USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I > Part 21
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1 Enclosed in letter of October 12, 1744.
Staffs Spunges . Staves
IO
18- 5-
6-13-4
Iron Crows of 42 feet
6
Sling Cart compleat
Iron Gun Blocks with brass Shivers 2 Double I
Muscovy
2
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Colonial Governors of Rhode Island
which I agree with them, all which is humbly Sub- mitted by My Lord
Your Lordships most obedient and most hble ser- vant
MONTAGU
6th Nov: 1744
To Rt. Honble Lord President of the Council.
JOSIAH WILLARD TO GOVERNOR GREENE.
Sir
With the Advice of the Council His Excellency Governour Shirley has been pleased to Issue his Proclamation, a printed Copy whereof is herewith sent you, against a Number of Notorious Disturb- ers of the King's Peace, who lately Committed a very heinous Riot in Bristol1 within this Province; promising a Reward to any person that shall dis- cover and apprehend such of them particularly men- tioned therein as shall not Submit and Surrender themselves to the Justice of the Government. Some of them it is known have absconded and fled into places within your Colony, and tho' sensible of their grievous Offence, would, during their residence in your Government as in a place of Safety, Capitulate with this Government. It is to be hoped they will see it to be for their own Benefit and Safety as well as for the publick Peace, for them to come in and
1 Bristol, it will be remembered, lay within the debatable land which was claimed by both Massachusetts and Rhode Island. In the Assembly of March, 1745, it was voted to write the secretary of Massachusetts "that we know none of those rioters being within this colony." Col. Rec. of R. I., V. 107; see also letter of March 7, 1745.
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Correspondence of the
Submit to Justice, if not, yet such is the Nature of their Offence and so Subversive in its Tendency of His Majesty's Government in all these his Colonies, that they will not (We assure our selves) be skreened and Countenanced by any in Authority in your Gov- ernment. And I am therefore directed to write these to Your Honour and to desire you will give Orders to Proper Officers to Deliver such Offenders to law- ful Authority within this province, this is Expected by the Government here, for that the Peace and Wel- fare of the King's Province and Colonies in General Depends on such a Proceedure in all Cases of like Nature. I am Sir
Your most Obedient, Humble servant
JOSIAH WILLARD Secretary.
BOSTON Oct. 18. 1744.
To the Honourable WILLIAM GREEN Esq!
THE GENERAL ASSEMBLY TO RICHARD PARTRIDGE. S.
Yours dated the 8th Day of May 1744 with the Bill presented to prevent the Issuing Bills of Credit in the British Colonys is come to Hand1 very lately being as we suppose retarded by the Ships waiting for Convoy. But not with standing You can not have any Instructions from the Government reach You by the approaching Sessions of Parliament, we nevertheless so far confide in Your Care of and Fidel- ity to the Good of the Government and the Preserva-
1 See note to Partridge's letter of that date.
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Colonial Governors of Rhode Island
tion of its Priviledges, as to believe You will leave Nothing undone that is in Your Power to do by soliciting and procuring the best of Council to pre- serve the same.
We have before us now the aforesaid Bill about the Paper Currency and have voted and ordered £550 Pounds Sterling to be remitted to You forth with, and there is no Doubt but You will have it done with all the Care and Expedition possible ; so that in the mean Time it is expected no Expence Care or Pains will be wanting in opposing any At- tempt made against our Charter. And You may de- pend that as Occasion serves the Government will be willing at all Times to be at any Necessary Charge to support their Priviledges which they esteeme too valuable to be given up without Defence. Especially since the Consequence wou'd not be the Loss of Our Former Priviledges solely, but so sudden a Change as that Bill wou'd cause in this Constitution must necessarily work The Ruin of many of the Inhab- itants of the Colony.
