Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 50

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 50


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And be further enacted, that each respective town shall pay all the charges and fees that shall arise in or upon the assess- ing and collecting its part of the aforesaid rate or tax.


And it is further enacted, that the poll money, in assessing this rate, be six pence per £1,000.


And that the secretary, send by express, a printed copy of this act unto every town clerk in the colony, within eight days after the rising of this Assembly, to be, by said town clerk, im- mediately delivered unto the assessors or rate makers, of his town.


Protests.


I protest against the proportion of the town of Portsmouth, for the following rea- son : because too large in proportion with Newport and Tiverton, and therefore un- equal.


WILLIAM EARL.


We, the subscribers, dissent from this vote, for the following reasons, viz. :


1. Because we are of opinion that the rates of the several towns in the county of Kings county, instead of being equally and justly proportioned, as all rates should be, will, according to the above proportion, be extremely unequal ; and think it will fully appear ; for according to that estimation, the town of Westerly is to pay above £6,000, old tenor ; and the town of North Kingstown, not £5,000 ; whereas, there are more inhabitants in North Kingstown than in Westerly ; the soil, in our opinion, better, besides the great benefit of being nearer the market.


We are of opinion that the inequality of the above proportion, will further ap- pear, by comparing the towns of South Kingstown and Westerly ; for South Kings- town contains near as much land as Westerly ; the soil beyond comparison better,


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RECORDS OF THE COLONY OF RHODE ISLAND


[1756.


mueh nearer to market, the inhabitants possessed of many slaves ; and being the county town, it draws a good deal of money out of the rest of the county ; and upon all these'accounts, ought to pay near as much again as Westerly.


And we imagine the inequality will, further appear, by comparing Charlestown and Richmond ; for according to the best judgment we ean form, the town of Rich- mond contains more inhabitants than Charlestown, and ought, therefore, to pay near as much as Charlestown ; instead of which, they will not pay so much, by above £6,00, old tenor.


It is said in the report, that all reasonable arguments were used to convinee us of the equity of their proposal, when no one argument was offered that appeared to us to be reasonable ; for, though they offered that a sum should be taken off Charlestown and Westerly, yet, as that sum was not any way equal to the burthen which was laid upon us in the last rate (for proof of which, we appeal to the pro- portion of the rate of £35,000), we thought, in justice to our constituents, we could not comply with it.


JOSHUA CLARKE, SAMUEL WARD.


CHRISTO. CHAMPLAIN. GIDEON HOXSIE.


I report against the proportion of the town of Jamestown, for the following rea- son, to wit : that I think that town is greatly over-proportioned, according to sev- eral other towns in the county of Newport. RICHARD STEERE.


We, the subscribers, do dissent from the above vote, for the reasons following :' for that the town of West Greenwich was very much burthened with a heavy tax before ; and our conferenee with our brethren of the county of Kent, was wrongly represented to the lower house, by one of the members; and the representatives of the south county were all out of the house ; so that the whole of the tax the south county was disburthened of, was laid on Coventry and West Greenwich; which is a grievous hardship for West Greenwich to bear ; for that we think that Warwick and East Greenwich in justice ought to have taken their proportionable part, ac- cording to the former tax ; which we humbly submit to your honors to consider.


PRESERVED HALL, SAMUEL DYRE.


We, the subscribers, beg leave to dissent from the within vote, for the county of Bristol, as to the proportions of the towns of Warren and Bristol, for the following reasons, viz. :


1. We look upon the town of Warren to be equal in value to the town of Bristol.


2. As it was a tie vote in the lower house, and the speaker turned the vote in favor of the town of Warren; but upon the best information he could get after- wards, was of opinion that the town of Bristol was over-proportioned.


THOMAS GREENE, NATHANIEL FALES.


I, the subscriber, do protest against the proportion of the several towns in the county of Newport, for the following reasons :


1. Because there is a considerable sum taken off New Shoreham, and added to


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AND PROVIDENCE PLANTATIONS.


1756.]


Little Compton, to the amount of almost £400, over and above the last proportion to said town.


2. That the above sum, or the major part thereof, should have been put to some of the other towns, and to the town of Newport, in particular. THOMAS CHURCH.


Whereas, the following report was presented unto this As- sembly,-


The Colony of Rhode Island,


With Jonathan Nichols, Thomas Cranston and Peter Bours, of the committee of war, on account of the expedition designed against Crown Point, Dr.


s. d.


To the amount of an account with sundry persons, audited August 15, 1755, by Joseph Lippitt, James Sheffield, Joseph Russell and Obadiah Brown, Esqs ..


