Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 49

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 49


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And be it further enacted by the authority aforesaid, that all the companies of each town meet in one convenient place, to be appointed by the field officers, or one of them ; and that the town council attend the muster in each town, and ascertain the number each company shall furnish, agreeably to their re- spective lists, towards their town's proportion, as stated by this act ; and that it shall be determined by a plurality of voices in each company, whether its proportion of men be taken by im- press or by lot ; and if an impress be determined, the captain or the other chief officer that shall preside, shall forthwith im- press the number required ; but if it be determined they shall be taken by lot, every person's name, in the list of the compa- ny, shall be written on a scroll of paper, which being rolled up, shall be put into a hat or box ; and the number required, shall be fairly drawn out; and those so impressed or drawn, shall be the men to go in this service, and be entitled to the same bounty and wages as those that voluntarily enlist.


And be it further enacted by the authority aforosaid, that


537


AND PROVIDENCE PLANTATIONS.


1756.]


the field officers or the major part of them, or in their absence, the town council, be, and they are hereby, empowered to ex- cuse any person that shall be impressed or taken by lot, who is really unfit for duty, or hath any other reasonable excuse ; and that if more than one of any one family, shall be impressed or taken by lot, the first impressed or taken by lot, shall be retained, and the other dismissed ; and the field officers, or the major part of them, shall order another or others to be im- pressed or taken by lot, in the room of him or them that shall be so excused; and that where any shall pay the fine or de- sert, the company out of which such person was taken, shall be ordered by the field officers to furnish another or others in his or their stead.


And be it further enacted by the authority aforesaid, that if any field or other commissioned officer, shall neglect to do his duty either in calling the company together, or in procur- ing the number of men he is ordered to procure, he shall for- feit and pay, as a fine, the sum of £1,000, old tenor, to the use of the town in which he resides, to be levied by distraint of his goods and chattels, as is usual in such cases, by the sheriff or one of his deputies, by a warrant from the Governor, Deputy Governor, one of the assistants, or judges of the superior or in- .


ferior courts.


And that if any person who shall be appointed by the com- missioned officers, to warn in the several companies, shall neg- lect doing his duty, he shall forfeit and pay as a fine, the sum of £500, old tenor, to and for the use of the town in which he resides, to be recovered in manner, as above said.


And that if any person, being duly warned, shall not make his appearance, he shall forfeit and pay as a fine, the sum of £100, old tenor, which shall be divided among the soldiers of the company to which the offender belongs, who shall volun- tarily enlist and go in the service.


And that any person, who being impressed, or taken by lot out of any of the companies, shall absent himself, or refuse to serve in person, or shall not procure an able bodied man, to serve in his room, shall forfeit and pay, as a fine, the sum of von. V. 68


.


538


RECORDS OF THE COLONY OF RHODE ISLAND [1756.


£100, which shall be immediately levied by a warrant of dis- tress on his estate, as aforesaid; and shall also be divided among the soldiers of the company, who shall voluntarily enlist and go in the service ; but if the estate of the offender cannot be found, he shall be apprehended as soon as may be, and sent up to the army, and there be placed in the room of an invalid of those already at the forts.


· And to prevent the inconveniencies which may arise by any of the officers' not having taken their commissions,-


Be it enacted by the authority aforesaid, that in case the captains of any of the companies, or other of the commissioned officers, have not taken, or shall not take their commissions timely, the field officers may, and hereby are directed and re- quired, to call such company or companies together, and to do the duty in every respect which ought to have been done by said captains or other commissioned officers.


And for encouragement to all persons to enlist in the de- fence of their country,-


Be it enacted by the authority aforesaid, that every able bodied man, who will enlist, shall receive as a bounty, the sum of £4 10s., lawful money, on his enlistment, and thirty shil- lings, lawful money, wages per month, during his service ; and every person who shall enlist, or be impressed or taken by lot, and goes in this service, shall be exempt from all arrests while he continues therein, except for some criminal offence.


And be it further enacted by the authority aforesaid, that the commissioned officers furnish each man that goes from their company, and into the service, with a good blanket ; and in case a sufficient number cannot be procured by purchase, the deficiency shall be made up by an impress ; and the owners shall be allowed and paid by the committee of war, fifteen shil- lings, lawful money, for every such blanket purchased or im- pressed.


