USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I > Part 10
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As to the Sugar Act, that being now expired, the reviving of it is postponed and it is too late in the Sessions to do any thing in it this Parliament.
The House of Commons in a Committee of the whole House have come to several Resolutions re- lating to Iron in the Plantations, as for putting down the forges and Slitting Mills &c. upon which con- siderable debates arose without coming to any con- clusion as to the ordering of a bill to be brought in and adjournd the further debates to the 2ª of next month but as there is so great an opposition to it and the Sessions like to break up in about 2 weeks time its thought it will drop. the Votes wherein the said Resolutions are, I send thee inclosed, but if they should conclude to bring in a Bill pursuant thereto, we intend to petition to be heard by Councel against it.
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The House of Commans have been very much taken up of late upon the Jamaica Merch's Com- plaints of the Depredations of the Spaniards 1 and have examined several Witnesses touching the plun- dering and Captures of Ships and barbarous usage of the Sailers - which has made a great noise, but its thought after all it will not produce a War with Spain (tho' I confess once I thought it could hardly be avoided) for our Ministry seems to be for using their utmost endeavours to have matters accomodated in a pacific way - and they say France is for inter- posing their good offices towards it, but the English seem to have but a mean opinion of their mediation as that it cannot but be expected they will be partial in favour of Spain. however preparations are mak- ing for fitting out a fleet of Men of War.
I was in the House of Commons when Murray 2 the Councel for the West India Merchants Summ'd up the Evidence and proofs relating to the affair and heard the debates of the Members thereupon, some hints whereof I comitted to writing and send thee inclosed for thy amusement and am with respects, Thy assured Friend,
RICHP PARTRIDGE
3ª mo. the 12. 1738
Since the foregoing the Lds of Trade have made their Report to the Lords Committee of Council, a Copy whereof I send thee here inclosed, wherein thou
1 The Assiento of 1713 was used as a cloak for smuggling operations by both English and colonial traders. The claim of Spain to the right of searching suspected vessels aroused great Ipopular excitement in England, which resulted in the war of 1739. See " Debates in the Senate of Lilliput," Gentleman's Magazine (1738).
2 See note on p. 86.
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Colonial Governors of Rhode Island
willt see they are for having Com's appointed in the Neighbouring Provinces to settle the Boundaries or dividing line, but we expect it will yet be controverted before the Lords Comittee by the Massachts Agent Fran: Wilks. alltho' he may do so, yet I am apt to think the Report will be agreed to by the Committee also - and when the Board of Trade come to a Nomination of the Com's I shall take care that none of them be appointed out of the Colony of Connecti- cut, as I suppose they on the other hand will object agst New Hampshire
The Sugar Bill1 wch for some time was postpon'd is now like to be renewed for 7 years, wch I suppose was principally done on acct of some other matters in it besides what related to the high dutys on For- eign Molosses &c imported into our Plantations. As for opposing it, I did not find any of the other Agents woud medle in it, and I considd the Charge wod be too heavy for one only to do it.
The Iron Bill is dropt for this Session,
Thine as before
RP PARTRIDGE
To JOHN WANTON Esq. Governor of Rhode Island and Providence Plan- tations.
1 The provisions of the Sugar Bill of 1733 were three years later extended to all ships belonging to Great Britain (15 Geo. II. c. 33, f. 5), and the former statute was continued by successive enactments, the last bringing it to September, 1785. Stokes's View of the Constitution of the British Colonies in North America and the West Indies, p. 38.
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Correspondence of the
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 3 mo. 201 1738
Gov'. Wanton
Alltho' the House of Commons have come to divers resolutions with respect to their Cramping the Plantations in making or manufacturing Iron, yet when a Bill was brought into the House for that pur- pose and read, there was a Negative soon put upon it and consequently thrown out or dropt intirely for this year, which Bill as it was Presented to the House for the extraordinariness of it obtaind a copy of it and send thee herewith.1
It's very probable the next Sessions of Parliam! they will begin upon it again which I thought proper to hint to thee from
Thy real Frd RP PARTRIDGE
this day the King came to the House of Lords and after giving the Royal Assent to severall Acts of parliam: put an end to this Sessions
Iron Bill.
[1738.]
A Bill for Encouraging the Making and Manufacturing of Bar Iron in Great Britain and preventing the Increase of Bar Iron and Iron Manufacturers in the Plantations.
