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 46
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" 1755. Colony of Rhode Island,
To Joshua Babcock, Benj. Nichols and Jer. Lippitt, Dr. To signing £60,000, ordered by act of Assembly, in March, A. D. 1755, at half per cent .; three quarters of which amounts to. £225 To signing £30,000, ordered by act of Assembly, in June, A. D. 1755, at half per cent. 150
To signing £10,000, struck with the small plate, ordered
by the Assembly, in June, 1755, at twenty per cent .. 100 To signing £20,000, ordered by the Assembly, in Au- gust, 1755 100
To signing £60,000, ordered by the Assembly, in Sep- tember, 1755 .. 300
To signing £60,000, ordered by the Assembly, in De- cember, 1755 300
Errors excepted, per £1,175
J. BABCOCK, JER. LIPPITT,
Newport, January 10th, 1755. BENJ. NICHOLS."
And this Assembly, having taken said account into consid- eration, and duly examined it,-
Do vote and resolve, and it is voted and resolved, that the said Jeremiah Lippitt, Joshua Babcock and Benjamin Nichols, Esq., be allowed and paid out of the general treasury, the sum of £1,175, for the services in their account charged against the colony ; it being half per cent., agreeably to law, exclusive of
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1756.]
Col. Updike's service, in signing the bills mentioned in the first article of said account.
An Act for calling in and sinking the bills of credit emitted by this colony, called Crown Point bills; and for supplying the general treasury with money to carry on what the colo- ny hath undertaken, with regard to the expedition against Crown Point.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the bills made for the Crown Point expedition, called Crown Point bills, be forthwith called in and sunk ; and the general treasurer is hereby ordered and directed, upon the possessors of said bills bringing into the gen- eral treasury any of them, amounting to the sum of £6 and upwards, to satisfy and pay such possessors out of the ster- ling money, by His Majesty granted to this colony (when the same shall be received), two-third parts of said bills, at and after the following rate or proportion, to wit :
A milled dollar, or gold, according to its proportionate value, for every £4, old tenor, expressed on the back of said bills ; the remaining third part of the bills due to such possessor, the general treasurer shall give his promissory note for the pay- ment of in silver and gold, according to its value ; regulated and stated, as aforesaid, on or before the 22d day of Decem- ber, in the year of our Lord 1757, under the following manner, to wit :
The possessor hereof, is entitled to, and shall receive out of the general treasury -, Spanish milled dollars, or gold, according to its proportionate value, on or before the 22d day of December, A. D. 1757 ; the same being for value received. As witness my hand, this - day of -, A. D. 1756.
And be it further enacted by the authority aforesaid, that there be a rate of £4,000, lawful money, assessed and levied on the inhabitants of this colony ; and the same to be burnt.
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RECORDS OF THE COLONY OF RHODE ISLAND [1756.
And also a rate on said inhabitants of the sum of £53,000, old tenor, for supplying the general treasury ; and the same to be assessed, levied and collected on or before the last day of Februa- ry next ; and that the act passed by this Assembly, at their last session, for assessing and levying a rate of £100,000, upon the the inhabitants of this colony. be, and the same is hereby re- pealed.
And be it further enacted by the authority aforesaid, that the committee of war, or the general treasurer, hire the suni of £50,000, old tenor, for the use of the colony, from time to time, as occasion may require, not giving a larger interest than six per cent., and ascertaining the value of the sum hired ; which sum shall be paid to the persons of whom the same is hired, out of the £53,000, when received by the gen- eral treasury.
And it is further enacted by the authority aforesaid, that in case money cannot be hired of private persons, upon equitable terms, within twenty days after the giving public notice, that the committee of war be authorized, and hereby are fully em- powered, to cause £4,000 of lawful money to be impressed, all of the same tenor with the lawful money already made, with the addition of the time of its being made ; and said bills, when struck off, shall be signed by the committee that signed the former bills, and put into the general treasury, for the colo- ny's use, and be sunk by a rate or tax, within two years.
An Act to prevent the currency of the bills of public credit emitted by the Province of New Hampshire.