20,957 11 10} To the amount of an account with Thomas Cranston, Esq., audited August 15th, 1755, by the above gentlemen. 1,695 04 00


To the amount of an account with Peter Bours, Esq., audited Au- gust 15, 1755, by the above gentlemen. 786 08 05


To the amount of an account with sundry persons audited October 31st, 1755, by Obadiah Brown and James Sheffield, Esqs ...... To the amount of His Honor, the Deputy Governor, Jonathan Nichols, Esq., his account, audited October 31st, 1755, by the above gentlemen.


36,497 15 06


17,863 05 08


To the amount of Thomas Cranston, Esq., his account, audited Oc- tober 31st, 1755, by the above gentlemen 3,704 15 06


To the amount of Peter Bours, Esq., his account, audited October 31, 1755, by the above gentlemen. 2,960 10 00


To the amount of an account with sundry persons, audited March 11, 1756, by J. Sheffield and J. Russell, Esqs .. 18,412 06 05 To the amount of muster rolls, audited March 11, 1756, by J. Shef- field and J. Russell, Esqs. 17,012 10 07


To the amount of Thomas Cranston, Esq., his third account, audit- ed March 11, 1756, by the above gentlemen


3,399 17 00


To Peter Bours, Esq., the amount of his third account, audited March 11, 1756, by the above gentlemen 1,320 13 09


£124,611 18 083


Cr.


By our orders, drawn on the general treasurer, from time to time £124,611 18 083


We, the subscribers, being appointed by The Honorable, the General Assembly, to audit the accounts of the committee of war, in the expedition designed against Crown Point, do make report :


That we have examined the accounts exhibited to us by Jonathan Nichols, Thos.


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RECORDS OF THE COLONY OF RHODE ISLAND


[1756.


Cranston and Peter Bours, members of the said committee, and find them well vouched ; and that the account of the other side of the sums expended by them, is what we have audited agreeably thereto. JOSEPH RUSSELL,


JAMES SHEFFIELD, O. BROWN.


And this Assembly, having taken the said report into con- sideration,-


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


Whereas, this Assembly hath been informed, that Samuel Thayer, of Providence, hath grossly abused them, ---


They therefore vote and resolve, and it is voted and re- solved, that the said Samuel Thayer be immediately brought before this Assembly, to answer for his said misdemeanor ; and that the secretary forthwith issue a warrant, directed unto the sheriff of the county of Providence, or his deputy, for that purpose.


Whereas, the General Assembly, at their last session, passed a vote, resolving that the committee, or the major part of them, that were appointed to audit the account of the grand commit- tec, be directed to burn all the bills of credit collected for the last rate, which at that time were in the general treasury, ex- cepting those called lawful money, and make report unto this Assembly ; in consequence whereof, what follows, was soon presented.


Report of the Committee.


We, the subseribers, being appointed by the General Assembly, a committee to reecive of Thomas Richardson, Esq., general treasurer, the rate money in his hands, and to buru the same, except such part thereof, as is in lawful money, do report :


That we have received of said Thomas Richardson, Esq., £66,162 4s. 1d., old tenor ; of which, we have burnt £52,271 17s. 5d .; the remainder, being £1,041 15s. Gd., lawful money; and calculated as it now passes, is, in old tenor, £13,890 68. Sd., which we have deposited in the hands of the said Thomas Richardson Esq., till further orders from the General Assembly.


We also report, that there is still to be collected, and paid into the treasurer's of- fire, $3,837 15s. 11d., old tenor, to make up the £70,000, the amount of the rate


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1756.]


ordered by this Assembly to be assessed and levied on the inhabitants of this colony, as appears by the list herewith presented. THOMAS CRANSTON, PETER BOURS, JAMES SHEFFIELD.


Newport, November 12th, 1756.


N. B. £18,430 3s., Crown Point money.


Unto which report, the committee subjoined the following account :


Colony, Dr. To our time and trouble, five days. . . ... £45 THOMAS CRANSTON, JAMES SHEFFIELD.


PETER BOURS.


And this Assembly having taken said report into consid- eration, --


Do vote and resolve, and it is voted and resolved, that the same be, and hereby is, accepted ; and that the foregoing ac- count of £45, be allowed, and paid unto the aforesaid Thomas Cranston, Peter Bours and James Sheffield, Esqs., out of the general treasury.


What follows, is a true copy of the list referred to in the the foregoing report, made by Messrs. Cranston, Bours and Sheffield.