Whereas the making of Bar Iron in Great Britain hath of late Years greatly decreased and the Manufactures made from Bar Iron in His Majestys Plantations have for some years last past greatly increased Now for preventing any prejudice and Incon-
1 See the following document.
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Colonial Governors of Rhode Island
venience that may thereby ensue to His Majestys Subjects and for promoting and encouraging of Trade and Manufactures with in the Kingdom of Great Britain Be it Enacted by the Kings Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same
That from and after the - day of - No Mill or Mills for Slitting of Iron or any Furnace or Furnaces for making Steel shall be Used Wrought or Employed in any of the Plantations of His Majesty His Heirs or Successors in America And that from and after the said - day of - No Forge or Forges Bloomery or Bloomerys Work or Works for making of Bar Iron (other than such as were made erected built employed and Workt at before the - day of - 1738 shall be erected built used wrought or employed in any of the said Plantations And also that from and after the said - - day of - One thousand seven hundred and - No New or Additional Hearth or Hearths Wheel or Wheels shall be made erected or Set up in or to any fforge or Forges Bloomery or Bloomeries now standing and in Use in any of the said Plantations And it is hereby far- ther Enacted that if any person or persons shall from and after the - day of - One thousand Seven hundred and erect build and set up or cause to be built erected or set up in any part of the said Plantations any Mill or Mills or either engine for Slitting Iron or any Furnace or Furnaces for making of Steel or shall use work or employ any such Mill Engine or Furnace already made or erected in and for Slitting Iron for making Steel respectively every person or persons so offending shall for every such Slitting Mill Slitting Engine or Steel Fur- nace so to be erected built set up workt or employed forfeit and pay the sum of One hundred pounds Sterling and shall also forfeit and loose all the Steel and Iron to be made and Slitt in the said Furnaces and Slitting Mills respectively And also shall forfeit and pay for every month where in any Iron shall be Slitt or any Steel shall be made in any of the said Slitting Mills and Fur- naces respectively the Sum of fifty pounds Sterling.
And be it further Enacted that if any person or persons from and after the - day of - One Thousand Seven hundred and - Erect build and Set up or Cause to be erected built
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and Sett up in any of the said Plantations any new fforge or fforges Bloomery or Bloomerys Work or Works for making of Bar Iron besides such as were built erected set up and worked at before the - day of - One thousand seven hundred and Thirty eight or make erect and build or Cause to be made erected and built any New or Additional Hearth or Hearths Wheel or Wheels in or to any fforge or Bloomery now erected built Stand- ing and being in any part of the said plantations every person so offending shall for every such new fforge or Bloomery And for every new Additional Hearth or Wheel so to be made erected built and Sett up respectively as aforesaid forfeit and pay the sum of five hundred pounds and shall also forfeit and loose all the Bar Iron to be made in at or by means of such New and Addi- tional fforges Bloomerys Hearths Wheels and Works respectively And shall also forfeit and pay for every month wherein any Bar Iron shall be made at, in, or by means of any fforge Bloomery Hearth or Wheel to be made erected and set up Contrary to the Tenor of this Act the Sum of fifty pounds
And it is hereby farther Enacted by the Authority aforesaid That all the penalties and forfeitures before shall and may be recovered by Action Bill Plaint or Information in any of his Majestys Courts in such of the Lands Islands Colonys Planta- tions Territories or places where the Offences against this Act shall be Committed or in any Court of Record in Great Britain at the pleasure and Option of the person or persons who shall Sue or prosecute for the same wherein No Essoign protection or more than one Imparlance shall be allowed and that upon all such Actions Suit and Informations the Offences may be laid or alledged to be in any Colony Province County Precinct or Division of any of the said Plantations where such Offences are Alledged to be Committed at the pleasure of the person or persons who shall Sue and prosecute the same And That one Moiety or half part of the said penalties and forfeitures shall go and belong to the Governor Deputy Governor or Commander in Chief residing in the Island Colony Plantation Territory or place where the Offence shall be Committed And the other Moiety to the person or persons who shall Sue and prosecute for the same.