The Design of the General Assembly is to let You know the mind and Resolution of the Govern- ment in this Point and not to state the Case relat- ing [to] our Charter Priviledges which wou'd afford matter to copious for a Letter. But it can not but be observed, in general, that if His Majesty's Prede- cessor by the Charter granted to the Colony gave away part of His Prerogative, or in other Terms con- veyed it into another Channel, it is strange that an Attempt shou'd be made in a Parliamentory Way to fix that Power immediately in His Majesty at the
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same Time the Grant remains good and unaltered. And we can not think but that if the Method of Pro- ceeding now in Hand (which appears not to be first moved by the Parliament of England, but by some Enemies of our Constitution) be opposed in a proper manner, it will from the Nature of the Proceeding and the Inconsistency and Arbitrariness thereof be rejected ; since if this Bill pass, by the same Rule every Priviledge contained in the Charter may be voted away in Parliament, notwithstanding the Grant stands in its original Strength, which is contrary to the English Constitution in every Instance of this Nature from the lowest Things to the Matters of the Highest Nature and Consequence. And by the Plain Letter of this Bill all Governments in the Planta- tions wou'd be (or be liable to be) circumstanced alike whether Charter Governments or not, and be their Priviledges ever so different. And no Govern- ment that is incorporated by a Charter and the In- habitants have been born and lived and flourished under those Priviledged wou'd be so supine as to suffer them to be Taken away without defending them. Therefore when this Attempt is carried on or any other shall be framed or made against the Privi- ledges of this Colony, in whatever shape the same may appear it is expected and insisted on that You do from Time to Time fee able and good Council and oppose the same with the Utmost Care Wisdom and Skill. And if any Thing be done in Parliament that militates against Our plain Charter Priviledges for want of a due Hearing, The contrary of which we hope for, it is not doubted but that by a proper
1
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Colonial Governors of Rhode Island
Address, that just and wise Body will set every Thing right.
We apprehended that the aforesaid Sum wou'd be sufficient for the present, and as we expect You will on all Occasions inform us of the State of Affairs at Home as to this Colony; so You may expect that as Necessity shall call for it we shall not be wanting in Our supplies for the Preservation of Our Right.
Signed by Order of the Gen! Assembly
P. S. The one hundred and fifty Pounds which was ordered for the Carrying on the affair of the Boundery will be immediately remitted to you And we expect that you will push on that Affair in such a Manner as to get the same determined as soon as may be.
Nov. 3ª 1744
To the House of Magrts
Gent Resolv'd that the aforewritten Draught be approv'd of and that three fair Copies thereof be signd by his Hon! the Gov! and Sent in three Dif- ferent Vessells to the Agent as soon as may be
Voted and past per Ordr
J LYNDON Clerk
Concurr'd with per ord!
JAS MARTIN Secry
Reported by
JAMES ARNOLD D UPDIKE GEO BROWN
Com:
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Correspondence of the
RICHARD PARTRIDGE TO GOVERNOR GREENE.
LONDON 9ber 3ª 1744.
Gov. Green
I have of the 12 and 31st ult wrote thee at large by this Conveyance to wch I refer, this serves now to bring the the above Copy of notice I have received from the Clark of the Council for the Hearing of our Cause of the Boundarys the 6th Inst. our Coun- sel are feed and have their Briefs to prepare for it.
Cap: Cary being not yet gone gives me the oppor- tunity of writing this and of sending thee the in- closed prints from
Thy lo : Frd
RP PARTRIDGE
To Governour GREEN
COUNCIL OFFICE WHITEHALL. the It of November 1744.
The Right Honourable the Lords of the Commit- tee of Council for hearing Appeals from the Plan- tations having appointed to meet in the Council Chamber at the Cockpit Whitehall on Tuesday the 6th of this Instant at six of the Clock in the Evening to hear the Appeal of the Colony of Rhode Island against the Province of the Massachusetts Bay, and also the appeale of the Province of the Massachusets Bay against the Colony of Rhode Island relating to the Boundarys - These are therefore to give Notice to all Partys therein concerned that they come pre- pared to be heard by their Counsel learned in the Law at the said time.
JA : VERNON.
Copy mentioned above.
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Colonial Governors of Rhode Island
RICHARD PARTRIDGE TO GOVERNOR GREENE.
