Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 9

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 9


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RECORDS OF THE COLONY OF RHODE ISLAND [1745.


An Act granting a salary to one of the committee that shall give bond to take care of the mortgages and tenth bonds, belonging to the colony.


An Act granting additional fees to the clerks of the several courts, and the town clerks, for recording and copying all writings.


An Act for putting this colony in a posture of defence, in the present war.


An Act for fitting out the colony's sloop Tartar.


An Act for the relief of persons of tender consciences.


An Act for the augmentation of fees to the attorney general.


An Act for ascertaining what estate is ratable, and for proportioning the same in value.


An Act for allowing a lottery of £15,000 for building a bridge over Wey bosset river, at Providence.


An Act for taking off the bounty upon hemp, flax, whale oil, codfish and whale bone.


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, the 5th day of February, 1744-45.


The Hon. William Greene, Governor.


The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


An Act for fitting out the colony sloop, in order to join the forces of the Province of the Massachusetts Bay, on an expe- dition against Cape Breton.


Whereas, there is an expedition began by the Province of the Massachusetts Bay, in order to reduce Cape Breton, and the assistance of this colony has been requested in said expedi- tion ;-


Be it therefore enacted by the General Assembly, and by the authority thereof it is enacted, that the colony sloop Tartar, be immediately equipped with all necessary warlike stores, by the commissary, and manned with a number of good able seamen, not exceeding one hundred and thirty ; and that all sorts of provision be put on board said sloop by the commissary, also, for four months, according to the allowance stated by law of this colony ; and after she be so equipped and manned with a number


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of volunteers, that she immediately proceed to join the forces raised by the Province of the Massachusetts Bay, at the place of rendezvous, that shall be appointed by that government ; and that she continue in that service, and be subject to the commo- dore, or council of war, of the naval forceof the aforesaid expedi- tion, until the 1st day of June next, if there be occasion of the continuing there so long ; at which time, she shall return di- rectly to this colony, unless the captain shall receive further instructions from this government.


And be it further enacted by the authority aforesaid, that the officers and the men belonging to said sloop, shall have and receive the same wages that were stated by an act of the Gen- eral Assembly, made and passed in June, A. D. 1744; and that they be entitled to all prizes and plunder that they shall take in the said expedition, in the proportion stated in and by said act ; and that each man be paid one month's pay in ad- vance, before their sailing from this colony.


And be it further enacted by the authority aforesaid, that for the defraying the charges and expenses of said expedition, the sum of £2,500, in bills of credit of the new tenor, be im- mediately struck off upon the large plate, that was made for the last bank ; and that the same be signed by the grand com- mittee, and delivered to the general treasurer, for that pur- pose ; and that the same be called in and sunk by a tax upon the inhabitants of this colony, the one-half in the year 1748; and the other half in the year 1749; which taxes shall be as. sessed upon the inhabitants of this colony according to the polls and value of their ratable estates in each town of said colony ; and that a captain and lieutenant be appointed for said sloop Tartar, and commissioned ; and that the instructions be given to the said captain, by His Honor, the Governor, agreeably to this act.


An Act for laying an embargo on vessels bound to sea, on any emergent occasion.


Be it enacted by the General Assembly, and by the authori- ty thereof it is enacted, that the Governor of this colony, for


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RECORDS OF THE COLONY OF RHODE ISLAND [1745.


the time being, be, and he is hereby fully empowered, by, and with the advice of his council, to lay an embargo on all vessels in this colony, from time to time, and at all times hereafter when the same shall to him appear needful.


God save the King.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at East Greenwich, on the first Monday in March, 1744-5.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.


An Act in addition to, and in amendment of an act made and passed by the General Assembly, held at Providence, (by virtue of His Honor, the Governor's warrant,) on Tuesday, the 5th day of February, Anno Domini 1744, entitled " An act for the fitting out of the colony sloop, to join with the forces of the Massachusetts Bay, in an expedition against Cape Breton."