Whereas, great quantities of bills of public credit, emitted by the Province of New Hampshire, have been lately brought into this colony, not only from said Province, but also from the colony of Connecticut, which, with great sums of counterfeit bills in imitation of the true bills of public credit emitted by said Province, inadvertently received by the inhabitants of this colony, have not only had a great tendency towards the depre-
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ciation of our own bills of public credit, but the inhabitants of this colony have also been greatly defrauded thereby ; for rem- edy whereof, for the future,-
Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that for the future, the bills of public credit of the said Province of New Hampshire, shall not be a tender in law, in any payment, whatsoever ; and all contracts and bargains, of what nature or kind, whatsoever, which here- after shall be made for the payment of such bills, shall be ut- terly void ; and that from and after the 1st day of August next, if any person or persons shall pass, or receive in payment, any of said bills, he, she, or they so offending, shall forfeit and pay the sum of £500, old tenor; to be recovered in any court of record, within the county where such offence shall be committed, by bill, plaint or information ; one half, to and for the use of the colony, and the other half, unto him, her, or them, that shall inform and sue for the same.
Provided, nevertheless, that this act, or any thing herein contained, shall not extend, nor be deemed or construed to ex- tend to such New Hampshire bills as have been levied upon execution by any of the sheriff's or their deputies, and are now actually in his, or their hands ; but the same shall be received by the person or persons for whose use they were levied, if tendered to him, her, or them, by such officer, within twenty days after the publication of this act.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that all the acts heretofore made and passed by the General Assembly of this colony, to prohibit the sending of provisions and warlike stores, be, and they, and every of them, are hereby repealed, and made utterly void and of none effect, excepting those parts of said acts which prohibit the exporting provisions and warlike stores to the West In- dia neutral islands ; and provided, that the paragraphs of the acts, above mentioned, that prohibit the sending provisions and warlike stores among the French, be not repealed.
Whereas, His Excellency, the Earl of Loudoun, general and commander in chief of all His Majesty's forces in North
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RECORDS OF THE COLONY OF RHODE ISLAND [1756.
America, hath, by his letter of the 20th of this instant August, informed this government that His Majesty's fort and garrison at Oswego, together with the naval armament and stores there, have fallen into the hands of the French,-
This Assembly, therefore, do vote and resolve, and it is voted and resolved, that His Honor, the Governor, be, and he is hereby requested to send one suitable person to the Province of the Massachusetts Bay, and another to the colony of Connec- ticut, to confer with them, as to what is necessary to be done . upon this extraordinary event ; and that the committee of war, the field officers of every regiment in this colony, and the dep- uties of each town, be, and they are hereby appointed a com- mittee to make inquiry where provisions, arms, blankets, war- like and other stores of all sorts can be had for five hundred men ; and make report unto this Assembly at their next session.
God save the King.
Lord Loudoun to Governor Hopkins.
Albany, 20th August, 1756.
Sir :- As, by accounts I received last night, His Majesty's fort and garrison at Oswego, together with the naval armament and stores, have, by a series of bad cir- cumstances, fallen into the hands of the French ; and as, from the condition and number of the troops left to me, when I came to my command, I can scarce hope to do more than to resist the French power in that quarter, I must earnestly recom- mend to you to consider without delay, how far the provincials now in arms, are exposed to the weight of the French, in the parts towards Crown Point, and the dangerous events of any accident happening to them in consequence of these cir- circumstances, and what forces you can immediately send to reinforce them, as it seems absolutely necessary to do, for the security and safety of the country.
Therefore, in consequence of the powers given to me, by His Majesty's commis- sion under the great seal, and of his orders signified to you, by his secretary of state, I do demand of you an aid of as considerable a body of men, with arms, as you can send, to be raised in companies, and sent off as fast as raised ; and also a number of carriages, or ox teams, wherewith I may be able to transport provisions, as this province alone is not able to supply all.
I am with great truth and regard, sır,
Your most humble servant, LOUDOUN.
To the Hon. Stephen Hopkins, Esq.
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 6th of September, 1756.
The Hon. Stephen Hopkins, Governor. The Hon. Jonathan Nichols, Deputy Governor.