LONDON xber the II. 1744
Gov'. Green
This just comes to acquaint thee that our Bound- ary Cause with the Massacht depending before the Lords Committee of Council was this Evening deter- mined after a Hearing of 4 Sittings of the Commit- tee wch was learnedly argued by the Counsel on both Sides, and upon the whole the Lords Confirmd the Judgment of the Commission's intirely without any variation, wch I hope will be satisfactory to the Col- ony: Our Counsel insisted Strenously upon a fur- ther demand and I find it was not without some difficulty and debating that the Lords come in to fix it as they have done, the Ld Ch : Justice wills being strongly in our favour : and I do assure thee unwaried Pains has been used and no Cost has been Spared on our Side -on which Success I heartily congratu- late our Colony.
the Bill in Parliam! about Paper Currency not yet proceeded upon but don't doubt but it will be taken up in 3 or 4 weeks time and hope the Colony will be speedy in their Remittances to enable me to effectu- ate their Affairs.
it is now 10 o'clock at night and I have not time to [word torn out] So remain with due respects to thy self and the Gentlemen [of] the Council and House of Representatives from
Thy assured Friend RP PARTRIDGE
To WILLM GREEN Esq.
Governor of the Colony of Rhode Island and Providence Plantations.
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Correspondence of the
THE GENERAL ASSEMBLY TO RICHARD PARTRIDGE.
NEWPORT December 12 1744
M". Partridge,
Inclosed We send You a Bill of Exchange for one hundred Pounds sterling which together with Six- teen Ounces of Gold Dust We send You by this Conveyance, is on the Colony's Acct to defray the Charge arising on the Boundary Dispute, You have also now inclosed duplicates of the Petition to his Majesty to obtain some Cannon for the Colony, and of a Letter to Thomas Corbet Esq: Secretary to the Right Honble the Lords of the Admiralty and a Let- ter from Gov! Green1 in which You will find the Sentiments of the Assembly relating to the Bill now in Parliament to prevent future Emissions of paper Currency in the Plantations You are to deliver the Petition to his Majesty if the former of which this is a Copy has not been with You and presented already and the Letter to M: Corbet as soon as possible, We wish these safe to Hand and are
Your assured Friends
1 The letter was probably that of November 3, referred to by Partridge in the next letter. None of the enclosures here mentioned are now in the archives.
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Colonial Governors of Rhode Island
RICHARD PARTRIDGE TO DEPUTY-GOVERNOR WHIPPLE.1
LONDON Xber 1 5th 1744
Loving Friend Joseph Whipple
This comes to Acquaint Thee that our Cause of the Boundaries which has been so long depending with the Province of the Massach's Bay was on the II Inst brought on at a 4th Hearing before the Lords Committee of Council and finally concluded after 3 other Hearings before that, had been had by Coun- cil Reared in the Law.2
The Lords Prest were the Earl of Pembroke, Lord Sandys, Ld Chief Justice Willes and S! Jnº Rushout, Our Counsel beeing the Attorney and Solicitor Gen- erall and on their side were Councillors Noel and Hume Campbell.
The Pleadings began by their Counsel who I think made the very most of their Cause objecting against the Judgement of the Comm's particularly in that they refused to order a Survey (when insisted on) of the Bounds of New Plim. Colony, and Argued stren- iously on the Validity of the Patent of that Colony as Prior to the Rhode Island Charter, but that which I apprehended they relyed most on, was a Plan of the Colony of Rhode Island sent over here to the Lords of Trade by our Govern' in the Year 1720 and certified under the Govern's own hand, suggests that it was a true Map of the Colonys whole Boundarys
1 Whipple was a prominent merchant of Newport, elected deputy-governor in 1743, 1746, 1751, and 1753. His failure in the depreciation crisis of 1753 was the cause of the first bankruptcy act in Rhode Island, passed for his special relief. See Weeden, Economic and Social History of New England, II. 676, and Col. Rec. of R. I., V. 378. 2 The case for appeal was sent to Partridge in April, 1742. See letter of April 21.
