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 7
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The gentlemen who deliver this, will apprise Your Honor how essential it is, to_ wards our proceeding in this important affair, that we should have a naval force be- fore Louisburg, by the beginning or the middle of March, at furthest, to cut off the enemy's provision vessels, and intercept Mr. Duvivier, who is expected about that time with recruits for the garrison ; which latter event must be so killing a blow to the people of the town and garrison, that it would not fail of being deci- sive ; and they will also let you know what this government has done, and what applications I have made towards providing such a naval foree ; I hope, therefore, you will not fail to exert yourself in this respect. They will further inform you how necessary it is that we should have a proper train of artillery, which should be four pieces, of eighteen pound shot, to twenty-four pound ; of which sort, we have not, sufficient in our castle; and I therefore hope you will contribute your quota, also in this respect.
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I doubt not but our united force, vigorously exerted upon this occasion, in con- junction with His Majesty's other neighboring colonies, will meet with success, which I hope will be the event of this expedition, and am, sir,
Your Honor's most obedient humble servant,
W. SHIRLEY.
Hon'ble Governor Greene.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providenee Plantations, at South Kingstown, the 14th day of February, 1743-44.
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
An Act for emitting the sum of £40,000 in bills of public credit, of the new tenor, to be let upon loan.
Protest.
We, the subscribers, dissent from the foregoing vote, and protest against it, for the following reasons :
1st. Because the interest to be paid by those who take up the bills emitted by this act, is so low, and the principal to be paid in again at such distant periods, that it will necessarily depreciate their value, as well as frustrate one of the principal ends of emitting, and letting them out upon loan, which is to defray the charges of the government.
2d. Because we think that making so large a bank at this time, will be of most pernicious consequence to the trade of this colony, by so much depreciating our whole paper currency, that it may bring on a discount between our bills and those of the neighboring governments, (being what they once aimed at), which when once begun, no one can tell where it will stop, and must introduce the utmost difficulties and confusion in our trade with the inhabitants of those governments, upon which our foreign trade so much depends.
3d. Because this emission will make so large an addition to that load of bank mortgages already upon the lands of this colony, that posterity will never be able to discharge them, but must unavoidably end in the utter ruin of a vast number of families.
4th. Because we look upon it to be highly unjust to make an act that will naturally and necessarily depreciate the bills already extant, whereby all creditors
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will be defrauded of a great part of their just dues ; widows and orphans, whose in- terest consists of money, will be greatly injured and oppressed, all industry dis- couraged, and idleness, extravagance and extortion highly encouraged to the mani- fest hurt and dishonor of the colony.
5th. Because we apprehend it will greatly endanger our most valuable charter privileges, and be looked upon as a presumptuous and undutiful piece of con- duet, to add one large emission to another, and of such a pernicious tendeney, after so many instructions, admonitions, and commands to the contrary, which have been sent to this colony, both from the then lords justices, and from the lords com- missioners of trade and plantations, as well as the votes of the Honorable House of Commons, showing their disapprobation of such a paper currency ; all which have been now read in this house.
6th. Because, as we apprehend, that this fatal aet will be attended with all the pernicious consequences before mentioned, we would have the whole colony as well as posterity, know that we have not been instrumental in their ruin and misery, but have endeavored, (as much as in us lay,) to preserve and transmit down to pos- terity the privileges and properties which their ancestors obtained and earned with so much hazard, labor and expense.
SAMUEL WICKHAM, JOSEPH JACOB,
JOIIN TILLINGHAST, BENJAMIN HALL.
[A protest was also presented by Peter Bours, another mem- ber of the Assembly, against the passage of the act referred to. It is omitted here, on account of its length.]
An Act repealing an act made in the fifteenth year of His present Majesty's reign, entitled " An act for appointing and erecting a court of equity, to hear and determine all appeals in personal actions, from the judgments of the superior court," and for granting reviews in personal actions.
Whereas, it is found, by experience, that the trials of causes by the said court of equity is inconvenient, and a great griev- ance to the inhabitants of this colony ;-
Be it therefore enacted by the General Assembly, and by the authority of the same, that the said act, and every clause thereof, be, and it is hereby repealed, and made null and void ; and that the said court be, and it hereby is dissolved and abolished.
And be it further enacted by the authority aforesaid, that all the records of said court shall be lodged and remain in the secretary's office, and that they be, and remain as valid ; and all copies extracted therefrom, and attested by the secretary,
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shall be as authentic, to all intents and purposes in the law, as if the said court of equity were still in being.