And that each and every Governor Deputy Governor or Com- mander in Chief of any of the Lands Islands Colonies places or
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Colonial Governors of Rhode Island
Territories in America where any Slitting Mill or Steel ffurnace or any New or Additional fforge or fforges Bloomery or Bloom- erys Hearth or Hearths Wheel or Wheels shall be erected built made Sett up wrought or employed respectively, contrary to the Tenor and true Meaning of this Act is and are hereby Author- ized Impowered directed and required upon Information to him and them respectively made and given upon the Oath of any two or more Credible Witnesses if any such Slitting Mill or Steel ffurnace or New or Additional fforge or fforges Bloomery or Bloomeries Hearth or Hearths Wheel or Wheels being made erected built set up wrought or employed contrary to the tenor and true Meaning of this Act And which Oath such Governor Deputy Governor or Commander in Chief is and are hereby Authorized and required to Administer to Order and direct and Cause the same respectively to be pulled down demolished and destroyed within the space of three months next after such Infor- mation given as aforesaid And if any Governor Deputy Governor or Commander in Chief shall Neglect or Refuse so to do within the time hereinbefore Limitted for that purpose Or in any Case any Governor Deputy Governor or Commander in Chief of any of the said plantations in America from and after the - day of - One Thousand Seven hundred and thirty eight be con- cerned in any of the Slitting Mills Steel Furnaces fforges and Bloomeries or other Works intended to be Restrained prohibited or prevented from being built or erected or wrought by this Act or in any share and profits of in or out of the same every such Governor Deputy Governor or Commander in Chief so offending shall for any such Offence be removed from and forfeit his Office place or Government and shall also forfeit and pay the Sum of One thousand pounds Sterling to be recovered by the ways and means herein before directed and prescribed or any of them whereof One Moiety shall go to his Majesty his Heirs and Suc- cessors and the other Moiety to such person or persons as shall prosecute and Sue for the Same And shall from thenceforth be rendred incapable of holding or enjoying any place of Trust or profit under his Majesty his Heirs or Successors And it is hereby farther Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done in pursuance and Execution of this Act he or they may
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Correspondence of the
plead the General Issue and give this Act in Evidence And if a Verdict pass for the Defendant or Defendants or the plaintiff be Non Suit or forbear prosecution The Defendant shall have Treble Costs to be recovered as in other Cases where Costs are given by Law to Defendants And it is hereby farther Enacted and Declared That this Act shall be deemed and taken to be a pub- lick Act and all Judges and Justices shall take Notice thereof as such without Specially pleading or Setting forth the same
vera Copia
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 4ª mo : the 215 1738
Governor Wanton
My last to thee was of the 16. Instant per Cap! Bonner via Boston to which I refer. this comes now to bring thee a Copy of the Massach's Agents Pet! 1 to the King in Council in relation to the Lords of Trades Report touching the Bounds between them and the Colony -this Petition is newly lodgd at the Council Office and is to be presented the next gen- eral Council day when it will of Course be referrd to the Committee who will as usual appoint a day for considering it and admit the Agents to be heard by their Councel for and against it, which I shall push forward with what expedition we can : I should be glad of a few lines from thee who am with respects
Thy assured Friend RICHP PARTRIDGE
I herewith send thee (with some News papers) a Copy of the Speaker of the House of Commons his
1 Praying that no new commissioners be appointed, but that a decision be rendered in accordance with the recommendation of the Lords of Trade.
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Colonial Governors of Rhode Island
Speech to the King in the House of Lords at the breaking up the Sessions of Parliam! wch is what we can scarce ever or very rarely obtain. it being some- thing curious I send it thee thinking it might be acceptable.
To Governor WANTON
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 6 mo. the 19th 1738
Governor Wanton
The last I writt thee were of the 21st and 27th 4 mo. last since wch I have not had any of thy favours - as to the Affair of the Lords of Trades Report1 (a Copy whereof I have sent thee) nothing can be further done in it till the Committee of Council begin to sitt again, wch its thought will hardly be till some time in Octo! next, before that time I hope to hear from thee.
[T]here has of late a considerable Number of Men of War put into Commission, a hott press for Sea- Men and a great Stir in publick about the contest with Spain 2 wch made People imagine one while that a War was just going to breake out: but after all they now seem to be of opinion that Peace will be maintaind and that what we are doing is only to intimidate the Spaniards - what to think of the Consequence I know not. time must make manifest: It is certain the Nation is put to a very [great] Expence - and if there by the publick Tranquility can be estab-
1 See note on p. 90.
2 See note on p. 88.
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Correspondence of the
lished, the Spaniards brot to reason, that is to make satisfaction to our Injur'd Merchants, and our Trade to the West Indies securd without coming to Blows it were abundantly best. for the rest I refer to the publick Prints herewith sent and remain with respects Thy faithfull friend
RICHP PARTRIDGE
To Governor WANTON.