Whereas, the reducing of the island of Cape Breton to the obedience of His Majesty, is of the utmost importance to all His Majesty's dominions, and especially to the provinces and colonies in New England ; and this colony being willing and desirons to contribute as much as in their power, in joining the forces of the said Province of the Massachusetts Bay, and the other governments concerned in the expedition against said place, and it being thought proper by this Assembly to make an addition to the forces granted in, and by said act ;-


Be it therefore enacted by the General Assembly, and by the authority of the same, that the number of one hundred and fifty men be enlisted as soldiers (exclusive of commissioned officers) in order to go in said expedition ; and that the said men be di-


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vided into three companies, to each of which companies, there shall be appointed by this government, one captain, one lieu- tenant, and one second lieutenant or ensign ; which officers shall be accordingly commissionated by His Honor, the Gov- ernor ; and all subaltern officers, for the said companies, shall be appointed by the commissioned officers, out of the men which they shall enlist.


And be it further enacted by the authority aforesaid, that the officers and soldiers which shall be enlisted as aforesaid, shall receive the following pay, in the old tenor, yiz. :


A captain, £18 per month.


First lieutenant, £12 per month.


Second lieutenant or ensign, &8 per month.


A sergeant, £6 8s. per month.


A corporal, £5 12s. per month.


Drummer, £5 12s. per month.


Each private soldier, £5 per month.


And that one month's pay be advanced to each officer and soldier before they embark in said expedition.


And as a further encouragement for them to enlist in said service ;-


Be it enacted by the authority aforesaid, that each soldier who shall enlist in said service, shall have given him the sum of £6, in bills of the old tenor, as a bounty ; and also, a blanket ; and that the officers and soldiers shall be entitled to all the plunder they shall take in the said expedition ; and no officer shall have a greater share thereof than a private soldier ; and that they both, officers and soldiers, shall be discharged as soon as the expedition is over, and shall be exempt from all impress- es to any military service, for the space of two years after their return.


And be it further enacted by the authority aforesaid, that no volunteer, who hath already enlisted, or shall enlist into His Majesty's land or sea service, in the said expedition, shall be liable to be arrested, or his goods or his real estate attached by any process or execution, whatsoever, (other than for some


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criminal matter,) for, and during the space of six months, ex- cept they should return from the said expedition before the ex- piration of that time, unless for a real debt, or other just cause of action, not under the sum of £100 of the old tenor; and before the taking out such process, not being for a criminal matter, the plaintiff, or some person in his behalf, shall make affidavit before one or more judges of any of the courts of record in this colony, that to his knowledge the sum is justly and really due to the plaintiff from the defendant, in the action on which such process shall issue, or that the debt or damages besides the costs for which such execution shall be issued out, amounts to £100; which affidavit shall be certified by said judge or judges upon the back of said writ or execution, before they are delivered to the sheriff.


And if any person shall be arrested, or their goods or real estate attached, contrary to the intent of this act, it shall be lawful for any judge or judges of such court, on complaint by the party himself, or by his superior officer, to examine into the same, by the oath of the parties or otherwise, and by a warrant under his hand and seal, directed to the sheriff or offi- cer in whose custody the said soldier or his goods or real estate is detained, to discharge such soldier so arrested, or such goods or real estate so attached, on due proof made before him, that such soldier was legally enlisted in said service, and arrested, or his goods or real estate attached contrary to this act.


And be it further enacted by the authority aforesaid, that the number of one hundred and thirty men, which was ordered in, and by the said act of Assembly, to be embarked on board the colony sloop going in said expedition, shall be, and they are hereby reduced to the number of ninety ; and that the commander of said sloop, and the commissary, govern themselves accordingly.


And be it further enacted by the authority aforesaid, that Capt. Jonathan Nichols and Capt. John Tillinghast, be a com- mittee to hire a convenient vessel, to transport the said officers and soldiers in the said expedition.