And be it further enacted by the authority aforesaid, that all executions upon any judgments obtained in said court, and not satisfied, shall be hereafter granted forth by the secretary, and be returnable into his office, on such days, as would have been the first days of said court of equity's sitting, had not the same been hereby abolished.
And be it further enacted by the authority aforesaid, that all writs of scire facias, upon any judgment obtained in the said court of equity, shall be brought before the judges of the supe- rior court of judicature, who are hereby authorized and empow- ered to take cognizance of the same, in the same manner they might have done, if the said judgments had been obtained in the said superior court.
And, to the end that there may be no failure of justice, and that no person or persons be foreclosed by any judgment, where they might, upon a new trial, be provided with new and further evidence for their defence ;-
Be it enacted by the authority aforesaid, that the person or persons that shall be aggrieved at any judgment of the superior court, shall, and may have liberty to bring a writ of review, and thereupon have another hearing of said cause, in the said superior court.
Provided, the said party hath obtained a judgment in the said cause, either at the inferior or superior court, and no other person whatsoever ; and the party bringing such writ of review, shall bring an attested copy of the whole ease, and each party shall have the benefit of any new and further pleas and evidence ; and the party who shall recover judgment in such action of review, shall recover all lawful costs by him at any time before expended in said suit.
And be it further enacted by the authority aforesaid, that when and so often as it shall happen, that both parties shall bring actions of review to the superior court in the same cause, that then, and in such case, the writs in both actions, and all the evidence of both parties, shall be committed together by
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the court to the same jury, in order to confirm, reverse or alter the former judgment of the superior court, according to law and justice ; and the party who shall recover judgment, shall recover the whole costs of both suits.
Provided, that no action of review shall be brought after the expiration of one year from the time of rendering the judg- ment to be reviewed, and that the said writ or summons of re- view, shall be taken out and served thirty days before the sit- ting of said court to which such action of review shall be brought ; and the reasons of such review shall be therein con- tained, saving to any infant, feme covert, or person non com- pos mentis, or beyond sca, one year after such impediment be removed, to bring their writ of review, as aforesaid.
And be it further enacted by the authority aforesaid, that execution shall not be stayed or suspended, by reason of any such action of review ; and that any judgment given in any action of review, shall no ways hinder the party who shall be aggrieved thereat, to appeal to His Majesty in council, in all cases where the law of this colony permits and allows the same.
And be it further enacted by the authority aforesaid, that the sheriff's, or their deputies, shall take good and sufficient bail in all writs of review that shall be directed to them, to answer the judgments that shall be thereon given ; and where the body of the defendant cannot be found, nor sufficient estate be found to attach, to answer the said actions of review, that then, and in such case, it shall, and may be lawful for the sheriff, or his deputy, to attach the money, goods or land by him received, seized or attached by virtue of the execution taken out in pursuance of the former judgment obtained, if the same be remaining in his hands, or unsold at the time of his receiv- ing the said writ of review.
Provided, nevertheless, and it is the true intent and meaning of this act, that the same, and every part thereof, shall take place and be in force the first Wednesday in May next ensuing the date hereof, and not before; any thing herein contained, or any law, custom or usage to the contrary hereof, in any wise, notwithstanding.
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Whereas, Peter Bourse, Samuel Wiekham and Edward Scott, Esqs., were appointed a committee to examine into the conduct of the court of vice admiralty, relating to the condemnation of the sloop Gertrude, Samuel Baal, commander, did report, that they had procured a copy of the case, and examined Samuel Pemberton, Esq., late deputy judge of said court, who informed them, that he had no other reasons to give, why he condemned said sloop, than those he had assigned in the body of his decree.
Which report is voted to be accepted.
Voted and resolved, that the Hon. Joseph Whipple, Esq., Peter Bours and Samuel Wickham, Esqs., be, and they are hereby appointed a committee to prepare a letter for His Honor, the Governor, to sign, and send the same to their ex- cellencies, the lords justices, respecting the condemnation of the sloop Gertrude, and to send home a copy of the decree of the court of vice admiralty concerning said condemnation ; and that said committee send, by the first good opportunity, £150 to the agent of this colony ; and they are hereby empowered to draw money out of the general treasury to sufficient to pur- chase said sum, in bills of exchange, gold or silver, for the pur- pose aforesaid.
Governor Greene's Letter to the Duke of Newcastle.
Newport, Rhode Island, March 15, 1843.