JOHN PEAGRUM TO GOVERNOR WANTON.
Hond Sir
The Bearer M: Joseph Wanton is Appointed Depty Collector in the Room of M: Lechmere I De- sire You will Administer to him the Oaths Required by Law and give him Your Aid and Assistance in the Execution of his Duty as it may become Neces- sary I am wth great Respect
Yor Hon's Most Humble Servt
JN. PEAGRUM
BOSTON 25 Augst 1738
To the Honble JNº WANTON Esq' Gov' &c.
GOVERNOR BELCHER TO GOVERNOR WANTON.
1 Honoble Sir
I duly recd your Favour of 28th Ultº,1 and com- municated it to His Majesty's Council of this Pro- vince, with the Copy of the Report of the Lords of
1 In the August session of the Rhode Island General Assembly provision was made for notifying Governor Belcher of the report of the Lords of Trade to the Lords of the Committee of Council. Col. Rec. of R. I., IV. 547.
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Colonial Governors of Rhode Island
Trade respecting the Disputed Boundary between this Province and your Colony, a Copy of which the Agent of this Province had transmitted some time ago; and His Majesty's Council here are of opinion, as this is only a Report of the Lords of Trade not acted upon by the Right Honoble the Lords of His Majesty's most Honourable Privy-Council, nor any Order of the King made out in the matter, that it can be no Direction to the several Governments ; however they are very much inclin'd, and so am I, to do every thing, that may have a Tendency to Peace and good Neighbourhood between the two Governments. And when the Assembly meets here, your Letter shall be laid before them, that the whole Legislature may make out an Order for quieting the Borderers on the Line, 'till there may be a final Settlement, which I desire you to press your Agent to expedite, and the Agent of this Province will be instructed in Conformity.
I am Sir, Your Honour's
Most Obedient Humble Servant
BOSTON Septr. 11th 1738. Gov! WANTON.
J. BELCHER
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 9ber 3ª 1738
Governor Wanton
My last to thee was of the 19th 6 mo. last via Bos- ton per Cap: Morris wherein I omitted thro' forget- fulness acknowledging the receipt of thine dated the
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Correspondence of the
16. May last per John Bannister which I duely had by him - and it was a satisfaction to me to see that my good Friends of the Colony of Rhode Island were not uneasy at my being engaged for the Massa- chusets in the Affair of their Boundaries with New Hampshr.1
And now as to the Matter that relates to the dis- pute wth the Massachusets about the Gore of Land : agreeable to what I heretofore Writt thee, their Agent Wilks did Petition against the Lords of Trades Report2 some time since, and at the very first Sitting of the Lords Committee of Council this Season our Solicitor made a motion that it might be brought on to a Hearing as soon as their LordShips wod admit of it, which accordingly was agreed to, and the Ist Instant appointed for that purpose. In wch Cause we had for our Counsel the famous Counselor Murray and Coun' Clark wherein to do them Justice they acted their parts as well (I think) as it was pos- sible for Men to do, urging pretty much the Same Arguments as they did before the Board of Trade;
1 See note to letter of Xber 31, 1736. The settlement of the New Hampshire-Mas- sachusetts boundary question was long delayed by disputes between the parties inter- ested as to the appointment and method of procedure of a Boundary Commission, issued April 9, 1737. The New Hampshire parties felt deeply aggrieved by the political intrigues of Governor Belcher, in the Massachusetts interest, and presented to the King a petition (September 6, 1737) embodying the facts at issue. A counter- petition was presented " about the 9th of October, 1738," by Francis Wilks and Richard Partridge, of London, Merchants, (as Agents for the said Governour and the Council and assembly of the Massachusetts Bay)." A circumstantial account of the matter down to 1740 c. is given in a petition to the Crown presented by John Thomlinson, Agent for New Hampshire, praying for the removal of Governor Belcher. New Hampshire Province Papers, V. 921. The matter was not finally adjusted until March, 1740, by a decree of the Privy Council, which gave New Hampshire a territory even more extensive than that she had claimed. PALFREY, History of New England, IV. 558.