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And that the commissary procure a sufficient quantity of provisions, stores, arms, ammunition, and all other necessaries, for the aforesaid number of soldiers during the said expedition, and that the soldiers be allowed each half a pint of rum per day ; and that the commissary make use of the colony's arms for the use of said expedition, if there be a sufficient number over and above what are to be made use of for the colony's sloop.


And be it further enacted by the authority aforesaid, that the sum of £2,500, in bills of credit of the new tenor, which was enacted and ordered to be emitted in, and by the said act of Assembly, for defraying the charges of equipping and manning the colony sloop to go in the aforesaid expedi. tion, be, and it is hereby augmented to the sum of £6,250, of the new tenor, which sum shall be struck off and signed in manner as directed in, and by the said act; and shall be ap- propriated for the defraying the charge and expense of both the land and sea forces, which are ordered to be sent in the said expedition ; and the same shall be called in and sunk by a tax on polls and ratable estates of the inhabitants of this col- ony, in the following manner, viz. :


One-fourth part thereof to be levied in the year 1748; one- fourth part in the year 1749; one-fourth part in the year 1750 ; and the remaining fourth part in the year 1751, which taxes shall be proportioned to the several towns in this colony according to the number of polls, and the value of the ratable estates in each respective town.


An Act for encouraging soldiers to enlist to go in the intended expedition against the French settlements on the island of Cape Breton, in the pay of the Province of the Massachu- setts Bay.


Whereas, Capt. Godfrey Malbone has laid before this Assem- bly several letters from His Excellency, William Shirley, Esq., Governor of the Province of the Massachusetts Bay, wherein it is proposed, that a regiment, consisting of five hundred men be speedily raised in this colony, for the aforesaid service, and to VOL. V. 14


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RECORDS OF THE COLONY OF RHODE ISLAND


[1745


be paid by the said Province ; and this Assembly being willing to give all due encouragement to a sufficient number of able men to enlist as volunteers in said expedition ;-


Be it therefore enacted, that each and every soldier, which hath been, or shall be enlisted by the said Godfrey Malbone, as aforesaid, shall receive from this government the sum of forty shillings, old tenor, as an additional bounty to what is allowed by the said Province, to be paid before they depart out of this colony, viz .: three hundred and fifty soldiers, if so many shall en- list ; but if not, to as many as shall enlist, not exceeding that number.


And be it further enacted, that all soldiers who have already enlisted, and shall enlist in said service, as aforesaid, shall be exempt from any process or processes in civil actions, as fully and in the same manner, as those who shall be enlisted for said expedition in the pay of this colony.


And be it further enacted by the authority aforesaid, that the said Godfrey Malbone be hereby fully empowered and au- thorized to command, lead and conduct all such soldiers so enlisted, from the places where they shall be enlisted, till they come into the Province of the Massachusetts Bay.


Voted and resolved, that George Taylor, Esq., and Lieuten- ant William Smith, both of Providence, be, and they are here- by appointed, and fully empowered to enlist soldiers into the service of this government, to go in the expedition against Cape Breton, not exceeding the number of one hundred and fifty men ; and what money the said Taylor and Smith shall necessarily expend on said affair, shall be reimbursed to them.


Voted and resolved, that the land forces to be raised in this government, to go in the expedition against Cape Breton, be billeted out by the several captains, under whom they enlist, in the cheapest manner, till they embark, at the expense of the government.


And that the several captains, be, and they are hereby em- powered to receive of the commissary, the bounty money, wa- ges and blankets, pursuant to the law of this colony, to distrib- ute amongst their respective soldiers.


