USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I > Part 8
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Attª BENJA ROLFE Cler
A true Copy Examª per J WILLARD Secry.
JOHN PEAGRUM TO GOVERNOR WANTON. S.
I had the favour of Yors wch I should have an- swer'd by the return of the Post: but had then thots of waiting upon you MySelf and if you had refused to Swear Mr Robinson I Should have done it.
Affairs Since have Prevented my Coming, but M! Achmuty having Business wch call'd him to Rhode Island, I have desired him to be the Bearer of this. and to Satisfie your Hon' I Have nothing to do wth Yo' Assemblys but only wth the Commander In Cheif. and am Perswaded when you are Rightly Informd of the Matter you will Comply wth My request and Not Oblige me to Persue Methods wch May be of Ill Consequence to Yor Colony
I am S' wth Great Respects
Yo' Hon's Most Humble Sert
JN PEAGRUM
BOSTON 22 March 1734.
To the Honble WM WANTON
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Correspondence of the
WILLIAM JENCKS 1 TO DEPUTY-GOVERNOR WANTON.
PROVIDENCE March the 23ª 1732
Honourable Sir
I understand that the Gov' of Boston has sent to desire our Government to send Hasadiah Comstock and others to Boston there to Answer for the villiny they Committed against one Draper, I am of opinion if, our Government should give a flat denyal to send them, and should seem there by to Countenance such actions. it Would appear very black against us in England, therefore if I may adventure to advise in the affair I am of opinion that it Would be advisa- ble for us to send a Letter to Boston signifying our obhorance to such actions, and the care that has been taken for the due punishment there of by ordering our Justices to Examin the partys, and notefying Draper to be present with his Evidence to prove his charge but he Not appearing nothing could be done, and as to our sending them to boston in order to their tryal there, I think it would be Requeset to Inform them that there is a Controvercy betwixt the Governments Respecting the bounds, and that it would be very unReasonable to send the men to Boston for their tryal if the fact was Committed with in our Jurysdiction, and therefore I would make them this offer that in case they will agree and settle the bounds with us betwixt the Governments, then if it doth appear that the fact complained of was Com- mitted with in their Jurysdiction, we will send the
1 Jencks was deputy for Providence in 1727, and in 1728 served upon a committee appointed by the Assembly to assist, or instruct, the Joint Boundary Commission.
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Colonial Governors of Rhode Island
men and if the Jurysdiction prove to be ours then Draper may prosecute them here, where he shall be sure to have Justice and with all I would Inform them that we think there is the same Reason that they should send Capt foster Samuel Tilver and others to us who are guilty of as bad facts and of the same Nature, if after the settlement of the bounds it doth appear that the sd facts were Committed in our Colony as we think they were. these few hints being what offers at present from your assured friend and servant
WILLIAM JENCKS
To the Honble JOHN WANTON Dep Gov" at Newport
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON 2ª mo: or Apr. 30: 1734
Gov. Wanton
My last to thee was of the 4 12 mo. per Cap! Bon- ner via Boston, since which the House of Lords dropt the affair relating to Iron Manufact's 1 but afterwards came to some warm Resolutions respecting the Plan- tations on the Continent, a Copy whereof I judged
1 On March 7, 1734, a committee was appointed by the House of Lords "to con- sider of the Representation of the Commissioners for Trade and Plantations, re- lating to the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which may have affected the Trade, Navigation and Manufactures of this Kingdom." Gentleman's Magazine (1734), page 176. No further mention of such a committee is made in the reports of the sessions of 1734 and 1735, but in the Report of the Hist. MSS. Com., XIV. 10, 5, is catalogued under " Journals of the House of Lords " a Report on Manufactures and Trade in the Colonies, delivered on April 5, 1734, by a committee appointed to inves- tigate the subject.
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Correspondence of the
it my duty to send thee which comes here inclosed. thou wilt see therein that the Judges are ordered to bring in a Bill pursuant to the sd Resolution, next Ses- sion of Parliament. the great inconveniencys that will attend such a Law I think almost needless to point out, but this I would say that should it pass, in all probability a considerable sum of money must necessarily be expended annualy at the Council Office and Board of Trade to get the Acts through here, in fees for Petitions Reports, References, and Royal Orders, besides the tedious delays that may happen -: please to communicate this to the Gen- eral Court who if they shall judge proper it should be opposed let me know with full Instructions there- about and I will do my utmost endeavour to serve them.
We continue here still in Peace; but a considera- ble Fleet of Men of War lye ready in the Downs to proceed when ever the Court shall think fitt to give orders. whether they will saile for the Baltick or the Mediteranian, or indeed any further than they are we know not yet.