Report.


Memorandum of the several towns in this colony, that have paid their proportion of the £70,000 colony rate, into the treasury, and those that are wanting, viz. :


Wanting.


£ s. d.


Newport 14,000 00 00


Middletown


2,140 00 00


9 15 06


Jamestown


1,338 00 00


bond of D. Weeden's,


262 00 00


Cranston 2,500 00 00


Warwick. 3,213 00 00


Little Compton


2,051 00 00


South Kingstown 5,200 00 00


Westerly. 4,730 00 00


Richmond 1,003 00 00


Smithfield 3,750 00 00


29 17 11


Warren


1,580 02 01


Glocester


1,680 10 00


VOL. V. 70


s. d.


10 00 00


Portsmouth 3,206 04 06


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RECORDS OF THE COLONY OF RHODE ISLAND


[1756.


Wanting.


s. d.


£ s. d,


Charlestown


1,700 00 00


Scituate


1,475 00 00


158 00 00


North Kingstown


3,105 00 00


Cumberland


1,080 00 00


Tiverton


2,200 00 00


Providence.


4,600 00 00


300 00 00


West Greenwich 1,039 19 00


29 11 00


Bristol 1,781 01 11


45 18 01


New Shoreham


1,582 00 00


18 00 00


Exeter


400 00 00


1,075 00 00


Coventry


807 06 70


99 13 05


East Greenwich


1,800 00 00


£66,162 04 01


£3,837 15 11


Balance due to the colony, 3,837 15 11


£70,000 00 00


Both houses being resolved into a grand committee, Samuel Thayer was brought before them in consequence of a warrant issued against him by the secretary, pursuant to vote of this Assembly ; and the said Samuel confessing that he had damned this General Assembly,-


It is therefore ordered, that he, the said Samuel Thayer, be forthwith committed to, and closely confined in His Majesty's jail, at Providence.


Whereas, it is feared that there are some persons in this colony, dangerous and disaffected to Ilis Majesty's person and government, who not only having thrown off all duty and allegiance, themselves, are, by secret acts and practices, daily endeavoring and attempting to alienate the minds and affec- tions of others, ITis Majesty's subjects, from that duty and alle- giance which they justly owe to their lawful and rightful sover- eign ; which practices, if continued, may prove of fatal conse- quence ; for preventing whereof, for the future,-


Be it enacted by this General Assembly, and by the authori- ty thereof it is enacted, that from and after the publication of this act, it shall, and may be lawful for His Honor the Gov- ernor, His Honor the Deputy Governor, any assistant or judge either of the superior or inferior courts, or any of His Majesty's justices of the peace, to tender the oaths of allegiance and ab-


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AND PROVIDENCE PLANTATIONS.


1756.]


juration unto, and cause the same to be taken and subscribed, according to the form of the statute in that case made and pro- vided, by any person or persons whatsoever, whom either of the officers above mentioned, shall suspect to be dangerous or disaffected to His Majesty's person or government ; and if any such person or persons, shall refuse to take and subscribe the oaths, aforesaid, the officer that tendered the same, shall certify the refusal thereof unto the next court of general sessions of the peace, that may be holden in the county where the offence shall happen ; and if he, she or they shall there also refuse, such refusal shall be recorded in the public book, to said court belonging ; and all persons so neglecting or refusing to take and subscribe the oaths, aforesaid, shall be adjudged, upon such last neglect or refusal, as popish recusant convict; and be pro- ceeded against as such, for the forfeiture of his or her goods, and chattels, and lands, and tenements, to and for the use of the colony.


And be it further enacted by the authority aforesaid, that all and every of the officers above mentioned, may, by writing under his hand and seal, summon any person or persons, sus- pected, as aforesaid, to appear before him, at such time and place as he shall see cause to appoint, then and there to take and subscribe the oaths, aforesaid; which summons shall be served on such person or persons, or left at his, her, or their house or usual place of abode, with one of the family ; and if such person or persons do not appear, according to summons, then, on oath made that said summons was served, in the afore- said manner, the officer who issued the same, shall make a cer- tificate thereof, unto the next court of general sessions of the peace, in the county where said summons was granted, there to be entered in the book of records, to said court belonging ; and if such person or persons shall not make his, her or their appearance, at the said session, and then and there subscribe and take the oaths, aforesaid, his, her or their name or names shall be publicly read at the first meeting of the said session ; and he, she or they shall be esteemed a popish recusant con- vict or convicts ; and forfeit all his, her or their goods and


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RECORDS OF THE COLONY OF RHODE ISLAND


[1756.


chattels, lands and tenements, accordingly, to and for the colo- ny's use.