My Lord :- In obedience to the directions of their excellencies, the late lords jus- tices, to me, to procure and send the proceedings of the court of admiralty, here, upon the trial of a barque, of Curraco, called La Gertruyda, Capt. Samuel Baal, com. mander, taken near Rio de la Hache, by three English privateers, commanded by Robert Flowers, John Rows and William Wilkinson, and condemned in the court of admiralty, in this colony, and divided among the captors, (which Mr. Hop, minister from the States General of the United Provinces, complains of, as contrary to the treaties subsisting between His Majesty and the States), together with a full account of the reasons which induced the said court to proceed to the condemnation of her. I have procured the enclosed authentic copy of the trial of the said barque, from the records of the admiralty court ; and a committee of the General Assembly of this colony has been appointed to inquire of the late deputy judge (who is now a prisoner for debt), what reasons he had to induce him to proceed to the condemna- tion of said barque, who replied, that he had no other reasons to render but those he had assigned in the body of his decree. So that I am not able to give your grace
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any further account, but humbly hope, that, as this court, which has the sole cogni- zance of prizes, is wholly independent of any authority in this colony, that the Governor and Company will never be thought liable to censure on account of any judgment in that court, that may be thought owing to the mistakes or passions of an ignorant or indigent person ; that without their consent or knowledge, may be de- puted to judge and determine singly in matters of such high and public concern- ment. I am, with great respect, my lord,
Your Grace's most humble and most obedient servant,
To His Grace, the Duke of Newcastle. W. GREENE.
Voted, that Thomas Pearce, son of John; Abel Hall, Nicho- las Goddard, John Manchester, Jr., and Benjamin Corey, all of East Greenwich, in the county of Providence, be admitted freemen of this colony.
God save the King.
Letter from the Duke of Newcastle to Governor Greene.
Whitehall, March 31st, 1744.
Sir :- The French king having declared war against His Majesty, (as you will see by the enclosed copy of his declaration, for that purpose, which is full of the grossest and most indecent misrepresentations, and reflections upon His Majesty's conduct,) I am to acquaint you, by His Majesty's command, that on Thursday last, the 29th instant, a great council was held at St. James's, where His Majesty ap- proved, and has since signed, a declaration of war against the French king, and or- dered that the same should be published on this day, by the heralds at arms, in the usual places, and with the accustomed formalities on the like occasions ; which has been done, accordingly.
I send you enclosed, a printed copy of the said declaration, and am commanded to signify to you Ilis Majesty's pleasure, that you cause it to be proclaimed in the colony under your government, that His Majesty's subjects having this notice, may take care to prevent any mischief, which otherwise they might suffer from the enc- my, and do their duty in their several stations, to distress and annoy the subjects of the French king.
And His Majesty would have you be very rigorous and severe, in preventing any ammunition, or stores of any kind, from being carried to them; and you are to use all proper methods, that may be most effectual for that purpose.
I send you enclosed, Ilis Majesty's proclamation for the distribution of prizes taken by His Majesty's ships of war, or privateers, which, you will take care, may be published in the colony under your government; and you will do every thing in your power, to encourage His Majesty's subjects to fit out ships to act as privateers against the enemy ; and you will, upon the receipt of this letter, take all opportuni- ties, as far as depends upon you, to distress and annoy the French in their settle. ments, trade and commerce.
I am, sir, your most obedient humble servant, To the Governor of Rhode Island.
NEWCASTLE.
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 1st day of May, 1744.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
ASSISTANTS.
Mr. Peter Bours,
Mr. Philip Greene,
Mr. William Ellery,
Mr. Daniel Coggeshall,
Mr. William Burton, Mr. Rouse Helme.
Mr. Stephen Hopkins, speaker, and Mr. Josias Lyndon, clerk.
The following are admitted freemen of the colony : .
Of Newport, Miller Frost, Elisha Johnson, Timothy Newell, Jonathan Nichols, vintner ; James Tanner, Jonathan Bardin, Lawrence Payne, Matthew Robinson, Samuel Carr, son of Sam- uel ; Kendall Nichols, Jr., William Benson, Nathan Carpenter, John Coggeshall, son of Abraham ; John Rouse, James Ger- rald, William Gibbs, Job Almy, Ephraim Harris, Solomon Sen- ter, Charles Coombs, Daniel Smith, William Torrey, John Brown, son of Samuel ; Peleg Clarke, Daniel Coggeshall, John Amory, Joseph Bull, Ebenezer Baldwin, John Belitho, South- cote Langworthy, Jonathan Lawton, son of Jeremiah ; Benja- min Cranston and John Tanner.
Of Providence, Seth Dean, Jonathan Bucklin, Benjamin Gorham, Jonathan Hammond, John Jenckes, John Wilkinson, Jeremiah Knight, Jeremiah Westcot, Moses Burlingame, Jr., VOL. V. 11
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Christopher Waterman, James Irwin, Benjamin Brown, John Aplin, David Harris and Samuel Chace.