I believe great endeavours are used on our Part that the English keep from intermedling by taking part in the quarrels of the Contending Partys if pos- sibly it can be with honour and safety, so that at present I dont see there is any such thing can be as forming a Judgement whether our Peace will be lasting or a Rupture break out : time only must man- ifest it :
for the rest I referr to the inclosed Prints and re-
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Colonial Governors of Rhode Island
main with my Respects to thySelf the Gentlemen of the Council and House of Representatives
Their ffaithfull friend
RICHP PARTRIDGE
Inclosed is also the Representation of the Lords of Trade to the House of Lords upon wch they ground their Resolutions.
3 mo. the 4th. since the foregoing our dayly Cour- ant has the following paragraph viz -(of this day)
We are informed that the Squadron of Men of War under the Command of S: John Norris will sail for the Mediteranean in Ten days time and will con- sist of 25 Ships of the line, besides fireships &c.
WM WANTON Esq
Govern' of Rhode Island and Providence Plan- tations
THE GENERAL COURT OF MASSACHUSETTS TO THE GOV- ERNOR 1 OF RHODE ISLAND.
PROVINCE OF THE MASSACHUSETTS BAY. Honble Sir,
It is very unpleasant that We have Occasion, so frequently to Complain of the Insults, hardships and difficulties which the People in Yo' Government, and many times by direction of Your Authority, Offer to His Majesty's Good and Peaceable Subjects of this Province, living near the Line in the Towns of Attleborough, Wrentham, Bellingham and Mendon ;
1 Governor John Wanton. See p. xvii of the Introduction.
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Correspondence of the
did this Land 1 really belong to you (as we are abun- dantly persuaded it does not) Yet the method you have taken must be condemned by all impartial Men, nor would You Suffer any particular person in your Government who claimed an Estate that had been settled and possessed by another, time out of mind, to disturb and disquiet his Neighbour in such an Un- heard of and vexatious manner. As Governm's expect Obedience and Subjection to their Laws and Orders, They certainly ought to sett Examples and Sacredly support, maintain, and adhere to the Grand Princi- ples and Foundation of Governm! Should this Gov- ernment have Invaded, made Inroads and Reprizals upon the People who had been Settled and possessed by you from the beginning of yo! Government, as you have done upon Us, What would there have been but a plain and open Warr, and how dishonourable as well as Offensive must this have been to Our most Gracious Soveraign. And what has been wanting to this Open State of War, but that this Governm! after high and repeated provocations have judg'd it unjust to do by your People what you have done to Ours without any provocation at all. For men to be
1 Hutchinson says in his History of Massachusetts-Bay, II. 400, that in his time the records of the boundary dispute between Rhode Island and Massachusetts had been destroyed, but that it was "certain that for divers years past the only part in contro- versy between the two governments was a small gore of land between Attleborough in the Massachusetts and the old township of Providence." The boundary was set- tled by a commission in 1740-41, and "To the surprize of Massachusetts, a line was determined which not only took from them the gore formerly in dispute, but the towns of Bristol, Tiverton and Little-Compton, and great part of Swanzey and Bar- rington." Ibid., II. 401. A note states that this country was conquered by Massa- chusetts and Plymouth from Philip, and to prevent dispute expressly granted to Plymouth by Charles II. The matter was adjusted, so far as regards the colonial period, by the royal decree of 1746. See p. xviii of the Introduction.
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Colonial Governors of Rhode Island
dragged to Goal and fined exorbitant Sums for Pay- ing or Gathering Taxes from People in a Town Con- stituted and Ordered to belong to this Government by a Law of the Province, that has the Royal Sanc- tion, -for Your People to come into this Province even beyond your Own pretence, and Insult, Lay violent Hands Upon, and almost Murder a Public Officer, and then retire into Your Colony and pass with Impunity is truly extraordinary. We must therefore Insist that You Surrender Hezekiah Cum- stock 1 Samuel Staples and Alexander Goudy all of Smithfield, who were Actors in that great abuse to Jonathan Draper an Under Sheriff, Or that You Assist by Yo! Authority in Apprehending those Per- sons that they may be brought to tryal for the great Crime they are charged with, which was Committed in this Province beyond yo! pretended Claim, If You shou'd refuse it, You thereby take such a Crime upon Yourselves, as no Government can with any Colour defend.