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Whereas, the two deputies, and divers of the inhabitants of the town of New Shoreham, in the county of Newport, did rep- resent to this General Assembly, the poor, defenceless condition they now labor under in this present war, and craved some as- sistance from the government for their better security ;-


It is thereupon voted and resolved, that twenty-one soldiers be sent to said New Shoreham, by the 20th day of April next ensuing ; seven out of each county, to be enlisted and sent by the colonels of each county, and there to remain (upon the establishment as those which were sent there last year) until the return of the colony sloop from the expedition against Cape Breton, or till further order from the General Assembly.


Voted and resolved, that the secretary write in behalf of this colony, to the secretary of the Province of the Massachusetts Bay, that his letters of the 18th of October last past, and the 2d of this instant March, are but just come to hand; that we know of none of those rioters being within this colony ; and that the authority of this government has been, and will at all times, be ready to discountenance any persons that shall fly from the justice of that province, upon proper application being made to us ; and that if any persons be appointed to apply to the authority of this government for the aid thereof, in search- ing after any of those rioters, they shall have all due assistance.


Voted and resolved, that in case any of the officers appointed to command the companies to be raised for the expedition against Cape Breton, should refuse or die, that His Honor, the Governor, be empowered and requested to appoint others in their room ; and that His Honor, the Governor, write to the Governor of Connecticut, and request that our forces be joined to their regiment ; and in case they refuse, that His Honor, the Governor, join them to one of the regiments of the Massa- chusetts Bay.


Whereas, divers of the inhabitants of the town of Warwick, of the county of Providence, did represent to this General As- sembly that there is a great necessity of building a bridge in the highway that leads across Pawtuxet river, from that place, called the Fulling Mill, through the lands of Wecocheconet and


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RECORDS OF THE COLONY OF RHODE ISLAND [1745.


Natick, and up to the town of Scituate, said highway being the most public for the inhabitants of that part of the country to pass in, both to mill and market; and during the winter sea- son, either by ice or floods, the river there is rendered useless to pass, so that the inhabitants and other travellers, are put to great difficulty, and obliged to travel some miles further in bad weather, and therefore prayed the assistance of this General Assembly, in allowing them a sum out of the general treasury for the building of said bridge ;-


It is thereupon voted and resolved, that the sum of £60 be allowed and paid out of the general treasury towards build- ing the said bridge, and the same to be drawn by Samuel Barton, Esq., (one of the petitioners,) when the said bridge is built and completed.


Voted and resolved, that His Honor, the Governor, write to the agent, and send him copies of the evidence taken in this house, respecting the supposed false certificate, whereby it is conjectured that a sum of money has been received by Capt. William Hopkins, of the paymaster general, for forces said to be enlisted on the Cuba expedition, and request of of him to advise with the paymaster general of the King's forces, thereof, and to use his endeavors that the certificate be sent to this government, to prosecute the offender or offend- ers concerned therein.


God save the King.


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Newport, the 3th day of April, 1745.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.


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1745.]


ASSISTANTS.


Mr. Benjamin Hassard,


Mr. James Arnold,


Mr. William Ellery,


Mr. Daniel Coggeshall,


Mr. Robert Lawton,


Mr. Peter Bours, speaker, and Mr. Josias Lyndon, clerk.


The following are admitted freemen of the colony :


Of Newport, Joseph Ireson, Oliver Child, John Chapman, Fones Haszard, Josias Coggeshall, Jr., John Tanner, Benjamin Jeffers, Robert Robinson, John Griffith, William Torrey, John Rogers, Jonathan Lawton, Nathaniel Grafton, Andrew Hunter, Benjamin Nichols, Ebenezer Clarke, William Arnold, John Goddard, son of Daniel ; George Goulding, Thomas Rodman, Robert Prior, John Thurston, James Perrin, Southcote Lang- worthy, Zephaniah Pease, John Borden, John Spooner, William Cranston, Jr., Joseph Harrison and Gindefer Lindee.


