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 6
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DANIEL ABBOTT, ISHMAEL SPINK.
JOHN FRY,
Whereupon, it is voted and resolved, that the said report be accepted ; and that the same be recorded by the secretary.
Voted and resolved, that the several accounts of the commit- tee that revised the boundaries at Warwick south-west corner be allowed and paid out of the general treasury, viz. :
To Col. Daniel Abbott, £8 10s .; to Mr. John Frye, £7 10s. Od., and to Capt. Ishmael Spink, £6, for their service in said affair.
Whereas, the judge of admiralty, for this colony, being gone home for Great Britain, and his deputy appointed here, declin- ing to serve any longer ;-
It is therefore voted, that Mr. John Gidley, of Newport, in the county of Newport, be, and he is hereby appointed judge of admiralty for this colony, until a person be properly appointed from home, to that office ; and that His Honor, the Governor, give him his oath to said office.
Upon a motion made by Capt. William Hopkins, who was the recruiting officer in this colony, for Col. William Gooch's regiment (as well as for the two old corps of marines), for pay- ment, for the raising recruits for said regiment ;--
It is voted and resolved, that no more money be advanced to him by this government on that account.
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Whereas, Isaac Anthony, of Newport, in the county of New- port, goldsmith, presented to the General Assembly, at their session, held by adjournment, at East Greenwich, on the fourth Monday in November last past, an account for the entertain- ment of several Spanish officers (who were brought into New- port, as prisoners), from the 20th day of September, to the 22d day of November, A. D. 1742, amounting to the sum of £99, and craved an allowance thereof; whereupon, the Gen- eral Assembly thought proper to make him an allowance of the sum of £54, in satisfaction thereof, which he apprehended was not a sufficient compensatian for the costs and charges he had been at in said affair; and therefore made application to this present General Assembly, for further relief in the premises ;-
It is thereupon voted and ordered, that the sum of £18 more be allowed and paid out of the general treasury, to the said Isaac Anthony, for the entertainment of the said Spanish offi- cers, during the time aforesaid.
Voted, that Harrison Weaver, Caleb Beagle, William Wall and Samuel Gorton, all of East Greenwich, in the county of Providence, be admitted freemen of this colony.
Voted, that John Kenion, son of James, deceased, and Ste- phen Rosse, both of Charlestown, in the county of Kings county, be admitted freemen of this colony.
God save the King.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Newport, the 3d day of May, 1743.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
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RECORDS OF THE COLONY OF RHODE ISLAND [1743.
ASSISTANTS.
Mr. Peter Bours,
Mr. Daniel Howland,
Mr. William Ellery,
Mr. Philip Arnold,
Mr. Ezekiel Warner,
Mr. James Arnold,
Mr. Richard Fenner,
Mr. Daniel Coggeshall,
Mr. John Dexter,
Mr. Rouse Helme.
Mr. John Potter, speaker, and Mr. Josias Lyndon clerk.
The following are admitted freemen of the colony :
Of Newport, Isaac Stelle, Henry Stacy, David Seaver, Hux- ford Merchant, William Strengthfield, Peleg Thurston, Incom Sanford, Joseph Wanton, Jr., John Whiting, John Petel, Joshua Coggeshall, son of Thomas ; Benjamin Borden, Daniel Bate- man, Robert Carter, Joseph Freeborn, James Holmes, Samuel Lyndon, Jr., Robert Stevens, William Paul, John Brown, Jr., Isaac Bowen, John Morris, William Tate, Evan Malbone, Si- mon Newton, Nathaniel Langley, Henry Bliss, Zabdiel Potter, Nicholas Brown, John Pitman, Stephen Ayrault, Jonathan Bar- den, Matthew Robinson, George Lawton, son of Robert ; Thos. Gavitt and Edward Wanton.
Of Providence, Josiah Jenekes, Charles Olney, Robert Knight, Jr., Philip Roberts, Josiah Potter, Othniel Carpenter, Resolved Waterman and William Brown.
Of Portsmouth, William Hall, Jr., Jonathan Pearce, John Corey, son of Thomas ; William Butts, Samuel Phettiplace and Jonathan Phettiplace.
Of Warwick, Jonathan Greene, Jeremiah Randall, Benjamin Greene, son of John ; and Benjamin Weaver.
Of Westerly, Ilenry Willis, Jonathan Lewis, Samuel Gavitt, John Crandell, son of Peter; Benjamin Chase, Matthew Greene, Samuel Brown and Benjamin Hall.
