols, £25,000, old tenor; of which we have burnt £13,792; and the other £11,- 208, we have put into the colony's chest, which hath three locks and keys, which keys we have in possession, said money being new, made in the year 1750.


Burnt. £13,792


In the chest . 11,208


£25,000


JOHN TILLINGHAST,


PETER BOURS,


THOMAS CRANSTON, JAMES SHEFFIELD,


Committee.


And this Assembly, having duly examined and considered the aforesaid report,-


Do vote and resolve, and it is voted and resolved, that said report be, and the same is hereby accepted ; and that the con- mittee, aforesaid, burn the remaining £11,208, above men- tioned.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the towns of the colony pay the officers the charges of numbering the inhabitants, &c., of each respective town ; and that the several accounts be laid before the next town meeting.


Whereas, Messrs. Benjamin Randall and Benjamin Barber, John Weight, Benoni Hall and Thos. Clarke, were appointed by the towns of Westerly and Exeter, to run their dividing line, and having performed that service, made report as followeth :


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Boundary Line between Westerly and Exeter.


Whereas, we, the subscribers, being appointed a committee by the towns of Westerly and Exeter, in order to run and set- tle the line between the said towns, have taken upon us that affair, and begun at Robert Moon's stone wall, something to the south of his house, and took a course according to some bounds which we found, which bear from each other east and west; and we continued an east course till we crossed the east line of Richmond, where we made a stone heap for the north-east corner of said Richmond ; which line from said wall ran about eight rods and fourteen links to the north of Barney Sisson's house ; and then we took a west course from said stone wall, and run until we came some small distance north of Samuel Barber's saw mill, where we made a heap of stones; and then continued a west course, which run about six rods and an half, to the north of the house where Benjamin Potter lives, where we erected a bound ; and then we continued said line to a pitch pine tree, some distance to the northward of the dwelling house of Benjamin Hall, which tree was marked ; and from thence, the same course, to a chesnut tree, marked ; and so to continue a west course, to the colony line; which line, we agree and allow to be the dividing line between the towns of Westerly and Exeter.


As witness our hands, the 13th day of December, A. D. 1753.


BENJAMIN RANDALL, BENONI HALL,


BENJAMIN BARBER, JOHN WEIGHT.


THOMAS CLARKE, Surveyor.


And this Assembly, having duly considered the return, aforesaid,-


Do vote and resolve, and it is voted and resolved, that said return be, and the same is hereby confirmed, and that the line run by the said committees, as mentioned in their aforesaid re-


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[1756.


turn. be, and remain the dividing line between the said towns of Westerly and Exeter.


Whereas, Stephen Richmond, Simon Perry and Benjamin Hall, preferred a petition, and represented unto this Assembly, that whereas, the said Stephen Richmond, Robert Lillibridge and Benjamin Brown, were sometime ago, a committee appoint- ed by the General Assembly, to lay out two highways in Wes- terly, at the expense of said town, one of which, was to be laid from Richmond to Exeter; that at said time the dividing line between the said towns of Westerly and Exeter, was not settled, so that they could not determine where they ought to stop : but as the last course towards Exeter line was north thirty-one degrees and a quarter west, they continued the course to Exeter line, wherever it should be, since the line be- tween Westerly and Exeter has been settled ; and that so far to the northward, that Benjamin Hall, one of the petitioners who owned the land which the highway runs through where the line was settled, did insist that the committee should mea- sure the land taken up by said highway, and set a price upon it ; whereupon, the said Stephen Richmond and Benjamin Brown. went in September, 1754, and taking with them the aforesaid Simon Perry, as surveyor, ran out said highway ; that it was agreed to give the said Benjamin Hall £20, old tenor, for his land ; that a return was drawn and sent to the General Assembly, by Mr. Benjamin Barber, who was a deputy at that time ; but it was casually lost or mislaid, so that the committee have not been paid for their service, nor the said Hall for his land; and prayed, upon the whole, that the town of Westerly may be ordered to pay them their just due; on consideration whereof .-


This Assembly do vote and resolve, and it is voted and re- solved, that the said town of Westerly pay the aforesaid Ben- jamin Hall £20 for his land ; the said Stephen Richmond and Benjamin Brown, €3 cach. for their time and expenses ; the said Simon Perry, for his surveying and expenses, £3 10s .; and ten shillings to Benjamin Randall, Esq., for showing the line.