And as unjustifyable seems to be the Suit now depending before yo' General Assembly. Josselyn is prosecuted for doing that, which had been an inexcusable Crime in him to have Omitted. The King by a Public Act Ratifyed now above Thirty years ago, had committed this People to this Govern- ment, And the Government had committed them in this Affair of Taxes to the Constable, And is he a
1 In the Assembly of June, 1734, it was voted that "Hezekiah Culmstock " be delivered to the authority of Massachusetts Bay, to have a trial "upon the complaint of Jonathan Draper, pursuant to the request of the Great and General Court of said Province of the Massachusetts Bay, by their letter, dated the 13th day of this instant June." Col. Rec. of R. I., IV. 498.
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Correspondence of the
Criminal, for Informing those who thus Commanded him, of the difficulties he met with in doing what they Ordered? But We hope when Yo! Assembly come to be fully apprized of the Circumstances of this Affair (Which We fear by some perhaps too much Engaged in the Controversy, have been very much concealed from them) They will see Justice done. If this Prosecution be just and reasonable, if the Constables are punishable for executing their Office now, they are likewise punishable for what they have done these Forty years and more. Was there ever an Instance of a man's being punish'd for any possessory Act in what he had Quietly pos- sessed above Seventy years? Ought You not to have Waited 'till you had regularly dispossess'd Us? before You had punish'd Our People for Acting upon this Land or for Complaining when they were Obstructed? We do therefore hereby Demand and Insist that the Fines and Costs laid upon Sundry of Our Inhabitants by Yo! Government, Should be re- mitted or reimbursed, particularly Henry Josselyn's, John Robins's, John Sweetland's, Benjamin Slack's, Benjamin Crabtree's, and Timothy Tingley's, and that You would take Care that Henry Josselyn be relieved under, or delivered from this unjust Prose- cution
We are very lately Informed, that Jonathan Jenkes has made an Escape from His Majesty's Goal in the County of Bristol, And that Your Authority have been desired when met in Court at Providence, to return him to Justice, Which they then declined to do, tho' Jenkes was then present in Court. Should
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Colonial Governors of Rhode Island
Neighbouring Governments thus protect Criminals who fly from Justice, What Confusions must ensue, and what dishonour will be done His Majesty, Who is the Common Father of us all, and delights so much that Justice Should have free Course; We must therefore Press You to give Order, that he be de- livered to the proper Officer in this Province that he may be proceeded with according to the Laws of this His Majesty's Government, And We have the more reason to Expect this, because We have been always ready to treat Your Authority in this manner, And deliver up all Criminals that have fled from Jus- tice in Yo! Government.
We desire Your Honour would Communicate this to Yo! General Assembly and that We may have a speedy Answer, before the Rising of the General Court here, that We may determine according as the Answer shall be, in the present Session.
In the Name and by Order of the Great and Gen- eral Court or Assembly
J WILLARD Secretary.
BOSTON June 13th 1-734.
RICHARD PARTRIDGE TO GOVERNOR WANTON.1
LOND. 4th mo. the 29 1734.
Gov', Wanton
I have received from the late Gov: thy Brother a letter dated Aprill the 19th last, with sundry papers and Instructions (per Cap: Borden) relating to the
1 See note on p. 62.
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Correspondence of the
Boundarys1 between yo! Colony and the Province of the Massachus's Bay, which Affair I shall pursue in the best manner I can for the Colonys Interest, having already retaind the Attourney General as Council for us, and shall give thee advice as I pro- ceed, but as it will be attended with considerable charge I must desire to be furnished with a further Supply of money, especialy if I must oppose the Bill2 that is to be brought into the House of Lords next Sessions of Parliam! relating to the Laws &c of the Northern Colonys as I advised the late Govern! in my last per Cap: Cary via Boston.
We have no Rupture yet with France or Spain which continues doubtfull still.
I am with kind respects Thy assured Friend RICHP PARTRIDGE
I understand the Massach's Agent has got some acct of violence used or comitted by Rhd Island People on some of theirs. Now if you have any proofs of the like usage on their side please let me have them.
TO JOHN WANTON Esq Govern' of Rhode Island and Providence Plan- tations In Newport.
1 The petition of Rhode Island upon the Massachusetts boundary was dated April 19, 1734. It asserted that Massachusetts claimed about 20,000 acres east of Paw- tucket River and the three-mile line east of Narragansett Bay, that were clearly within the limits of Rhode Island, as defined by the charter. The matter was turned over to the Board of Trade, and remained untouched for two years while the replies were in process of preparation.
2 See note on p. 55.
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Colonial Governors of Rhode Island
THE SECRETARY OF RHODE ISLAND TO RICHARD PARTRIDGE. NEWPORT RHODE ISLAND 6th September 1734 S.