2 See note on p. 96.
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Colonial Governors of Rhode Island
And upon the whole the Lords Committee agreed to confirm that Boards Report and that a Commis- sion shª Issue to appoint Commissioners accordingly, which Resolution of theirs is to be reported to the King in Council and from thence Directions will be given to the Lords of Trade to nomminate proper persons and to prepare the Commission : and when that is about, we shall duely attend for that purpose, takeing due care that Suitable Persons be appointed ; and this I hope will meet with the approbation of the Colony for I can assure them nothing was want- ing nor any pains Spared on our parts to Serve their Interest therein, and it was as much as our Solicitor and mySelf were able to bring about towards for- warding the Completion of this Dispute.
for public News I refer to the. Publick Prints here- with Sent thee, hopeing by the next Ship from Bos- ton I shall have the pleasure of hearing from thee with a Supply according to my former Request. in the mean time I remain with due Respects to thy- Self and the Gentlemen of the Council and house of Representatives
Their faithfull ffriend
RICHD PARTRIDGE
The Lords Committee present at this Hearing were Lord President Lord Abercorn Lord Monson Lord Ch: Justice Willes and the Speaker of the House of Commons
To Governor WANTON
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Correspondence of the
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 12th mo. the 10. 1738
Governor Wanton
This brings thee an Order of Council for Com- missioners to be appointed to mark out the Dividing Line &c. between Rhode Island and the Massachu- sets respecting the Gore of Land in dispute, as also Copys of the Lords Committee of Councils Report agreeable to the Board of Trades Report for appoint- ing Commissioners.
and of an Order of the Lords Committees to the Board of Trade to return the Names of proper per- sons for Comm's to setle the Boundaries.
and of the Report1 of the Board of Trade conform- able thereto.
and of an Order of the King in Council for Peti- tioners to give Security to pay Costs as may be awarded for the future.
all which are Expensive but there's no avoiding it, and I do assure thee I have left nothing undone hitherto on my part for the Service of the Colony that I judgd would make for their advantage, and I doubt not but my Endeavours will meet with their Approbation, it being impossible as I apprehend to have done more.
The next Thing to be done is to get the Commis- sion Issued which as my Solicitor informs me wod come to about {120-sters under the great Seal ; On consideration of which I proposd we shª have it Issued only by an Order from the King in Council
1 See the following document.
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Colonial Governors of Rhode Island
by consent on both sides to save the Exorbitant Expence, which Lord President on our Application does not oppose, provided Agent Wilks in Person signifys his full consent thereto, which I do not doubt off, and therefore hope it will go in that man- ner.
By Lord Presidents direction the Comm's Names have been laid before the King in Council the 17. ult and the Order thereon has been drawn up and deliverd out but last night, In my next thou mayst expect a Copy of it.
The Parliament are now sitting having begun their Sessions the Ist Instant and herewith I send thee the Kings Speech and Commons Address.
The apprehensions there was of a War seem all to be blown over and as for other News I refer to the Prints here inclosed, and remain with due Respects to thySelf and the Gentlemen of the Council and House of Representatives
Their ffaithful ffriend
RICHP PARTRIDGE
If the Parliament shd take in hand again this Ses- sions the matter of the Iron Bill as heretofore (as I believe they will) and I shª Joyn in opposing it, it will doubtless be attended with Considerable Expence.
To Gov! WANTON
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Correspondence of the
THE LORDS OF TRADE TO THE LORDS OF THE PRIVY COUNCIL.1
To the Right Honourable the Lords of the Committee of His Majestys most Honoble Privy Council. My Lords
Pursuant to your Lordships Order of Ist Instant We have considered of Proper Persons to be ap- pointed Commissioners for marking out and Settling the Dividing Line between the Province of the Mas- sachusets Bay and Rhode Island Eastward and for that Service We take leave to name Your Lordships the five Eldest Councillors of the three Neighbour- ing Provinces namely
Cadwallader Colden, Abraham Vanhorn Philip Livingston Archibald Kennedy and James De Lan- cey Esq's for the Province of New York -
John Hamilton John Wells John Reading Cor- nelius Vanhorn and William Provost Esqrs for the Province of New Jersey -
William Skene William Shirriff Henry Cope Eras- mus James Philipps and Otho Hamilton Esq's for the Province of Nova Scotia which last Gentleman We have Substituted in the place of Major Paul Masca- rine who was formerly left out by Your Lordships Order on a like Occasion because he had an Estate in the Province of the Massachusets Bay
We take leave further to acquaint Your Lordships that we have been attended by the Agents of the said Provinces of the Massachusets Bay and Rhode
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