And be it further enacted by the authority, aforesaid, that if any person or persons shall, from and after the publication of this act, maliciously or directly by writing, printing or speak- ing, declare, maintain or affirm that His present Majesty, our sovereign lord, George the Second, is not the lawful and right- ful King of Great Britain, with the dominions and territory thereunto belonging, or that the pretended Prince of Wales, who now styles himself King of Great Britain, by the name of James the Third, hath any right or title to the crown of Great Britain, or that any other person or persons hath or have any right or title to the same, otherwise than according to the several laws and statutes made for declaring the rights and liberties of the subject, and settling the succession of the crown, or that the Kings and Queens of Great Britain, with and by the authority of Parliament, are not able to make laws and statutes of sufficient force and validity to limit and bind the crown of Great Britain, with the dominions thereof, and the descent, limitation, inheritance and government of the same, all and every such person and persons being of such offence lawfully convicted, shall incur the danger and penalty of a præmunire, according to the statute of præmunire made in the sixteenth year of the reign of King Richard the Second.


Provided always, and be it further enacted by the authority aforesaid, that no person shall be prosecuted by virtue of this act, for any words spoken, unless the information of such words being spoken. be given upon oath, within three days after their being spoken, and the prosecution for such offence be within six months after the information ; and that no person or persons, shall be convicted by virtue of this act, from any such words spoken, but by the oaths of two credible wit- nesses.


Whereas, this Assembly, at their last session, appointed a committee to prepare a bill to prevent the further depreciation of the paper . currency of this colony, which committee could not agree about the matter .-


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AND PROVIDENCE PLANTATIONS.


1756.]


This Assembly, therefore, do vote and resolve, and it is voted and resolved, that another committee shall be, and hereby is appointed for the purpose, aforesaid, to wit : James Honeyman, Jeremiah Niles, Esqs., Mr. Samuel Ward and Lieut. Col. Ben- jamin Wickham ; and that they, or the major part of them, make report unto this Assembly, at their next session.


Whereas, the greater part of the money granted by His Majesty to this colony, consists of pieces of gold, of the coin of Portugal, each of the value of thirty six shillings, sterling,-


This Assembly, therefore, do vote and resolve, and it is voted and resolved, that the general treasurer shall reckon and deliver out the aforesaid pieces of gold, at eight Spanish milled dollars, each.


Whereas, His Excellency the Earl of Loudoun, hath sent His Honor the Governor, a letter, directing that the regiment of four hundred men, lately raised by this colony, for His Majes- ty's service, do not march, as the season is so far advanced, that they cannot be of any service this year ; and whereas, His Honor, in conformity to the directions of His Lordship, gave public notice to all the officers and soldiers of the regiment, aforesaid, that they might repair unto their respective homes and occupations ; and should receive wages and billeting no longer than the Sth day of this instant November; which being duly considered,-


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the notice of Ilis Honor, given, as aforesaid, shall, and hereby is declared to be a full and final discharge of all and every the above mentioned offi- cers and soldiers ; and that the same be, and hereby is approved of, by this Assembly.


This Assembly do vote and resolve, and it is voted and re- solved, that the bill brought in and now lying before them, en- titled " An act to regulate the manner of making up judg- ments in the several courts ; and also to ascertain the value of the bills of public credit of this colony," be put into print, by the secretary, and sent to each town clerk in the government,


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RECORDS OF THE COLONY OF RHODE ISLAND [1756.


that the same may be made public in every town; so that all the inhabitants may be made acquainted therewith.


Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that all collectors of rates in this colony, who have been deficient in their duty, shall be prose- cuted by the general treasurer unto final judgment and execu- tion ; and that all those who, having been by him already sued, are liable to executions, shall be immediately served with exe- cutions of the judgments obtained against them, respectively, and committed to jail, and there remain confined until such time as they pay what is due from them, respectively; and in such payment, render and give up all Crown Point bills, so called, that they received in collecting the rate or tax, and have not paid into the general treasury.


And be it further enacted by the authority aforesaid, that all the collectors of the last rate or tax, who did not pay into the general treasury before the 28th day of August last, the whole of what they were to collect, shall be forthwith called before a committee or committees, to be by this Assembly appointed ; which committee or committees shall be, and here- by are, empowered to call such collectors, and every of them, to take an oath or engagement, in the following form, to wit:


You , do solemnly swear [affirm], that, to the best of your knowledge, you have not, since the 28th day of August, 1756, passed away or parted with, or kept back, any bills or bills of credit of this colony, called Crown Point bills, which you re- ceived of any person or persons, for his, her or their rate or rates, before or since the said 28th day of August, 1756.