Your Letter of the 30th of April past1 came safe to his Honour the Governour with the Report of the Committee of the House of Lords And I am ordered by the General Council to let You know that with great Concern they observed the Contents thereof, Con- cluding that if it should be pass'd into an Act would certainly prove very hurtfull and disadvantageous to this Constitution by losing the greatest Priviledge We have for a long Time enjoyed : Besides the Charges and Expences this Government would inev- itably be put to in sending home their Laws for the Royal Approbation. Wherefore by the Council you are desired to pursue such Methods as are most proper and take the best Advice in order to prevent so great an Inconveniency as will unavoidably attend Us by the passing of such a Bill.
The Governor would have communicated your Letter and this Affair to the General Assembly that was to be held by Adjournment the last Month, Had it not accidentally fell through and was dis- solved for want of some Members from the Main Land sufficient to constitute a Court. But designs to do it at their Setting the last Wednesday in next Month and afterwards You will have a more partic- ular Account.
This Colony always paid a due Deference and Regard to any Orders and Instructions either from
1 Not in the archives.
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Correspondence of the
his Majesty or the Board of Trade And did imedi- ately upon the Receipt of an Order from that Board repeal an Act for laying a Duty upon Slaves im- ported here, and have now no Act or Law for the encouraging any Manufacture whatsoever Saving the Whale and Codd Fishery: and have allowed a large Bounty to promote the raising of Hemp and Flax which was concluded might be of Service hereafter to Great Britain our Mother Country.
" As to the 3rd Resolution of the Committee of " Lords respecting the Governours of Rhode Island "and Connecticut taking the usual Oaths of Alle- "giance and Fidelity taken by other Governours and "entring into such Securities to his Majesty for the " due Observance of the Laws of Trade and Navi- "gation and to the like Value as other Governours " of his Majesty's Plantations in the presence of "such of his Majesty's Governours as should be "from time to time appointed." The making such a Law would be the greatest Detriment imaginable to the Colony, Because that after a Governour is elected on the first Wednesday in May according to Charter, no Person in This Colony can act in any Authority either Civil or Military throughout the Same till such Governour after elected has taken his Oath or Affirmation to the due Execution of that Office to qualify Himself to grant Commissions accordingly ; Such Officers being always chosen at the same Sessions the Day after the Governour : The ill Consequences whereof every Person may clearly discern should such Governour be obliged
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Colonial Governors of Rhode Island
to do it before Any of his Majesty's Governours of another Province.
Sign'd by Order of the General Council
JAS MARTIN Secretary
To M' RICHARD PARTRIDGE Merchant in London
THE SECRETARY OF RHODE ISLAND TO RICHARD PARTRIDGE.
NEWPORT RHODE ISLAND 20th December 1734
S.
We expect You have before this Time received the Letter of the 6th September past signed by the Secretary by Order of the General Council Via Bos- ton, with a Duplicate (But for fear of a Miscarriage You have herewith a Copy inclosed), It having been presented to Us and well approved of, wherefore You are desired to follow such Directions as is therein contained in the most proper Method.
We have had your Letter of the 29th of June past communicated to Us, wherein You acknowledge the receipt of our Appeal relating [to] the Gore,1 which We hope is long since presented to his Majesty and the neighbouring Province ordered to be cited; If not done already desire it may be, as soon as You receive this: Because the Inhabitants of the Gore are extreamly oppressed by being haled to Goal and amerced in great Sums of Money As You may see by the Copies of the Judgments in the Courts of the
1 In the session of December, 1733, it was "Voted and resolved, that the appeal to His Majesty (relating to the gore of land in controversy), presented to this Assembly, is approved of, and ordered forthwith to be sent home to His Majesty, in Great Britain, signed by His Honor, the Governor." Col. Rec. of R. I., IV. 491.
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Province : So that unless the Difference about the Jurisdiction thereof is push'd forward for a speedy Determination ; Or an Order obtained 'till then for a Suspension of the payment of any Rates and Taxes to the Province; It will prove the total Ruin and Destruction of a great many Families inhabit- ing thereon. You have herewith several Evidences relating to Violences that have been committed by the Officers of the Massachusetts Province on Sun- dry of the People, Whom We claim to be under our Jurisdiction, of which You may make a proper Application, Any other Papers that We shall think necessary in the Affair hereafter shall be transmitted, And You are desired to go on with this Appeal as expeditious as possibly You can (and suitable Remit- tances shall be made for that purpose) Which will further confirm the good Esteem we have of You, Although it has been questioned by some Persons, Whether the near Alliance You are in to the Gov- ernour of that Province1 and an Agent to him in his own private Affairs ; would not be prejudicial to Us in this Affair between the Governments ? But We are of Opinion that You are, (As We have always found You to be) a Man of more Honour and Integ- rity and would sooner exert your Self in this than any other Matter, to avoid an Imputation.