Of Providence, William Peirce, Samuel Chace, John Battey, Jonathan Whipple, Isaiah Hawkins, Joseph Dexter, John Brown, Jr., Joseph Carpenter, Josiah Olney, Jr., Stephen Sheldon, Oliver Angel, Joseph Comstock, Samuel Winsor, Jr., Dean Kimble, Moses Smith, John Dunbar, Daniel Die, John Briggs, Jr., Nathan Peirce, Thomas Edmonds, Samuel Westcot, Jr., Samuel Burlingame, John Corpe, Nathan Angel, Nedebiah Olney and William Corpe.


Of Portsmouth, Thomas Tripp, Richard Cornell, Clark Cor- nell, William Butts and Benjamin Talman.


Of Warwick, Azziakim Pearce, John Stone, Josiah Arnold, son of Josiah ; Stephen Greene, Thomas Rice, son of John Rice, Jr .; Rufus Barton, son of Rufus ; John Walton, Ebenezer Slo- cum, Pentecost Sweet, Benjamin Sweet, Adam Lockwood, Samuel Finney, Aaron Davis, Thomas Remington, Peter Comet, John Slocum, Oliver Carpenter, Benjamin Stone and Richard Estes.


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RECORDS OF THE COLONY OF RHODE ISLAND [1745.


Of Westerly, Hezekiah Collins, Ichabod Clarke, William Hadsall, John Porter, Richard Bennett, Ezekiel Lewis, Daniel McCoon, Jr., George Drake, Oliver Chase, Gideon Worden, Jonathan Potter, David Wilcox, Jonathan Burdick, John Page and Christopher Sugar.


Of North Kingstown, Hutchinson Clark, Samuel Shearman, John Reynolds, son of Peter ; Thomas Hill, Jr., Thomas Law- town, Thomas Bissell and Edward Cole.


Of South Kingstown, Caleb Gardner, Thomas Cotterell, Ben- edict Helme, Samuel Albro, Sanford Case, John Brown, Benja- min Baker, Nathan Tift, Samuel Wilson, Jeremiah Brown, Paul Niles, Benjamin Haszard, son of George ; and Robert Haszard.


Of East Greenwich, John Dexter, Jr., Obadiah Jenckes, Col- onel Carpenter, David Vaughan, Daniel Vaughan, John Nichols, Caleb Briggs, Wm. Case, John Gardner, son of Samuel ; Wm. Spenser, Jr., Jas. Andrew, Wm. Carr, Benj. Briggs, Jr., Sam'l Tarbox, Thomas Fry, the 3d, Jonathan Corey, Giles Pearse, son of John ; and John Wall.


Of Smithfield, Enoch Barns, Joseph Morey, son of Daniel ; Abraham Smith, Jr., Elish Morey, Richard Sayles, Jr., Joseph Smith, son of Joseph, John Wilkinson, Jr., Azariah Phillips, David Evans, Jr., Jonathan Bellow, Benjamin Lapham, Peter Bellow, Jr., and John Jenckes.


Of Jamestown, Edward Carr, Jr.


Of Scituate, John Howland, John Gilson, Stephen Wilbore John Mois, Eliza Collins, Jr., Christopher Relph, William Col- lins, Samuel Sprague, Daniel Tift, David Zeaw, William Blan- cher, Jr., Jonathan Mowry, Thomas Hudson, Jonathan Aldrich, Joseph Wethered, Joseph Slaughter, Nathan Bennett and Wm. Hammond.


Of Glocester, Henry Shippey, Joseph Shippey, Job Bartlet, Robert Colwel, Edward Bishop and John Chilson.


Of New Shorcham, William Dodge, Samuel Dodge, John Pain and Samuel Champlin.


Of Charlestown, Benjamin Breman, William Gorton, William


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Potter, Jr., Joseph Dodge, Peleg Cross, Richard Boss and Ed- ward James.