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Correspondence of the
on occasion of the Controversy then with Connecti- cutt,1 and that in that Plan the Boundaries with the Massach's were also laid down and therein described no otherwise than what the Massach's now Claimed (or to this purpose) well hoping this wou'd have been of great Service to them, and procured One of the Clerks of the Bod of Trade to attend at the Hearing with it, But this did not stand them in any stead for the Lords Committee (upon the Arguments urged by our Counsel against it as beeing unprecidental in Appeals) woud by no means permitt it to be pro- duced as any sort of Evidence, in as much as it had not been exhibited before the Comm's, neither was it in the Proceedings, and so rejected it. And as to the Priority of Plimouth Patent the Lord Chief Jus- tice intimated that the Patent was only from Coun- cil of Plym. and not from the Crown, and that one Corporation cou'd not grant Jurisdiction to an other Corporation &cª As to our Counsel both the Attor- ney and Solicitor Gen! pleaded our Cause excellently well, answering the Objections of their Counsel, set- ting forth the Inconsistancy of the Massach's Claime, the imposibility of reconciling the Western Bound- arys of Plymº Patent according to Sense or Reason as described in their Grant, (if even the Power of Jurisdiction had been allowed them) and that a great deal of their Pleadings or pretensions were mere Amusements to puzle and Confound the Judgements of their Lordships- a great deal of the Evidence on both sides were produced and read out of the proceedings which took up much of the time and
1 For an account of the Connecticut boundary, see p. xxii of the Introduction.
:
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Colonial Governors of Rhode Island
was the Cause of Spinning out the Tryal to that length.
When the pleadings of the Counsel on both Sides were over, we were ordered to withdraw; and in about 3/4 of an hour afterwards when the Lords Committee had Consulted together and Debated upon the Mer- ritts they concluded to Dismiss both appeals and to Confirm the Judgement of the Comm's which puts an entire end to the Controversy and fixes the Bound- arys for ever;1 this I make no doubt when it comes to be duly Considered will be acceptable to the Col- ony, on which Success I heartily congratulate them. I wou'd Observe that during the Interval of the proceedings here many Observations were made in Writing on our side with further Instructions for our Counsel as an Addition to their first large Brief, which to be sure was of very great Service to our Cause, and to Demonstrate the Diligence that was used I shall send a Copy of them hereafter for the Assemblys Satisfaction, not Doubting but that they will approve of the Application and Industry therein tho' the Cause had unavoidably been attended with Delay.
And I assure myself that the House will readily grant me the necessary Supplys (if not done before this comes to hand) as well to defray the Expence of this late Suit (on which there is a large Ballance due to me) as to enable me in their behalf to carry on their other Affairs yet depending here, particularly in Parliam: wch I have some time since wrote to the
1 The boundaries were not finally determined until May, 1746. See Arnold, History of Rhode Island, II. 133, 134, and p. xxiv of the Introduction.
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Gov! and Dep Gov: about. That Matter which is the Bill concerning Paper Currency in the Plantations, is not yet taken up in the House of Commons, but I think it certainly will be shortly: when ever it is I intend to Assert the Rights and Privilidges of the Colony, and be Assured that no Endeav"s nor Money needfull shall be wanting in serving the Colonys In- terest to the best of my Ability.
And now I woud just Intimate that the late Gov- ern' John Wanton in his Letter to me of the Ist December 1735 was pleased to give me an Assur- ance of the Assemblys Benevolance towards me when the Boundary Cause was over;1 I shall theretofore make bold just to remind them of It; and leave it to their Generosity - a Copy of which Letter comes inclosed the Clause beeing marked in the Margin, and which Doubtless will be found amongst thee Records of Letters in that Govern's time.
One thing more I think I may with Truth say that the Affairs of Rhode Island Colony under my Care depending has of late Years been as much or more than I have had to do for the Province of Pennsyl- vania who allow me £100 Sterling a Year Clear of all Charges. With Due Respects to the Gentlemen of the House I remain
Their Faithful Friend
RICH? PARTRIDGE
As soon as we can get out the Order of the King in Council under the privy Seal upon the Resolution
1 See letter of December 1, 1735.
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Colonial Governors of Rhode Island
and Determination of the Lords Committee I shall send it over to Gov' Green
Xber 18
PS The War continues and I think likely to do, tho' some imagine we shall have a peace by the Spring: we have had a pretty deal of damage done to the Shipping lately by Stormy Weather.
the King of Prussia who had broke out again agst the Queen of Hungary has now quitted Prague and all Bohemia and gone home with the loss of about half his Army and a part of the Q. of Hungary's forces has entered Siletia and probably will retake it. Cap! Jephson is here and I suppose intends home as soon as conveniently he can, he has been taken by the ffrench and as he was coming for France in a S: Dominga Ship was taken in her by one of our Men of War.