Your Letters about the Augmentation of your Salary have been laid before Us, and We having a great deal of Business did rise without acting thereon : But upon the good Success of the Affairs You have now in Commission You may expect from
1 Partridge was a brother-in-law of Governor Belcher.
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Colonial Governors of Rhode Island
Us a handsom Gratuity. We hope before this time You have received the Money from the Jersies for to defray the Expence of their Quota of your last Account about the Sugar Bill, and given this Colony Credit for the Same, if not received desire You will press them forward to make a Remittance for that purpose.
We understand that Col. Lewis Morris the late Supreme Judge of the Province of New York is embarked for London, Where if He should arrive You are desired to advise with him about the Affair of the Gore, He being well acquainted therewith having had the perusall of all the Papers and partly concerned in drawing the State of the Case signed by our Commissioners already sent You.
Sign'd by Order of his Honour the Governor
In the Behalf of the General Assembly
JAS. MARTIN Secretary
To M' RICHARD PARTRIDGE Merchant
In London
RICHARD PARTRIDGE TO GOVERNOR WANTON.
LONDON II mº the 29. 173%.
Gov. Wanton
Thine of the 14. of the 6 mo. and Secy Martins of 6 7ber I have recd and observe the Contents; I see the Affair I writt thee of relating to the Resolutions of the Lords last Sessions of Parliamt was not laid before yo' Assembly but that it was intended to be done the next Sessions - depend upon it I shall exert myself jointly with the other Agents in oppo-
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sition to the Bill intended to be brought in by the Judges, when ever it is, and comes under consider- ation in the House of Lords : The Sessions of Par- liament is now begun a few days since but nothing as yet of that kind has been exhibited, I have been up there 2 or 3 times already and due care must be taken to watch the proceedings, for that the Lords dont print their Votes as the Commons do.
I writt thee some time since and sent thee the Attourny Gen1s opinion upon the Query I recd from thee, which I take to be alltogether in thy favour - and hope it got safe to thy hand tho' I have had no letter from thee in answer to it or to the other matter I then writt thee about
As to our taking part in the War we are at as much uncertainty about it as ever by all that I can learn and what Judgmt to form we know not but hope for a continuance of Tranquility. I send thee herewith the Kings Speech and the 2 Addresses with other prints and remain wth kind respects to thySelf and the Council and Assembly
Thy ffaithfull Frd
RD PARTRIDGE
I have got the Rhª Island Petition 1 exhibited to the King in Council, and from a Comittee it is referrd to the Lords of Trade, a Copy of the order of Refer- ence comes inclosed.
1 See note on p. 30.
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Colonial Governors of Rhode Island
RICHARD PARTRIDGE TO JAMES MARTIN.1
LOND. 2ª mo or April 10th 1735
James Martin
Thine of the 6th Sep! and 20th Dec! last I have received with the several Papers inclosed wch I hope will be of good Service to us, and as Col® Morris2 is now here, we shall get what light and information we can of him in relation to the present dispute of the Boundary with the Province of the Massachu- sets, which I intend to prosecute (with all faithfull- ness to those whom I represent, And be assured that no consideration whatever shall byass me to forfeit the Trust reposed in me, but my zeal for the Interest and good of the Colony of Rhode Island and Providence Plantations, shall be the same (with- out the least variation) as it has all along hitherto been, (notwithstanding my Relationship 3 to Gov' Bel- cher) otherwise I shd be unworthy of the favour I have already receivd and of the continuation thereof I yet expect from the Colony, who I must needs own have generously kept me duely furnished with Supplys; And I hope the Gentlemen there have a better opinion of me than to imagine I cou'd be
1 Secretary of the colony of Rhode Island.
2 This is probably Colonel Lewis Morris, Jr., of Westchester, N. Y., who served in behalf of Rhode Island on a commission which met at New London, in 1733, to deter- mine the Massachusetts-Rhode Island boundary, and was unable to come to an agree- ment. The Rhode Island Assembly voted a silver tankard, engraved with the arms of the colony, to each of her three commissioners, "with the acknowledgement of this General Assembly, for their assistance in endeavoring to reconcile and put an end to the dispute between the two governments." Arnold, History of Rhode Island, II. 112. Arnold quotes Mass. Court Files, III. 69-72. See for vote of the Assembly, Col. Rec. of R. I., IV. 488, and letter of December 20, 1734.
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