And be it further enacted by the authority aforesaid, that the committee of war furnish the officers in each town, with as much money as shall be necessary, to pay the bounties to the several men required of said town ; and also furnish money,


539


AND PROVIDENCE PLANTATIONS.


1756.]


kettles, powder and balls, together with all other necessary stores for their march ; and also provide cloth and materials for tents, and send the same with the soldiers, to be made up into tents if wanted ; or otherwise to be sold or sent back ; and that the committee of war be also empowered to appoint officers in the room of those who may refuse to accept.


Protest.


We protest against the within act, for the following rea- sons, viz. :


1. To the method of raising the men, namely, by draught- ing or impressing, because unequal and confined to a particular set of men.


2. To the exemptions made, because those therein except- ed, ought, in our opinions, to stand the same chance with others ; and more especially as it behoves them to do it for example's sake.


JOS. WANTON, JR., WM. EARL.


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 put a stop, until further orders from this Assembly, to the removal of a number of arms, which they, the Assembly, have been informed, are in the town of Newport ; one, whereof, hath been shown them, as a sample.


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 send expresses to every colonel in the colony, and with each of those expresses a copy of the act for raising a regiment of four hundred men, to go as a reinforcement unto the troops raised by this colony, and already sent in the expe -. dition against Crown Point; and His Honor is further request- ed to insert the purport of said act in his warrant.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the wages of all the soldiers,


540


RECORDS OF THE COLONY OF RHODE ISLAND


[1756


now in the service of this colony, be altered and augmented, that is to say : each soldier, instead of £16, old tenor, shall be paid the sum of thirty shillings, lawful money, per month.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the superior court of judica- ture, court of assize and general jail delivery, which by law was to have been begun and holden at East Greenwich, within and for the county of Kent, on the third Tuesday of this in- stant October, be, and the same is hereby adjourned to the first Tuesday in November next; whereof, all parties con- cerned, are to take notice, and govern themselves accordingly.


This Assembly do vote and resolve, and it is voted and re- solved, that the committee of war, be, and they are hereby au- thorized and fully empowered to purchase those guns that His Honor the Governor, hath detained, agreeably to the request made him by this Assembly for that purpose ; and if there be not a sufficient number of said guns, that the committee purchase, upon the best terms they can, the number that shall be wanted, to equip the troops by this Assembly ordered to be raised ; and in case said committee cannot purchase a sufficient number, that then they be, and hereby are, authorized and fully empowered to impress so many as will answer, to supply the deficiency.


Both houses being resolved into a grand committee, chose the following officers to command the regiment by this Assem- bly ordered to be raised :


His Honor the Governor, colonel.


Benjamin Wickham, Esq., lieutenant colonel.


Joseph Champlin, Esq., major.


Caleb Harker, Esq., adjutant.


Joseph Belcher, captain of the fourth company.


Wn. Richmond, Jr., “


fifth 66 Joseph Winsor, 66 sixth 66


Joseph Coggeshall, "


seventh "


James Angel, first, and Isaac Olney, second lieutenant of the colonel's company.


541


AND PROVIDENCE PLANTATIONS.


1756.]


Augustus Johnston, first, and Benjamin Thayer, second lieu- tenant of the lieutenant colonel's company.


John Taylor, of South Kingstown, first, and Henry Shear- man, second lieutenant of the major's company.


Benjamin Dunham, first, and Josias Rogers, second lieuten- ant of Capt. Belcher's company.


Wm. Gardner, Jr., first, and Jeremiah Briggs, second lieu- tenant of Capt. Richmond's company.


Stephen Arnold, first, and Benjamin Butler, second lieuten- ant of Capt. Windsor's company.


Moses Warren, first, and Thomas Rathbune, 3d, second lieu- tenant of Capt. Coggeshall's company.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the officers of the regiment to be raised, in consequence of the act of this Assembly, passed for that purpose, shall have and receive monthly wages, in lawful money, as followeth :


The colonel, £15; the lieutenant colonel, £11 5s .; the ma- jor, £9 15s .; and the wages of the commissioned officers and adjutant, shall be the same in this, as in the regiment now in the field ; and six shillings, lawful money, shall be added to the wages of all the subaltern officers.