Of Portsmouth, John Dexter, Jr., Jacob Mott, Jr., Benjamin Freeborn, David Earle, Thomas Manchester, Thomas Brownell, Samuel Clarke, Silas Talman, Benjamin Fish, Jonathan Allen, Caleb Allen, George Lawton, Robert Lawton, Jr., Thomas Slo- cum and Joseph Martin, Jr.
Of Warwick, Benjamin Clarke, Jeremiah Colegrove, Benja- min Ellis, Benjamin Arnold, William Battey, Anthony Holdon, Daniel Budlong, Silas Baker, James Cook, Matthew Prince and Thomas Tibbetts.
Of Westerly, William Crumb, Jr., Thomas Pendleton, Na- thaniel Cotterel, John West, William Davis, Jr., John Champ- lin, Caleb Maxson, Jonathan Palmitter, Jr., Thomas Wells, Jr., Thomas Rathbone, Andrew Champlin, Rice Nicholas, Stephen Saunders, Jr., Elisha Stillman and Gideon Worden.
Of New Shoreham, Abel Franklin, Jr., Nathaniel Mott and Nathaniel Dodge.
Of North Kingstown, Thomas Turgee, Nathaniel Berry, Benjamin Greene, Thomas Cooper, William Dyre, Samuel War- ner, James Boone, Charles Brown, Jr., Nicholas Watson, James Douglas and John Vaughan, Jr.
Of South Kingstown, William Potter, son of John; Abiel Shearman, Joshua Bell, Jonathan Shearman, Joseph Hull, Wil- liam Briggs, John Potter, son of Ichabod ; David Stanton and Jeremiah Browning.
Of East Greenwich, Benjamin Sweet, Jr., William Spenser, son of Peleg ; John Spenser, Jr., John Gardner, schoolmaster; David Vaughan and Daniel Vaughan, sons of Robert.
Of Jamestown, Benedict Remington and William Martin.
Of Smithfield, Maturin Bellou, Jr., Stephen Inman, Silvanus Aldrich, John Sayles, Jr., Anthony Comstock, Samuel Cook Roger Derby, Samuel Aldrich, son of Samuel ; Ezekiel Angel, Daniel Smith, son of Elisha ; Benj. Wilkinson, Jos. Carpenter. John Scott, Jr., Resolved Waterman, Jr., Abraham Winsor, John Windsor, John Tredwin, Baulston Brayton, John Knox, Samuel
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Buxton, Benjamin Buxton, Benjamin Thompson, Thomas Man, Oliver Man, Thomas Woodward.
Of Scituate, John Hulet, Ezekiel Hopkins, Jr., John Pray, John Weight, Noah Fisk, Uriah Franklin, Jonathan Hopkins, Samuel Corpe, Jr., Stephen Williams, William Salsbury. John Herenden, Jr., Oliver Westcot, John Sprague, Nathaniel Kimbell, Joshua Eddy, Gideon Smith, David Aylsworth, Ben- jamin Colvin and Ebenezer King.
Of Gloucester, Eliphalet Weight, William Herenden, John Grover, Thomas Knolton, John Davis, Elias Smith, Noah Ar- nold, Obadiah Inman, John Whipple, Ebenezer Darling, James Cowen, George Bumpus, Eliphalet Eddy, Ebenezer Howard, Benjamin Phetteplace, Noah Aldrich, Jonathan Cutter, Stephen Smith, Jr., and Nathaniel Man.
Of Charlestown, John Ladd, Ichabod Closson, William Welch, David Nichols, William Potter, Jr., Jonathan James, John Willbore, Joseph Woodmansie, Jr., Lott Tripp, David Moore, Stephen Willcox, Jr., William Congdon, Samuel Stan- ton, Joseph Dodge and David Babcock.
Of West Greenwich, Isaac Johnson, Arthur Aylesworth, son of John ; Daniel Case, Joseph Dolliver, John Reynolds, son of Samuel; John Young, Amos Jones, James Willson, Henry Mat- tason, son of Henry ; John Greene, Jr., Robert Willson, Josiah Sweet, Jeremiah Ellis, Jr., Joseph Spenser, Ezekiel Whitford, John Case, Jr., Chad Aylesworth, Thomas Rogers, Robert Car- penter, Robert Briggs, Benjamin Rogers, Thomas Thurston, Samuel Niles, Amos Mattason and Timothy Carpenter.
Of Coventry, Thomas Brayton, William Burlingame, Stephen Colvin, Anthony Corey, Job Potter, Uriah Stafford, James Greene, Jr., Stephen Cappel, Stephen Nichols, Roger Burlin. game, Thomas Stafford, Jr., Thomas Stafford, son of William ; Adam Caston and Samuel Perkins.