R P
I write this to Plymº at a venture
To JOSEPH WHIPPLE Esq! Deputy Governour of the Colony of Rhode Island and Providence Plantations.
RICHARD PARTRIDGE TO GOVERNOR GREENE.
LONDON xber the 27. 1744
Governour Green
Yesterday I received thine of the 3 of Novem! last and duly noted the contents. I see the Colony are
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Correspondence of the
sensibly touched with the attempt lately made in Parliam on the Privilidges of their Charter by the Bill relating to Paper Currency which to be sure very nearly affects it, and that besides the £150.1 sometime since granted me have voted and ordered £550.2 Sterling more to be remitted me with all the care and Expedition possible for wch I make gratefull acknowledgm's, and Shall be expecting it soon ac- cordingly, in the meantime I shall exert myself in behalf of the Colony to my utmost for their Interest wch I have at heart, and they may be assured that no Cost nor Pains shall be wanting therein, we being furnished as I apprehend with a great deal of good Argum for opposing the Bill. it still lays dormant in the House of Commons and nothing done in it this Sessions but I expect it will be taken up in the House when the Parliamt meets again (Sometime next month) they being now adjournd to the 10th and began their Session the 16. of the last month.
I have already advised thee of the Issue of our Boundary Cause with the Massachusetts by the Lords Committee of Council,3 which was determined by conferring the Judgement of the Comm" without any variation after a pretty hard Struggle. our Counsel indeed in the Course of their Pleadings insisted on a further enlargem' of the Boundarie for us, as they were Instructed, but that wod not be granted, yet what we have got I hope will be acceptable to the Colony on which Success I congratulate them hope-
1 Col. Rec. of R. I., V. 79.
2 Col. Rec. of R. I., V. 97, and letter of November 3, 1744.
8 See letter of xber (December) 11, 1744.
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Colonial Governors of Rhode Island
ing for their approbation. for a more particular accot of the Proceedings before the Lords Commit- tee (wch held 4 Sittings before it was ended) I refer to my Letter to the Assemly herewith Sent thee for them, and remain with due Respects to thy self and the Gentlemen of the Council
Thine and their ffaithfull Friend
RICHP PARTRIDGE
as for Pub. News I refer thee to the inclosed Print and diverse and other sent thee in a Packett to my Frd And! Oliver of Boston to be forwarded by a Private hand
To WILLIAM GREEN Esq! Governour of the Colony of Rhode Island and Providence Plantations
THE GENERAL ASSEMBLY TO RICHARD PARTRIDGE. NEWPORT Decbr 29th 1744
M'. Partridge,
We hope that by this Time You have recd the In- structions 1 from the Colony respecting the Bill now in Parliament relating to Paper Currency and as the Government are determined to vindicate their Privi- ledges which they think that Bill should it pass into a Law would abridge them of, You shall therefore [receive] for that Purpose by this Opportunity in his Majesty's Ship the Eltham Cap: Philip Durell Command: One Hundred and fifty Ounces of Gold Dust, One of the Bills of Lading for the same You
1 See letter of November 3, 1744.
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will have inclosed to You from M: Stephen Green- leaf of Boston by Whom from hence We have ordered it to be Shipp'd on board and referr You to the abovesaid Instructions and are
Your Assured Friends
Endorsed : Copy of a Lett! to the Agent.