Whereas, the following account was exhibited unto this As- sembly, by James Sheffield, Esq., one of the committee ap- pointed to build the fort on Goat Island, in the township of Newport,-
Colony of Rhode Island, Dr.
1755.
£ s. d.
To sundry disbursements for Fort George, as per account showed the audit .. 156 4 9 To ditto on the outworks, as per account showed ditto 2,847 4 8₺
£3,003 9 5}
Per Contra, Cr.
By cash received of the general treasurer at sundry times . 2,113 2 5
By 500 bricks, sold to Nicholas Easton, Esq. 4 " balance due to J. S. 886 7 03
E. E., per JAMES SHEFFIELD. £3,003 9 5}
And the said account being duly examined,-
This Assembly do vote and resolve, and it is voted and re- solved, that the same be, and it is hereby allowed ; and that the above balance of £886 7s. 3d., be paid the said James Sheffield, out of the general treasury.
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RECORDS OF THE COLONY OF RHODE ISLAND [1756.
Whereas, there hath been laid before this Assembly, the draught of a receipt, to be given by His Honor, the Governor, when he shall receive the money granted this colony by the Parliament of Great Britain, which being duly examined and considered,-
This Assembly do vote and resolve, and it is voted and re- solved, that the said draught be, and the same is hereby ap- proved ; and that the secretary affix the seal of the colony to fair copies of it, to be signed by His Honor, the Governor.
This Assembly do vote and resolve, and it is voted and re- solved, that the mathematical instrument now in the colony house, and which was procured by Capt. Joseph Harrison, for the use of the colony, be lodged in the Redwood Library ; but so, nevertheless, that the property thereof, shall stand and re- main vested in the colony.
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 accept the bills of exchange drawn on him by Rich- ard Partridge, Esq., the colony's agent, in favor of Gideon Wanton, Esq.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the directors of the lottery set up to raise a sum of money, for carrying on the building of Fort George, shall be, and hereby are indemnified from all damages that may accrue to them by fire, from the enemy, by receiving counterfeit bills, or any other extraordinary casualty ; the same being made to appear by the oath of the person that shall sustain damage.
This Assembly do vote and resolve, and it is voted and re- solved, that Nicholas Easton, Thomas Haszard and John Dex- ter, Esqs., Mr. Nicholas Brown and Caleb Greene, Esqs., be, and they are hereby appointed a committee, to prepare a bill for regulating rates and taxes, and make report unto this Assem- bly, as soon as conveniently may be.
This Assembly do vote and resolve, and it is voted and re- solved, that James Honeyman and Jeremiah Lippitt, Esqs., Mr. Samuel Ward and Maj. Thomas Greene, be, and they are here-
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by appointed a committee to prepare a bill directing in what manner the subjects of the French king, that now are, or here- after may be prisoners in this colony, shall be treated ; and also prohibiting the carrying on any trade with the subjects of the French King.
Whereas, Jeremiah Lippitt, Benjamin Nichols and Joshua Babcock, Esqs., exhibited unto this Assembly an account by them charged against the colony, for signing £8,000 lawful money, ordered to be made by the General Assembly, at their session, held in South Kingstown, on the last Monday of Feb- ruary last, which being duly examined,-
This Assembly do vote and resolve, and it is voted and re- solved, that said account be, and the same is hereby allowed ; and that £40, lawful money, the amount thereof, be paid the said Jeremiah Lippitt, Benjamin Nichols and Joshua Babcock, out of the general treasury.
This Assembly do vote and resolve, and it is voted and re- solved, that Peter Bours, Esq., George Brown, Esq., and Mr Samuel Ward, be, and they are hereby appointed a committee to draw up an address to His Excellency the Earl of Loudoun, and present the same unto this Assembly.
This Assembly do vote and resolve, and it is voted and re- solved, that the sheriff of the county of Providence, be, and he is hereby, directed to pay the rate that was assessed on the es- tate of Samuel Bartlett, late of Cumberland, deceased (which estate, the said Samuel, in his life, forfeited to the colony), out of the money that accrued to the colony from the sale of said estate.