Whereas, the General Assembly, at two of their late sessions, ordered the sum of £6,000, lawful money, in bills of public credit, to be struck off, to defray the charges of the expedition against Crown Point; £2,000, whereof, and no more, hath yet been struck off,-


Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that the remaining £4,000 be immediately struck off, for the purpose, aforesaid.


Whereas, Benjamin Wickham, Esq., who was appointed one of the directors of the lottery, for raising a sum of money towards building the fort, hath been chosen lieutenant colonel of the regiment to be raised and sent as a reinforcement, &c. :


This Assembly, therefore, do choose and appoint Mr. Henry Ward, and he hereby is chosen and appointed a director of said lottery, in said Mr. Wickham's room ; he, the said Henry


542


RECORDS OF THE COLONY OF RHODE ISLAND [1756.


Ward, giving such a bond for his faithful discharge of the trust committed to him, as is required of the other directors.


Whereas, Thursday next hath been appointed for the as- sembling of all the companies, or trained bands in the colony, in order to the enlistment of soldiers, for the regiment now or- dered to be raised, and no provision hath been made in case of foul weather,-


Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that if said day shall hap- pen to be a rainy day, that the companies meet on the next day, being Friday ; and if Friday prove a rainy day, also, that then the same be deferred until the Monday following.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the assistant and deputies in the county of Kent, be, and they are hereby authorized and fully empowered, to choose and appoint a captain ; and also the first and second lieutenants, for the eighth company of the regiment to be raised in this colony, as a reinforcement to the army gone against Crown Point.


This Assembly do vote and resolve, and it is voted and re- solved, that the secretary, on the 18th day of this instant Oc- tober, publish, in the town of Newport, by beat of drum, all the acts and orders made and passed at this session ; and send a copy of the same to each town clerk in the colony, within three days after the rising of this Assembly, which is hereby ad- journed, without day.


God save the King.


543


AND PROVIDENCE PLANTATIONS.


1756.]


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, the last Wednesday in October, 1756.


The Hon. Stephen Hopkins, Governor. The Hon. John Gardner, Deputy Governor.


This Assembly do vote and resolve, and it is voted and re- solved, that Joseph Nichols, Esq., Col. Benoni Waterman, Peter Bours, Latham Clarke, Job Randall and Thomas Greene, Esqs., be, and they are hereby appointed a committee, to draw a bill to prevent the further depreciation of the currency of this colony, and present the same unto this Assembly at their present session.


This Assembly do vote and resolve, and it is voted and re- . solved, that Benjamin Wickham, George Brown, Othniel Gor- ton, Jeremiah Niles and Nathaniel Fales, Esqs., be, and they are hereby appointed a committee, to proportion unto the sev- eral counties in this colony, the rate ordered to be assessed and levied on the-inhabitants by the General Assembly, at their session holden in Newport, the fourth Monday in August last, and make report unto this Assembly, before their rising.


Whereas, John Hull, of Jamestown, in the county of New- port, merchant, preferred a petition, and represented unto this Assembly, that there is a ferry set up at the Long Wharf, in the town of Newport, which hath no mate boat ; and thereupon prayed the liberty of setting up a ferry on the east side of Jamestown, aforesaid, for the transportation of men, women, creatures and every thing else, from his wharf, in said James- town, to Newport ; on consideration whereof,-


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that the prayer of the said John Hull, in his aforesaid petition made, be, and the same is hereby


544


RECORDS OF THE COLONY OF RHODE ISLAND


[1756


granted ; provided, he will set up said ferry upon the same terms as are granted to Thomas Haszard, for setting up a ferry from the Long Wharf, aforesaid.


This Assembly do vote and resolve, and it is voted and re- solved, that all the soldiers enlisted at Fort George, excepting four, be discharged by the captain of the fort, as soon as he can do the same conveniently ; and the said captain is hereby directed to remove all the powder he has in said fort, save four barrels, and place the same in the magazine of the town of Newport.


This Assembly do vote and resolve, and it is voted and re- solved, that the regiment of four hundred men, lately raised by this colony, in order to reinforce the army, gone against Crown Point, do not march until His Honor the Governor, by advice of the committee of war, shall give further orders ; and His Honor the Governor is hereby requested to send an express with the utmost despatch, unto His Excellency the Earl of Loudoun, in- forming him what this government hath done with regard to raising men ; and that this Assembly being informed that the small pox is rife at Albany, it is apprehended that the march- ing said regiment at this juncture, will be attended with the utmost danger ; and therefore desire to know what His Excel- lency thinks best to be done respecting the same; and that said letter be laid before this Assembly.