Of West Greenwich, Anthony Goff, Robert Hopkins, Matu- ran Albro, Thos. Wilson, Sam'l Spink, John Tillinghast, Ebene- zer Cahoone, Abner Goff, Thomas Joslin, Nicholas Whitford, son of Pascho ; John Dolliver, Joshua Gardner, William Hall, James Hopkins, son of Samuel ; James Hopkins, David Hop- kins, John Case, son of John, son of Joseph ; Henry Streight and Daniel Hill, Jr.


Of Coventry, Esek Bowen, Benjamin Corton, Joseph Colvin, John Letson, Robert Letson, Thomas Nichols, Caleb Colvin, Benjamin Andrew, Manser Cooper, Job Matthewson, James Gibson, Daniel Greene, Thomas Greene, Henry Greene, Nathan Goff, John Andrew, William Willson, Richard Herenton, Jr., John Skillion, Thomas Parker, Thomas Haven, Charles Hegin- bothan, Benoni Price, Benjamin Carpenter, William Phillips, James Lee, John Burlingson, William Phillips, Jr., Francis Brayton and Joseph Weaver, Jr.


Of Exeter, Jeremiah Wilkey, John Hall and Samuel Hall, Joshua Gardner, John Gardner, Jr., Peleg Tripp, Moses Shear- man, Joseph Potter, John Casey, Daniel Dawley, Nathaniel Dawley, Benjamin Bentley, Thomas Rathbone, Benjamin Pot- ter, James Moon, James Nichols, Samuel Baker, William Bar- ber, Stephen Wilcox, Thomas Lewis, Samuel Casey, Jr., and Samuel Mowry, Jr.


Of Middletown, Cornelius Clarke, Daniel Gould, Jr., Walter Easton and Jeremiah Rogers.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 1st day of May, 1745.


The Hon. William Greene, Governor.


The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


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[1745.


DEPUTIES.


Newport. Mr. Samuel Wickham, Mr. Peter Bours,


Mr. Joseph Scott,


Capt. George Wanton,


Mr. Jonathan Nichols, Mr. James Sheffield. Providence.


Mr. William Smith, Mr. George Brown,


Capt. Joseph Borden.


Mr. Ezekiel Warner, Portsmouth. Mr. Gideon Freeborn, Jr., Mr. Benjamin Tucker, Mr. Joseph Brownell, Jr. Mr. Adam Lawton. Warwick.


Mr. Jeremiah Lippett, Mr. John Rice, Jr.,


Capt. Josiah Arnold,


Mr. Benjamin Earlc. Westerly.


Mr. William Hern,


Capt. Nathaniel Lewis. New Shoreham.


Capt. Robert Hull, Mr. John Dodge. North Kingstown. Col. Immanuel Northup,


Mr. Thomas Allen.


South Kingstown. Capt. Robert Hassard, Major Thomas Haszard. East Greenwich. Mr. William Spenser, Mr. Giles Pearse. Jamestown. Mr. John Paine, Mr. Joseph Clarke. Smithfield. Mr. John Sayles, Mr. Thomas Arnold, Jr. Seituate. Capt. Job Randall, Mr. Ezekiel Hopkins. Glocester.


Mr. Richard Steere. Mr. Walter Phetteplace. Charlestown. Col. Joseph Stanton, Mr. Joseph Ilicks. West Greenwieh. Mr. Jeremiah Ellis, Mr. Thomas Streight. Coventry. Mr. Robert Greene, Mr. Benjamin Nichols. Exeter. Mr. Benoni Hall, Mr. Job Tripp. Middletown.


Mr. Robert Nichols, Mr. John Taylor.


Mr. Peter Bours, speaker, and Mr. Josias Lyndon, clerk.


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The following officers declared elected, were duly engaged.


The Hon. Gideon Wanton, Governor. The Hon. William Robinson, Deputy Governor.


ASSISTANTS.


Mr. Benjamin Haszard,


Mr. Gideon Durfey,


Mr. Gideon Cornell,


Mr. James Arnold,


Mr. William Rhodes,


Capt. Jonathan Randall,


Mr. Daniel Howland,




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