This Assembly do vote and resolve, and it is voted and re- solved, that Edward Scott, Peter Bours and Thomas Ward, Esqs., be, and they are hereby appointed a committee to revise all the public laws of this colony, which have been made and passed since the time that they were last printed ; and that they, the committee, procure five hundred copies to be printed ; and get the same stitched in covers of marble paper, at the colony's charge.
This Assembly do vote and resolve, and it is voted and re- VOL. V. 65
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RECORDS OF THE COLONY OF RHODE ISLAND [1756.
solved, that the captain of the fort, be, and he is hereby di- rected to fire minute guns at the funeral of His Honor, the Deputy Governor ; and that the four-pound guns be used on that occasion, but not oftener than twenty times.
Whereas, by the death of the late Hon. Jonathan Nichols, Esq., the second seat in the government is become vacant, and other vacancies have happened since the last session of this Assembly ; whereupon, both houses resolved into a grand committee, and chose the following officers, to wit :
The Hon. John Gardner, Esq., for the remaining part of the current year ; who soon after appeared, and in the presence of the General Assembly, took the engagement by law pro- vided.
His Honor, the Deputy Governor, was also chosen one or the committee of war, in the room of the late Mr. Nichols.
Whereas, the works that have been begun and carried on at Fort George, for the defence and security of the colony, re- main still unfinished, and it is thought absolutely necessary that said works should continue still to be carried on further, in order to their being rendered complete, as well as to secure and prevent what is already done, from falling into ruin, --
This Assembly, therefore, do vote and resolve, and it is voted and resolved, that Capt. William Mumford and Lieut. Caleb Carr, be and they are hereby, empowered to procure (as soon as may be), all such materials as shall be found necessary for the carrying on said work ; and also to employ such a number of workmen thereon as shall be necessary for the same ; that the charges thercon accruing, be paid out of the lottery intended for that purpose ; and that said captain and lieutenant perform said services, without any expense or charge unto the govern- ment, for their own trouble.
An Act for raising, subsisting and paying a company of sixty men, as a reinforcement to the provincial army.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that one company of sixty men, including officers, be forthwith raised in this colony, as a rein-
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forcement to the provincial army gone, this year, in the expe- dition against Crown Point ; that as soon as said company is raised, they be sent unto His Excellency the Earl of Loudoun, under the command of the following officers, who are chosen, to wit :
Joseph Windsor, captain; John Power, Jr., first, and Benja- min Butler, second lieutenants.
And be it further enacted, that if any of said officers refuse to take the command hereby assigned him or them, the com- mittee of war shall, and hereby is directed and fully empow- ered to appoint another or other in the place or places of him or them that shall so refuse.
And be it further enacted, that if the said company shall not be filled by enlistment before or upon the 25th day of this instant September, the committee of war be, and is hereby, au- thorized and fully empowered to issue and give orders for raising the number of men that shall be wanted to complete the said company; which shall be done in such manner as they, the committee of war, shall think most proper.
And be it further enacted, that all and every the officers and soldiers that shall go in the present service, shall be entitled to have and enjoy the same wages, bounty and immunities, which the officers and soldiers last raised in this colony were or are entitled to.
And be it further enacted, that the committee of war pro- vide all necessaries for said company, as heretofore ; and that, for defraying the charges thereof, the general treasurer, or the committee of war, is hereby directed and fully empowered to hire the sum of ££20,000, old tenor, upon the credit of the colony, giving no more than ten per cent. interest ; and in case the said sum of £20,000 cannot be hired, as aforesaid, that the committee of war direct and order the sum of £2,000 lawful money to be struck off and signed by the committee who signed the last bills ; which shall be redeemed and sunk in two years, according to act of Parliament, by a rate or tax, to be assessed and levied on the inhabitants of this colony.
And it is further enacted, that His Honor, the Governor, be,
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RECORDS OF THE COLONY OF RHODE ISLAND [1756.
and he hereby is, requested to commissionate the officers that are, or shall be, appointed to the command of said company.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that His Honor the Governor, and Martin Howard, Jr., Esq., be, and they are hereby appointed a committee, and fully empowered to wait on His Excellency the Earl of Loudoun, general and commander in chief of all His Majesty's forces in North America, and congratulate him upon his safe arrival in North America ; that they lay be- fore His Excellency, the state of this colony, in all its circum- stances, (with which His Honor the Governor, is intimately ac- quainted), and request His Lordship's assistance in such mat- ters as concern this colony, according to the instructions given them by this Assembly.
