USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. II > Part 24
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Your Favor of the 23ª Instant3 is now before me and I heartily wish it was in my Power to propose some Measures which would effectually promote the Kings Service and the Trade of this Port, the de- clining and unhappy State of which gives me and every Person who has the Welfare of this Colony at Heart the greatest Concern But as I have no par- ticular Instructions from the Crown I can at present,
1 Collector of customs at Newport.
2 Comptroller at Newport. These officers, and Nicholas Lechmere, searcher of cus- toms, closed the custom-house and went on board the British ship Cygnet, which lay in the harbor, in order to ensure their personal safety, so excited was the popular feel- ing against the King's officers. Their correspondence with the Rhode Island govern- ment upon the situation is in Col. Rec. of R. I., VI. 453-457.
8 Not in the archives.
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Gentlemen, only recommend to you to be as easy and favorable in Your respective Offices to the Trade and Navigation of the Colony in the present embar- rassed situation of affairs as your Duty to the Crown will admit. this I think must be for his Majesty's Service the Interest of the King and his Subjects being invariably the same and this in my Opinion will give such General Satisfaction to the Inhab- itants of the Colony that you will meet with no man- ner of Interruption in the Execution of your Duty. But should any Person or Persons contrary to my Expectation be so hardy as to offer any Violence to the Persons of his Majys Officers of the Customs or the Custom House, You may be assured Gentlemen, that I shall immediately and vigorously exert all the authority with which I am by Law vested for the Perservation of the Custom House and the Protection of your Persons and shall at all Times afford all due Support in the Execution of your Duty
I am with due Regard Gentlemen
Your most humble Servant
S. W.
JOHN ROBINSON and JOHN NICOLL Esqr
GOVERNOR WARD TO THE LORDS OF THE TREASURY.
NEWPORT ON RHODE ISLAND 21 Nov. 1765.
My Lords
I have the Honor of your Lordships Directions of the 14th Sep! last transmitted to me by Mr. Mel-
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lish1 who also inclosed me a Copy of an Extract of a Letter from the Collector and Comptroller of this Colony both which I shall lay before the General Assembly at their next Session when I doubt not but just measures will be taken relative thereto as will be entirely satisfactory to your Lordships
I have the Honor to be
With great Truth and Regard My Lords Your Lordships Most obedient humble Servant SAM WARD.
Right Honorable the Lords Commissioners of his Majs Treasury.
JOSEPH SHERWOOD TO GOVERNOR WARD.
Esteemed Frd
I am now to Answer thy Favour of 17th May 1765 respecting the Reimbursement for 1756; 2 about the Year 1761, I sent to the Colony a Report of the Pay Master General and Secretary at War upon this Account,3 and which containing many Objections their Lordships then refused to permitt me to Ap- ply to Parliament, you will see by these Papers that there are many Articles contained in this Account which the Crown never Engaged to Reimburse.
I have preferred my Petition again to the Lords of the Treasury, upon the Ground of Striking out the
1 Printed in Col. Rec. of R. I., VI. 457, 458. Bartlett says that the matter was referred to a committee of the Assembly, who reported on it in October, 1767, and . prints their report (Ibid., VI. 459). See for the notes of reference, Ibid., VI. 481, 521. 2 See Col. Rec. of R. I., VI. 434. 8 See p. 313.
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Exceptionable Articles rather than loose the whole, This Memorial has been Considered by the Board, and I have been heard thereupon before them, and their Lordships were pleased to send the same again to the Pay Master General and Secretary at War, and I must if I am able clear up the Objections before them, and if I can get a favourable Report it is likely we shall obtain the money, I shall use my Utmost Endeavours for Success, and Advise so soon as I can get their Report.
The Merchants of London have Associated, and Appointed a Committee to render all the Services they can to America during the present Sessions ; The Parliament met about three Weeks ago, and after sitting two or three days Adjourned to the 14th Instant, much was said in the House relating to America, but no Resolutions were come to, many of the present Ministry having Vacated their Seats by Accepting Places, these matters were Postponed till their ReElection, and it is Expected that the Parlia- ment will Immediately on their Meeting take the Situation of America into their Consideration and apply some Emollients.