Of Exeter, Robert Mowrey, Robert Reynolds, Moses Barber, Jr., Nicholas Barber, John Rathbone, Jr., John Champlin, Jede- diah Irish, Samuel Gardner, Joseph Rogers, John Reynolds, son of John ; James Eldred and George Weight.
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RECORDS OF THE COLONY OF RHODE ISLAND [1744.
Of Middletown, Benjamin Smith, Isaac Manchester, Samuel Rogers, Jr., Samuel Allen, James Peckham, Jonathan Peck- ham, Joseph Nichols, Benjamin Nichols, Elisha Weaver, Thomas Weaver, son of Thomas Weaver, Jr., and Joseph Rider.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Newport, the 2d day of May, 1744.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.
DEPUTIES.
Newport.
Mr. Samuel Wickham, Mr. Peter Coggeshall, Mr. John Tillinghast, Col. John Cranston, Mr. Joseph Jacob, Major Benjamin Hall. Providence. Col. Jabez Bowen,
Mr. John Burton, Jr., Mr. Stephen Hopkins, Capt. Joseph Borden. Portsmouth.
Mr. Stephen Brownell, Mr. Gideon Freeborn, Jr., Mr. Benjamin Tucker, Mr. Joseph Brownell, Jr.
Warwick. Major Joseph Stafford,
Major John Rhodes,
Mr. John Holdon, Jr., Mr. John Warner. Westerly. Capt. John Maxson,
Mr. William Babcock. New Shoreham. Capt. Edward Sands, Mr. Thomas Dickens. North Kingstown.
Col. Immanuel Northup, Mr. Daniel Gould. South Kingstown.
Capt. Robert Hassard, Mr. James Perry.
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DEPUTIES.
East Greenwich. Mr. Joseph Frye, Mr. Joseph Nichols. Jamestown. Mr. Samuel Clarke, Mr. Daniel Weeden. Smithfield. Major William Smith, Mr. Thomas Steere. Scituate. Capt. Job Randall,
Mr. Jeremiah Angell. Glocester.
Capt. John Smith,
Mr. Richard Steere.
Charlestown. Mr. Stephen Hoxie, Col. Christopher Chmplain. West Greenwich. Mr. Joseph Slocum, Mr. Benjamin Spink. Coventry. Capt. Abel Potter, Mr. John Johnson. Exeter. Capt. John Weight, Capt. John Reynolds. Middletown. Mr. Daniel Gould, Mr. John Taylor.
Mr. Stephen Hopkins, speaker, and Mr. Josias Lyndon, clerk.
The following officers declared elected, were duly engaged.
The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.
ASSISTANTS.
Mr. Benjamin Hassard,
Mr. William Ellery,
Mr. William Burton,
Mr. Richard Fenner,
Mr. Daniel Howland,
Mr. Robert Lawton,
Mr. James Arnold,
Mr. William Rice,
Mr. Daniel Coggeshall,
Mr. Rouse Helme.
SECRETARY. Mr. James Martin.
ATTORNEY GENERAL. Mr. Daniel Updike.
GENERAL TREASURER. Mr. John Gardner.
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Whereas, there are sundry appeals from the superior court of judicature, to the court of equity, which remain yet unde- termined, and said court of equity being now dissolved ;-
It is therefore resolved, that William Ellery, Esq., Messrs. Samuel Wickham, Joseph Jacob and the attorney general be, and they are hereby appointed a committee to consider of a remedy in said affair, and prepare a bill for that purpose, and present the same to the next session of this Assembly.
Voted and resolved, that Col. John Cranston be, and he is hereby appointed to procure for the use of Fort George, five barrels of gunpowder, and so much shot as he shall think ne- cessary, as soon as may be, and draw money out of the general treasury to pay for the same.
Whereas, Peter Bours, Samuel Wickham and Daniel Gould, Esqs., and the secretary, being the major part of the committee appointed by the General Assembly, at their session in Febru- ary last past, to receive from Mr. James Helme (one of the committee appointed to exchange the bank emitted in A. D. 1740), what money has been exchanged by him, did report that they had received from the said James Helme the sum of £1,409 1Ss. 10d., in the new tenor of several denominations, and burnt the same, pursuant to the vote of said General Assembly ;-
It is thereupon voted and resolved, that the said report be accepted.
God save the King.
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the fourth Tuesday in May, 1744.
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, it has been heretofore customary for the grand committee to give one another orders upon the general treasu ry, for paying themselves for signing of bills of credit, which is conceived to be very irregular ;-
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