An Act for prohibiting all trade and commerce with the French.
Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the collector of His Majesty's customs of this colony, and also the naval officer, be, and they are hereby, restricted to clear out any vessel for parts beyond sea, until the master of such vessel shall have made oath or affir- mation before the naval officer, that he will not, directly or in- directly, go with his vessel to any port or place, subject to, or within the dominions of the French king, unless forced thereto, by an enemy, or other unavoidable misfortune; which oath, or affirmation, shall be certified by the naval officer, on every clearance that shall be given for such vessel ; and if any per- son violate his oath or affirmation, made as aforesaid, he shall, upon conviction thereof, before any court of record in the colony, forfeit all and singular his estate, both real and per- sonal,-one half to the person or persons who shall inform and suc for the same, and the remainder to and for the colo- ny's use ; and such offender shall also suffer all the pains and penalties of perjury, as he should or ought if the said oath or affirmation had been made in a court of record.
And be it further enacted by the authority aforesaid, that if
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at any time hereafter, a vessel shall go with, or without, a clear- ance, as obtained aforesaid, unto any port or place, subject to or within the dominions of the French king, such vessel, together with her cargo, upon her return to, or arrival at Newport, or any other port or place within this colony, shall be forfeited ;- one half to, and for the use of the colony, and the remainder to him or them that shall inform and prosecute for the same, in any court of record within the colony.
And for rendering this act still more fully effectual,-
It is further enacted, that all judges, justices, sheriffs and other ministers of the law, whatsoever, in this colony, be, and they are hereby directed and required to use their utmost en- deavors to discover and bring to justice all and every the of- fenders that shall be guilty of the breach of this act.
And be it further enacted, that when any person or persons shall complain to, or inform any of the authorities, aforesaid, that he or they have just cause to suspect that a person who has returned to Newport or any other place or port within this colony, from parts beyond sea, hath violated this act; if such officer shall neglect or refuse to issue his warrant against the party so returned, for the seizing his vessel and cargo, un- til a trial shall be had thercon, he shall forfeit the sum of £1,000, to and for the colony's use, to be recovered by bill, plaint or information, in any court of record within the colony, and forever thereafter be rendered incapable of sustaining any post or office therein ; and the officer to whom such warrant is directed, if he refuse or neglect to execute the same, immedi- ately upon receipt thereof, shall be liable to the same penalties, to be recovered in manner aforesaid.
This Assembly do vote and resolve, and it is voted and re- solved, that James Honeyman, Peter Bours and George Brown, Esqs., be, and they are hereby appointed a committee to con- sider of an allowance to be made the judges of the superior court of judicature, court of assize and general jail delivery, for their sitting at the trial of criminals, and make report unto this Assembly at their next session.
An it is further voted and resolved, that what shall be al-
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RECORDS OF THE COLONY OF RHODE ISLAND
[1756.
lowed at the next session of Assembly, the said judges shall re- ceive the like allowance for all criminal cases that shall be tried before that time.
This Assembly do vote and resolve, and it is voted and re- solved, that all officers that have received money for the colo- ny's use, shall, when they render the same into the treasury, pay all the Crown Point bills that they received amongst said money, and had in their hands at the time of passing the act for sinking said bills, with the money granted to the colony for His Majesty ; and also all such bills as they shall hereafter receive, and that they do the same on oath or solemn affir- mation.
Whereas, John Tirril, a subject to the French king, now con- fined in His Majesty's jail, in Newport, preferred a petition un- to this Assembly, setting forth, that although he is a French- man by birth, yet he was educated and continues to be a Pro- testant, having lived more than five years among the English ; that at present he hath not wherewithal to support himself, and therefore prayed liberty to sail out of this place for a liveli- hood, as he hath done for the two last years, or at least grant him an allowance sufficient for his subsistence ; on considera- tion whereof,-
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