And in case any of the collectors shall refuse to take said oath or affirmation, that then he, or they, so refusing, shall de- clare, upon oath or engagement, what sum or sums of said Crown Point bills, he or they received, as aforesaid ; and upon a refusal to do the same, that the said committee or commit- tees, so to be appointed, shall be. and hereby are, authorized


559


AND PROVIDENCE PLANTATIONS.


1756.]


and fully empowered to commit him or them to close prison, there to remain until he or they shall make or give such oath or engagement ..


And if the said collectors, or either of them, hath parted with any of the said Crown Point bills, collected as aforesaid, unto any other person or persons, besides the general treasurer, that they, and every of the said collectors shall procure, for the colony, so much in value of said Crown Point bills, as he or they have parted with, as aforesaid ; and for want of the same, silver or gold, to the value thereof, at the rate of £4, old tenor, for a dollar, or gold, at its proportionate value; and shall also render an account, upon oath, or engagement, who the person or persons is or are, unto whom such collector or collectors passed the same.


And be it further enacted by the authority, aforesaid, that no person or persons, who hath or have received any of the said Crown Point bills, from any collector or collectors of rates or taxes, shall be permitted to receive any thing of the general treasurer for the Crown Point bill or bills, so clandestinely ob- tained, save old tenor bills, equivalent thereto, at the nominal value.


And be it further enacted by the authority aforesaid, that such committee or committees as shall be appointed to exam- ine the collectors of rates or taxes, pursuant to this act, shall forthwith give in a list or lists of the names of all such persons as have received any of the said Crown Point bills from such collector or collectors; and that the general treasurer do not give out any silver or gold for such bill or bills as may be presented, to be exchanged by any person or persons, named in such list or lists, delivered, as aforesaid ; or to any other person or per- sons whatever, until he, she or they have made oath or affir- mation that the bill or bills offered to be exchanged, hath or have not been received from, or been in the hands of, any of the persons named in such list or lists, as aforesaid, since the J5th day of this instant November; nor to his, her or their knowledge, since the 28th day of August last.


And for effectually carrying this act into execution, this As-


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RECORDS OF THE COLONY OF RHODE ISLAND [1756.


sembly do choose and appoint the gentlemen whose names immediately follow, a committee, for the purposes herein before mentioned, viz. :


Lieut. Col. Benjamin Wickham, Capt. William Mumford and Mr. William Bailey, for the county of Newport.


Capt. David Whipple, Lieut. Col. John Andrews and Mr. Christopher Waterman, for the county of Providence.


Latham Clarke, James Helme and Samuel Albro, Esqs., for the county of Kings county.


Nathaniel Fales, Thomas Greene and Joseph Russell, Esqs., for the county of Bristol.


Othniel Gorton, Esq., Mr. John Spencer and Col. Benoni Waterman, for the county of Kent.


And be it further enacted by the authority aforesaid, that the major part of each of the said committees, shall be, and hereby is, constituted a quorum, with power to act as fully and effectually, to all intents and purposes, as if the whole of such committee were personally present, and joined therein.


Protest.


We, the subscribers, beg leave to dissent from the vote re- lating to the calling the collectors of rates in the colony, to account, with regard to the last £70,000 tax, for the following reasons :


1. As the vote is to call a part of the said collectors to ac- count for their conduct, and not all ; which we apprehend, ought to be general.


2. We apprehend the collectors were sufficiently warned by the vote passed at the February session, when the tax was altered. in order to redeem the Crown Point bills.


3. We apprehend the putting of said time to the fourth Monday of August, will, in ne shape answer the design intend- ed by the above vote.


THOMAS GREENE, THOMAS HOWLAND, OTHNIEL GORTON, November 18th. A. D. 1756.


WILLIAM BAILEY,


NICHOLAS BROWN. WILLIAM MUMFORD.


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AND PROVIDENCE PLANTATIONS.


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Be it enacted by this General Assembly, and by the au- thority thereof it is enacted, that the committee of war be, and they are hereby authorized and fully empowered, to discharge or retain some, or all of the troops by this colony raised, last spring, and sent in the expedition against Crown Point; said committee regulating their conduct in that respect by such ad- vice and directions as they shall receive from His Excellency the Earl of Loudoun.




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