Whereas, a majority of the committee that was appointed in the former part of this session of Assembly to proportion unto the several counties the rate or tax, ordered in August last, to be assessed and levied on the inhabitants of this colony, having performed that service, presented this Assembly with the fol- lowing report, endorsed on a copy of the vote, whereby they were appointed to that service :


" We, the subscribers, being appointed a committee, by the General Assembly, as appears by the within vote, to proportion the rate now to be assessed on the inhabitants of this colony, have agreed on the following proportions, viz. :


545


AND PROVIDENCE PLANTATIONS.


1756.]


Old tenor.


Lawful money. £ s.


S.


Newport


20,304 12.


1,532 9


Providence


12,525 10


945 7


Kings


12,275 10 926 6


Bristol


2,602 10


196 9


Kent


5,291 18


399 9


£53,000 00


£4,000 0


BENJ. WICKHAM, NATHANIEL BATES,


JER. NILES,


OTHNIEL GORTON."


And now, this Assembly having taken the said report into consideration,-


Do vote and resolve, and it is voted and resolved, that the same be, and is hereby accepted in every respect, save that the sum taken off from the county of Kings county, shall be divided between the counties of Providence and Kent, in pro- portion to the rates to be assessed on the two counties last mentioned.


God save the King.


Lord Loudoun to Governor Hopkins.


Fort Edward, October 30th, 1756.


Sir :- I this moment had the favor of yours of October 23d, with an account of the quotas your government had voted, for the assistance of the troops at Lake George.


As the different governments, who had voted men, on the 20th August, delayed so long in coming to a resolution, and then appointed them to be raised in a shape that it was impossible for them to arrive in time here, to be of use, I immediately wrote to them, to prevent their marching, as that could have no effect, but putting the colonies to expense, I must likewise beg, that you will stop your people like- wise from marching.


I find the express is just setting out, which obliges me to cut this short ; but can- not end, before I beg you will return my hearty thanks to your Assembly, as I do sincerely to you.


I am, with great regard, sir, Your most obedient humble servant, LOUDOUN.


To Governor Hopkins.


VOL. V.


69


546


RECORDS OF THE COLONY OF RHODE ISLAND


| 1756.


Order from the King, to Governor of Rhode Island.


Whitehall, October 9th 1756.


Gentlemen :- It having been represented to His Majesty, that the several islands and colonies, belonging to the French, in America, have, in times of war, been frequently supplied with provisions of various kinds, by means of the trade carried on from His Majesty's islands and colonies, to the colonies and settlements belonging to the Dutch, and other neutral powers ; it is His Majesty's pleasure, that you do, forthiwith, upon the receipt of this order, give immediate directions that an embargo be laid, during His Majesty's pleasure, upon all ships and vessels clearing out with provisions, from any port or place within your government, ex- cept those which shall be employed in carrying provisions to any other of His Maj- esty's colonies and plantations ; which ships or vessels are to be allowed to sail from time to time, provided, that the masters or owners do, before they are permitted to take any provisions on board, enter into bonds (with two sureties, of known residence there, and ability to answer the penalty,) with the chief officers of the customs of the ports or places from whence such ships or vessels shall set sail, to the value of £1,000, if the ship be of less burthen than one hundred tons, and ofthe sum of £2,000, ifabove that burthen, that the cargoof such ships or vessels, the particulars of which are to be expressed in the bond, shall not be landed in any other ports or places than such as belong to His Majesty, or are in possession of His Majesty's subjects ; and that they will, within twelve months after the date thereof, the danger of the seas excepted, produce certificates, under the hands and seals of the principal officers of the cus- toms, at such ports or places for which such ships or vessels cleared out, that the said cargoes, (expressing the particulars thereof,) have actually been landed there. And when there shall be cause to suspect that such certificates are false and coun- terfeit, you shall take especial care that such security be not cancelled or vacated, until you shall have been informed from the said principal officers of the customs, that the matter and contents thereof, are just and true ; and in case the masters or owners of such ships or vessels shall not produce the said certificates, within the time limited, you are to attest the copies of such bonds, under your hands and seals, and to canse prosecution thereof; and you are also to give directions, that no per- son be admitted to be security for another, who has bonds standing out undis- charged, unless he be esteemed responsible for more than the value of such bonds.