Of North Kingstown, John Baker, Robert Nichols, John Al- len, Jr., John Bent. Thomas Northup, Jr., Abiel Tripp, James Lewis, Adam Gould, Abraham Willcox, Jabez Chadsey,
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Ephraim Gardner, James Gardner, Stukely Congdon, Anthony Corey, Israel Phillips, Robert Sweet, Henry Wall, Daniel Fourtane, Alexander Havens and Henry Olden.
Of South Kingstown, Nathan Gardner.
Of East Greenwich, Benjamin Sweet, Jr. and Nicholas Goddard.
Of Jamestown, William Tew, John Carr and Jonathan Greene.
Of Smithfield, Nathaniel Man, Seth Cooke, Daniel Sayles and John Harris.
Of Scituate, Edward Potter, Thomas Remington, Dean Kim- ball, Samuel Rogers, John Lovel, David Brown, Hugh Pray Jeremiah Hopkins, Job Shippey, Jonathan Dollaff, Daniel Ben- nett and Josiah Bennett.
Of Glocester, Elisha Cooke, Morris Tucker, Silas Williams, Daniel Smith and Timothy Willmarth.
Of Charlestown, Benjamin Potter.
Of West Greenwich, Arthur Aylesworth, son of John; and Daniel Case.
Of Coventry, James Green, son of John; Azariah Ed- dy, Josias Spink, Robert Havens, Benjamin Gardner, Joseph Potter, John Rice, Richard Stafford, Daniel Colvin, John . Holmes, Obadiah Johnson and Samuel Bennett.
Of Exeter, James Rogers, Jr., and Philip Greene.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Wednesday in May, 1743.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
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RECORDS OF THE COLONY OF RHODE ISLAND [1743.
DEPUTIES.
Newport.
Capt. George Wanton,
Mr. Daniel Gould,
Mr. Nicholas Easton,
Col. John Cranston,
Capt. Jonathan Nichols,
Capt. Ezbon Sanford. Providence.
Mr. John Potter, Col. Jabez Bowen,
Capt. Jonathan Randall,
Capt. Christopher Harris. Portsmouth. Capt. John Lawton,
Capt. Jeremiah Lawton, Mr. Robert Lawton, Mr. William Anthony, Jr. Warwick.
Major Joseph Stafford, Major John Rhodes, Capt. William Rice,
Mr. Barlow Greene. Westerly.
Capt. John Maxson, Mr. William Hern. New Shoreham.
Mr. Robert Hull, Mr. Henry Gardner. North Kingstown.
Col. Immanuel Northup,
Mr. George Tibbetts, Jr.
South Kingstown. Capt. Robert Hassard, Mr. Benjamin Peckham, Jr. East Greenwich. Mr. John Frye,
Mr. Joseph Nichols. Jamestown. Mr. Abel Franklin, Mr. Samuel Slocum. Smithfield. Mr. Thomas Steere, Mr. David Comstock. Scituate. Capt. Job Randall, Mr. Joseph Knight. Glocester. Mr. John Walton, Capt. Isaiah Inman. Charlestown. Major Christopher Champlin, Capt. Nathaniel Lewis. West Greenwich. Capt. Ishmael Spink, Mr. Samuel Hopkins. Coventry. Capt. Abel Potter, Mr. John Johnson. Exeter. Capt. John Weight, Mr. John Reynolds, Jr.
Mr. John Potter, speaker, and Mr. Josias Lyndon, clerk.
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The following officers, declared elected, were duly engaged :
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
ASSISTANTS.
Mr. Peter Bours,
Mr. William Ellery,
Mr. Ezekiel Warner,
Mr. Richard Fenner,
Mr. John Dexter,
Mr. Daniel Howland,
Mr. Philip Arnold,
Mr. James Arnold,
Mr. Daniel Coggeshall,
Mr. Rouse Helme.
SECRETARY.
Mr. James Martin.
GENERAL TREASURER. Mr. John Gardner.
ATTORNEY GENERAL. Mr. Daniel Updike.
Voted, that William Burton, Esq., be chosen an assistant, in the room of Ezekiel Warner, Esq., who refused.
Voted, that Philip Greene, Esq., be chosen an assistant in the room of Philip Arnold, Esq,, who refused.
Voted and resolved, that Messrs. William Anthony, Jr., and William Rice, be, and they are hereby appointed a committee, to receive of Richard Ward, Esq., the late Governor, the colony seal, giving him a receipt for the same ; and to deliver said seal to His Honor, the present Governor, taking his receipt for the same.