GOVERNOR SHIRLEY TO GOVERNOR GREENE.1
BOSTON Jan! 29 174%
Sir,
Tho' I doubt not but that the Interest of the Common Cause of New England will sufficiently animate your Governmt to exert themselves Vigor- ously in the Intended Expedition ag: Louisbourg ; 2 yet I would beg leave to add that the Exposd situa- tion of your Colony by sea, and the resentment of the Enemy agt it, on acct of the activeness of your privateers make it particularly probable that you may have a sudden Visit from the French this summer, if Cape Briton is not reduced
The Gentlemen, who deliver this, will apprize your Honour how essential it is towards our succeeding in this Important Affair, that we should have a Naval force before Louisburg by the beginning or Middle of March at furthest to cut off the Enemy's Provision
1 Printed in Col. Rec. of R. I., V. 74.
2 For an account of the part taken by Rhode Island in the Louisbourg expedition, see p. xxviii of the Introduction. Shirley's plan is given at length in his Memorandum, which follows this letter.
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Colonial Governors of Rhode Island
Vessells and intercept M' Duvivier, who is expected ab! that time wth Recruits for the Garrison, wch latter Event must be so killing a blow to the People of the Town and Garrison, that it could not fail of being decisive; and they will also let you know what this Governm' has done, and what Applications I have made towards providing such a Naval force; I hope therefore you will not fail Exert yourself in this respect. They will further inform you how neces- sary it is that we should have a proper Train of Artillery wch should be four pieces of 18 pd Shot to 24 pd, of wch sort we have not sufficient in our Castle, and I therefore hope you will contribute your Quota also in this respect.
I doubt not but our united force vigorously exerted upon this Occasion in conjunction wth his Majy's other Neighbouring Colonies will greet wth success, wch I hope will be the Event of this Expedition and am Sir,
Your Honour's most Obedient Humble servant
Honble Gov. GREEN.
W SHIRLEY.
Memorandum for an Attack upon Louisburg.1
In Order for the Attacking of Louisbourg this Spring by Sur- prize, Its proposed that 3000 Troops should Embark from hence in Sloops and Schooners and proceed for Canso, well Arm'd, which should be the place of Rendezvous, it being within 20 Leagues of Louisbourgh, and its being uncertain that so many Vessels should be Able to keep Company together ; when they
1 Enclosed in Shirley's letter of January 29, 1745.
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Correspondence of the
are all Arrived at said Port to take a favourable Opportunity to Sail from thence in Order to be at Galberous Point by Dusk from whence it is but 3 Leagues from Louisburg then to Push into the Bay and as soon as said Vessels are at an Anchor to Mann as many Whaleboats as they have and Send them along the Shore as near as possible which will make it the more Difficult for them to be discovered, and when they come to the Cove which faces the low part of the Wall there to Land if the Sea will permit and Scale that place if possible and if otherwise, as the Wall breaks off a little, on the other Side of the East Gate. not far from that there are Pickets put for a Considerable Distance across a Pond over to the Wall on the Beach on the other Side of the Pond, and as this Pond is frozen all the Month of March its not very difficult to get over then, but if the Weather will not permit their Landing in the above place let them proceed along the Shore till they come to a long range of Rocks that goes towards the Island at the End of which is a Passage where the Shallops go thro', let them go in there and follow the Ledge of Rocks right back again, then they will Land right against the East Gate on a point and as there are some Houses there it will hinder their being Seen, but One Boat ought to go first and Sup- prize the People in those Houses a little time before the others come up. Each Whaleboat must have two Ladders in them of Fifteen feet long which may be put in the Middle of the Boat without hindrance to the Men, but the Boatmen must lay still at this point till they think the Main Body is got near the Town, And that a Party of as many Men as shall be Judg'd proper shall be ready to Attack the Grand Battery. Its Necessary it should be low Water if no Drift Ice aground along the Shore for the Remainder of the Men to go round the Pickets that are by the North Gate and when they get round with Ladders of 15 feet long they can Scale the Wall facing the Harbour which is a Quar- ter of a Mile round, and [it] will be Absolutely Necessary to appoint a time to Strike the Blow all at Once which can be done by Agreeing upon a Certain hour just before Day which is the Sleepiest time, and the Commanding Officer of each Detachment to know the time, and when the time comes, by his Watch to begin without any further Ceremony, The Enemy finding them- selves Attack'd at so many different places at Once its probable
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