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This Assembly do vote and resolve, and it is voted and re- solved, that Job Randall, Esq., and Col. Benoni Waterman be, and they are hereby appointed a committee to prepare a bill for regulating mill dams in respect to the passage of fish up the rivers, in this colony ; directing the method of fishing, fix- ing fines, &c., and present the same unto the General Assembly as soon as conveniently may be.


This Assembly do vote and resolve, and it is voted and re- solved, that five hundred men, officers included, be raised in this colony (including those now in pay of the government), for the proposed expedition against Crown Point ; and that His Honor, the Governor, Peter Bours and Daniel Jenckes, Esqs., Capt. Benjamin Wickham, and the King's attorney, be, and they are hereby appointed a committee, to prepare a bill for that purpose, and present the same unto this Asssembly as soon as may be.


This Assembly do vote and resolve, and it is voted and re- solved, that George Brown, Esq., Stephen Haszard, Esq., James Helme, Esq., and Mr. Matthew Robinson, be, and they are here- by appointed a committee to prepare a bill for regulating taxes in this colony, and make report unto the General Assem- bly, as soon as conveniently may be.


This Assembly do vote and resolve, and it is voted and re- solved, that His Honor the Governor, be, and he is hereby re- quested to return the thanks of this colony unto Maj. Gen. John- son, for his good services in defence of the several governments of New England, duringthe late expedition against the French and Indians ; and that His Honor request that gentleman to pay the same compliment in behalf of this colony unto Capt. William Ayre, engineer general, in the expedition, aforesaid.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the marshal of the court of vice admiralty within this colony, shall have the same power and authority to sell goods and merchandise by public vendue in consequence of orders and decrees of said court, as sheriff's have upon executions ; and on non-payment of any sum or sums contracted for by the highest bidder, the said marshal be,


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RECORDS OF THE COLONY OF RHODE ISLAND [1756.


and he is hereby authorized and fully empowered to call a spe- cial court or courts, observing the same rules and orders in prosecution, as are directed by the act that empowers vendue masters of the several towns in this colony to call special courts.


An Act for raising, subsisting and paying five hundred men for the expedition designed to reduce the French forts on Lake Champlain, to the obedience of His Majesty.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that five hundred men, exclusive of commissioned officers, and including the men now in the pay of this colony, be forthwith enlisted into the service of said colony, as its proportion of the army intended for the aforesaid . expedition.


That the said five hundred men be one entire regiment, com- manded and governed by a colonel, a lieutenant colonel and a major; and consist of ten companies, each of which shall be led and conducted by a captain and two lieutenants ; except three of said companies, which shall be under the immediate command of the three field officers, and shall have only two lieutenants to each.


And for encouraging men to enlist into this service, there shall be given to each able bodied man, as a bounty, £25, old tenor, and one good blanket ; and shall bepaid, armed and accou- tred. furnished and subsisted, in the same manner as the troops in the service of this colony last year were; and shall be en- titled to all privileges, benefits and immunities that were then given to this colony's soldiers ; and that all apprentices who shall enlist into this service, shall have the whole bounty, and one half their wages due at their return, and their masters the other half; that the committee of war furnish such officers as shall be appointed, with money for paying the bounty to such soldiers as shall enlist. and shall take care for the subsisting and paying the advance wages to all the soldiers, and provide provisions, warlike and all other stores. necessary for the said five hundred men, and canse them to be carried forward to Al-




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