Whereas, Col. John Cranston (as captain of Fort George), did present to this General Assembly an account for his service the last year, and for the service and allowance of board wages to the gunner and two other men at said fort, to the 5th day of May instant, amounting to the sum of £260 10s., craving an allowance thereof ;-
Whereupon, it is voted and resolved, that the said sum of $260 10s., be allowed and paid out of the general treasury, to the said John Cranston, for him to pay the said gunner and two other men their several parts thereof.
God save the King.
VOL. V. 9
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RECORDS OF THE COLONY OF RHODE ISLAND [1743.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 13th day of June, 1743.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
An Act for dividing the town of Newport, in the county of Newport, into two towns.
Be it enacted by the General Assembly of this colony, and by the authority thereof, it is enacted, that the said town of Newport be divided into two towns ; and the division to begin at the head of the creek, that separates the two farms of the Hon. Joseph Whipple, Esq., and Godfrey Malbone, of said New- port, merchant ; and so to extend upon a direct line between the two houses of Elisha Card, and that in the possession of Samuel Pemberton, Esq. ; and from thence on a straight line to the place where the creek on Easton's Beach runs into the sea ; and all to the southward and westward of the said line, to belong to the town of Newport ; and all to the northward and eastward of said line, to be incorporated into a town by the name of Middletown.
And be it further enacted by the authority aforesaid, that John Dexter, Esq., Messrs. Benjamin Peckham, Jr., and Sam'l Easton, surveyor, be, and they are hereby appointed a commit- tee, they, or the major part of them, to run the aforesaid line, and make report to the next session of this Assembly.
Whereas, the inhabitants of New Shoreham, in the county of Newport, did, by petition to this Assembly, set forth, that the cost in erecting their pier in said New Shoreham, will be far greater than they did expect or imagine, and what they are by no means able to go through with, unless this General As-
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sembly will grant tbem a further supply ; and therefore craved relief for that purpose ;--
Which being duly considered, be it enacted by the General Assembly of this colony, and by the authority thereof it is en- acted, that the sum of £400, be allowed and paid to Mr. Rob- ert Hull, out of the general treasury, towards defraying the charge of building said pier, as soon as a report shall be made that the work is completed, by a committee to be appointed hereafter, by the General Assembly, for that purpose.
Whereas, there is a balance of £173 16s. 1d., due to this colony, from the Province of the Massachusets Bay, upon a settlement of the accounts of charges of the court of commis- sioners for settling the controversy between said governments, relating to the boundary line, and other charges respecting said affair ;-
It is therefore voted and resolved, that Peter Bours, Esq., be, and he is hereby appointed to address His Excellency, William Shirley, Esq., Governor of said Province, requesting the payment of said sun.
Voted and resolved, that Samuel Wickham, Gideon Wanton, Edward Scott and Thomas Ward, Esqs., and the secretary, be, and they are hereby appointed a committee, they, or the major part of them, to revise the laws of this colony, as well those in print already, as those that are not, that the whole thereof may be new printed, as soon as conveniently may be.
Voted and resolved, that Peter Bours, Esq., Messrs. John Cranston and Ezbon Sanford, be, and they are hereby appoint- ed a committee to receive of the late Governor, Rich. Ward, Esq., the charier of this colony, the copper plates, books, papers, and what else belongs to the government, and deliver the same to the Hon. William Greene, Esq., the present Governor, giving and taking receipts for that purpose.
Voted and resolved, that the account of Peter Bours, Esq., amounting to $ 41 2s. 5d., for shipping off the Spanish officers, being for their passages and necessaries put on board for them, be allowed and paid out of the general treasury.
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RECORDS OF THE COLONY OF RHODE ISLAND [1743.
Voted and resolved, that the account of James Davis, keeper of His Majesty's jail in Newport, in the county of Newport, amounting to £23 7s. 1d., for the board of the Spanish captain, and his washing, from the 14th day of September, to the 31st day of December last past, be allowed and paid out of the gen- eral treasury.
Voted and resolved, that the account of John Easton, amounting to £21 Ss. 2d., being for clothes bought for the Spanish captain, when put on board, for his return home ; and for services done at sundry times, in summoning evidences re- specting Stephen Talman's attendance upon the General As- sembly, &c., be allowed and paid out of the general treasury.