And, in order the more fully to answer His Majesty's intention of distressing the enemy, and to render his orders herein, the more effectual, you are to take care, in rase the masters or owners of any ships or vessels, having cleared out from that colony under your govenment, laden with provisions for any of His Majesty's other colonies or islands, shall be detected in causing collusive captures to be made of the vargoes, that the severest penalties be inflicted npon the offenders, which the laws will, in such case, allow of.


We are, gentlemen,


Your most obedient and most humble servant,


DUNK HALIFAX, ANDREW STONE,


To the Governor and Company of Rhode Island. JAMES OSWALD.


547


AND PROVIDENCE PLANTATIONS.


1756.]


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, the third Monday in November, 1756.


The Hon. Stephen Hopkins, Governor. The Hon. John Gardner, Deputy Governor.


An Act for proportioning unto the several towns, the rates or dered by the General Assembly, at their session in Newport, on the fourth Monday of August last, to be assessed and levied on the inhabitants of this colony.


Whereas, the General Assembly, at their session, holden at Newport, on the fourth Monday of August last, made and passed an act for assessing and levying a rate or tax of £4,000, lawful money, on the inhabitants of this colony, to be burnt; and also a rate or tax for the sum of £53,000, old tenor, for supplying the general treasury ; to be assessed, levied and collected on or before the last day of February next, neither of which rates or taxes hath been yet proportioned ;-


Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that the said rates shall be, and hereby are, proportioned unto the several towns, as followeth, to wit :


Lawful money. £ s. d. £ s. d.


Old tenor.


Newport . .800 00 00 10,602 00 00


Portsmouth . 180 00 00 2,383 00 00


New Shoreham . 77 00 00 1,021 00 00


Jamestown 90 00 00 1,193 00 00


Middletown 123 00 00 1,631 00 00


Tiverton . 132 04 06 1,750 12 00


Little Compton .. . 130 04 06 · 1,724 00 00


£1,532 09 00


£20,304 12 00


548


RECORDS OF THE COLONY OF RHODE ISLAND [1756.


Lawful money.


Old tenor.


£ s. d.


s. d.


Providence 292 07 00


3,874 00 00


Smithfield


223 16 00


2,965 08 00


Scituate


98 18 00.


1,310 08 00


Glocester


98 18 00.


1,310 08 00


Cumberland


64 10 00 S54 00 00


Cranston 149 03 00


1,977 00 00


£927 12 00


£12,291 04 00


Westerly .. . . . . . 229 00 00 3,024 19 00


North Kingstown 177 03 00


2,350 00 00


South Kingstown 297 00 00.


3,938 00 00


Charlestown


82 02 00.


1,086 11 00


Exeter


S4 00 00.


1,117 00 00


Richmond.


57 01 00 759 00 00


£926 06 00


£12,275 10 00


Bristol . .


. . 104 08 00. 1,383 06 00


Warren


92 01 00. 1,219 04 00


£196 09 00


£2,602 10 00


Warwick . . 183 13 00 2,432 00 00


East Greenwich. . 102 17 00


1,363 18 00


West Greenwich . 65 07 00.


865 03 00


Coventry 65 07 00 865 03 00


£417 04 00


£5,526 04 0G


And be it further enacted by the authority aforesaid, that all the lawful money shall be paid in the bills that bear date in the month of February, 1756 ; or in silver or gold, according to the face of said bills.


549


AND PROVIDENCE PLANTATIONS.


1756.]


And it is further enacted, that the assessors or rate makers, shall, upon their assessing or apportioning the aforesaid rates or taxes, return a true bill or list of the same, unto the clerk of the town to which they respectively belong, within forty days after the rising of this Assembly ; and that said town clerk send a copy thereof, unto the general treasurer, in four days ; who, upon receipt thereof, shall issue his warrants in four days unto the several collectors of rates of the respective towns, requir- ing them in His Majesty's name, to collect the several sums to them respectively committed, in lawful money, or in silver and gold, or old tenor bills, agreeably to this act, by the last day of February, as aforesaid, and pay the same unto the general treasu- rer, or to his successors in said office, for the uses, aforesaid.




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