Voted and resolved, that James Reynolds, of West Green- wich, in the county of Providence, be allowed and paid out of the general treasury, the sum of £116 Ss., for his extraordina- ry service and care in maintaining the true division line be- tween this colony, and the colony of Connecticut.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the fourth Tues- day in August, 1743. -
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
An Act for incorporating the north-east part of the town of Newport, into a township, and the same to be distinguished and known by the name of Middletown.
Whereas, the General Assembly, at their session, held by adjournment at Newport, within and for said colony, on the second Monday in June, last past, did, among other things, en-
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act, that the town of Newport should be divided into two towns ; and for that purpose, appointed a committee to run the dividing line, and make report thereon to this present ses- sion of the Assembly, who have accordingly reported, that they have done the same, in the following manner :
Beginning at the head of the creek, that separates the two farms of the Hon. Joseph Whipple, Esq., and Godfrey Malbone, of said Newport, merchant; and on a south conrse, nineteen degrees and an half cast, run a direct line, extending to the sonth-east corner of a lot of land, belonging to Job Almy, of said Newport, merchant; the said corner being between the houses of Elisha Card, and that in the possession of Samuel Pemberton ; and from said corner, a straight line south, twenty-seven degrees east, crossing the bridge that lieth over the creek, on Eas- ton's Beach ; and so into the sea on that course, it being the place where the said creek usually runs into the sea.
And the said report being accepted ;-
Be it enacted by the General Assembly of this colony, and by the authority of the same it is enacted, that all the lands to the southward and westward of the said line, as before describ- ed, belong to the town of Newport; and that all the lands to the northward and eastward of said line, be distinguished and known by the name of Middletown ; and that the inhabit- ants of said Middletown, from time to time shall have and en- joy the like benefits, liberties, privileges and immunities with other towns in this colony, according to charter.
And be it further enacted by the authority aforesaid, that the justices of the peace, living within the aforesaid town of Middletown, shall remain and continue in their aforesaid offices until the next general election ; and that the first of said justices of the peace grant forth his warrant to call the inhabitants of said Middletown together on Tuesday next, being the 30th day to of August instant, to elect and appoint such town officers as they shall have occasion for, and the law directs ; and to ap- point the times and places of their town meetings; and to choose and elect two deputies, to represent them at the next General Assembly, and so on, as by the charter is directed.
And be it further enacted by the authority aforesaid, that
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said town of Middletown shall send one grand and three petit jurors to the superior court of judicature, court of assize and general jail delivery ; and three grand and three petit jurors to every inferior court of common pleas and general sessions of the peace, held within the county of Newport; and that the town of Newport shall hereafter send to each of the aforesaid courts, so many jurors less of what they are now compelled by law, as is ordered to be sent by the aforesaid town of Middle- town.
Whereas, Samuel Wickham, Gideon Wanton, Edward Scott and Thomas Ward, Esqs., and the secretary, were appointed at the last session of this Assembly, a committee to revise the laws of this colony, as well those in print, as those that are not, that the whole might be printed as soon as may be ;--
It is now voted and resolved, that Mr. John Callender, Jr., be, and he is hereby added to the aforesaid committee, for that purpose ; and that any three of them are hereby empowered to act therein ; and that said committee put those laws into print, which they have already revised, transcribed and pre sented to this Assembly ; putting the charter in print in the first place.
And that said committee procure paper and other necessa- ries, for printing off five hundred copies, in the best manner, and draw money out of the general treasury to defray the charges thereof ; and when they are finished, each of the mem- bers of this present General Assembly shall be furnished with a book gratis.
Whereas, there was a committee appointed by the General Assembly of this colony, at their present session, to inspect in- to the affair of His Majesty's patent, under the privy seal, pro- duced by Leonard Lockman, Esq., appointing him clerk of the naval or navy office, in said colony (a copy whereof was laid be- fore said General Assembly), and make report thereon, and said committee accordingly reported in the following manner, viz. :
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That with humble submission, it is conceived, that His Majesty was mistaken in said grant ; for that, by several acts of Parliament, said office is in the appointment of the Governor of said colony, who had (according to the privilege used of old) ap- pointed a naval officer in said colony, and is by law answerable for the neglects and misdemeanors of said officer, agreeably to the statutes in this case provided.
Which report is voted to be accepted.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the last Tuesday in September, 1743.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
Upon the petition of Elizabeth Munday, of Newport, in the county of Newport, widow, craving an allowance of the account of her late husband, Richard Munday, deceased, against the colony house ; and also for his advice and attendance re- specting the building thereof, and for drawing a plan of the same ;---
It is thereupon voted and resolved, that Peter Bours, Esq., and Capt. Jeremiah Lawton, be, and they are hereby appointed a committee, to consider what shall be allowed to the petition- er, for her late husband's advice and attendance, &c., about the colony house, and drawing a plan thereof, and make report thereon.
God save the King.
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RECORDS OF THE COLONY OF RHODE ISLAND [1743.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Wednesday of October, 1743.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, Comfort Taylor, of Little Compton, in the county of Bristol, and Province of the Massachusetts Bay, widow, did, by petition, set forth to this Assembly, that at a court of equity, held at Providence, within and for said colony, on the second Tuesday of October, instant, the petitioner obtained a judgment against a negro man, named Cuff, belonging to Thom- as Borden, of Portsmouth, in the county of Newport, for £200, and costs of suit, for a grievous trespass, committed by said Cuff, against her ; and that, as the execution will go against his person to be imprisoned, according to the common form of executions, it is not clear that the sheriff can dispose of him, which she apprehends he ought to have power to do, because said negro is not free, but a private property ; and therefore prayed that the said sheriff might be empowered to sell him, as other personal estate, taken by execution, to satisfy debts ; and considering the great abuse she has suffered, and the charge that will come out of said negro, for prison fees, she de- sired that the fine of £20 against said negro Cuff might be remitted, otherwise she should get nothing for all the hardships she has endured ;-
Upon consideration whereof, it is voted and resolved, that the sheriff of the said county of Newport, when he shall receive the execution against the said negro Cuff, be, and he is hereby fully empowered to sell said negro Cuff as other personal es- tate ; and after the fine of £20 be paid into the general treas-
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ury, and all other charges deducted out of the price of said ne- gro, the remainder to be appropriated in said satisfying said execution.
Voted and resolved, that His Honor, the Governor, write a letter in answer to the agent's letter relating to the naval offi- cer, and present the same to this Assembly as soon as conven- iently may be, in order to be sent home.
God save the King.
[The following laws of a public nature, passed during the year 1743, are printed at length, in the Digestof 1747.]
An Act to prevent all persons from voting in any town meet- ing in this colony, saving in the town where such person dwells.
An Act directing the manner of choosing grand jurors through- out this colony.
An Act directing the attendance of the petit jurors and wit- nesses at the courts in this colony.
An Act to prevent the fish being stopped in their course up Pawcatuck river.
An Act for the preventing the counterfeiting of bills of public credit emitted by any of the governments of New England, and to prevent defacing the same .**
An Act to prevent persons convicted of counterfeiting bills of public credit, or any other forgery, from proxing or voting in this colony, or from being chosen to any office.
* So much had the colonies suffered by the counterfeiting of their bills of credit, that the most severe penalties were necessarily inflicted, to put a check to it. In the act in question, it was provided that " persons so offending therein, shall be pilloried, and have both his, her or their ears cropped, and be branded with the letter R, on each cheek, and be imprisoned at the discretion of the judges for the time being, before whom all such offenders shall be tried, and shall pay double damages to all persons defrauded or cheated, with all costs of prosecution ; and double interest during the time of possessing said bill or bills." Furthermore, " that all deeds or other instru- ments of lands or personal estate, made by persons convicted of counterfeiting, shall be void."-J. R. B.
VOL. V. 10
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RECORDS OF THE COLONY OF RHODE ISLAND [1744.
An Act for the greater ease of the inhabitants in discharging their debts due to the colony.
An Act to prevent the unnecessary quashing of justices' orders in case of bastardy.
An Act for the more effectual calling in and exchanging the public bills of credit of this colony, emitted in 1740.
An Act for the more effectual punishment of negroes, that shall attempt to commit a rape on any white woman.
An Act for restoring Silas Greenman, of Westerly, to his for- mer rights and privileges, as a freeman of this colony.
An Act for stating the prices of ferriage at the several ferries in this colony.
An Act stating the fees of the collector of His Majesty's cus- toms, and the naval officer in this colony.
An Act establishing the fees of the court of vice admiralty. this colony.
An Act for settling and ascertaing damages upon protested bills of exchange.
Letter from Governor Shirley to Governor Greene.
Boston, January 29, 1744-5.
Sir :- Though I doubt not but that the interest of the common cause of New England, will sufficiently animate your government to exert themselves vigorously in the intended expedition against Louisburg, yet I would beg leave to add, that the exposed situation of your colony by sea, and the resentment of the enemy, against it, on account of the activeness of your privateers, make it particularly prob- able that you may have a sudden visit from the French, this summer, if Cape Briton is not reduced.
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