The Joint Petition of the Congress Commissioners, is come to the Agent specially Appointed by the Massachusetts Assembly.1 It is Expected the Amer- ican Business will be brought on very soon, I shall Advise as any thing Occurrs and am with great
1 The addresses to the King and the two Houses of Parliament are given in Hutch- inson, Massachusetts Bay, III. 479-487.
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regard to thy self and the Gent of the Gen! Assem- bly their, and thy respectfull Frd
JOSEPH SHERWOOD
WARNFORD COURT THROGMORTON STREET II : Jan : 1766.
To SAMUEL WARD Esq. Governor of the Colony of Rhode Island
JOHN ROBINSON AND JOHN NICOLL TO GOVERNOR WARD. CUSTOM HOUSE 22ª February 1766
Sir,
The Brig : Wainscott and Sloop Nelly having been seized at Providence in March 1765 by the Comptroller and M' Jenkins Lieut of the Maidstone,1 by the especial Direction of the Surveyor General ; These Gentlemen and the Collector, apprehending they would meet with Difficulty in producing Proofs against them upon Tryall, directed the Advocate of the Court of Admiralty to procure an order of Court for Examination of Witnesses on Interrogatories be- fore the Register, which is the practice of all such Courts, in most Cases, and especially those of any Intricacy ; and this Course is the more necessary to be followed, where there is a Likelihood of a Litiga- tion and of an Appeal from the decree, as the Depo- sitions cannot without be so properly transmitted Home. But the end of such Measure in this partic- ular Case was to guard against any bad Consequences
1 See the account of the case sent to the Lords of the Treasury in June, 1765, in Col. Rec. of R. I., VI. 458.
-
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Colonial Governors of Rhode Island
to the King's Service from the Witnesses Non At- tendance according to Summons on a fixed Day.
Some little Time having been spent in a Necessary correspondence with the Surveyor General on the Subject, and the Advocate having promised to ob- serve our Directions, we were soon after, to our great Surprise, informed that the Judge had Appointed the Thursday following to try the Vessels at Provi- dence (of which we had only three Days Notice) without the least regard to the Measure that we deemed so essential to the safety of the Revenue.
We were much disconcerted by this Resolution of the Judge, and delivered to the Advocate our Senti- ments thereof, which are contained in the following Letter.
Sir
CUSTOM HOUSE IO March 1765.
We are not a little Surprized to find that the Trials of the Wainscot and Nelly comes on next Thursday, at a Court of Ad- miralty at Providence, notwithstanding it was our Request to you that there should be an Adjournment of it so as to have an Opportunity of examining Witnesses in behalf of the Crown on proper Interrogatories. You can't suppose it possible for us, in the space of three Days, to procure proper proofs to Support these Suits ; And we must Desire of you to Urge the Necessity of an Adjournment of the Court for at least a Fortnight to this Town, and in case of a Refusal we must beg you to do all you can on the part of the Crown
We are &c
J. R. Collector J. N. Comptroller
J. HONEYMAN Esq.
If the Court would not pursue the plan we at first Proposed, we little doubted of its Adjournment for a Fortnight; but even in this we were deceived, for
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Correspondence of the
the Advocate having made such a Motion, the Court was Adjourned only for a Week, of which we had still but two or three Days Advice; And we were afterwards informed by the Advocate that this Ad- journment, was owing to the Register and Marshall's Not Attending, and of Course the Non Return of the process by the Latter.
Finding the Court peremptorily determined to proceed, and that we had no Alternative left, but to wait, under all those Disadvantages, the Judges plea- sure, We Applyed to the Advocate to attend the Trial, which he Absolutely Declined for Reasons known only to himself And therefore the Comptroller was Obliged to go to Providence to stand his own Advocate, A Process was issued out to summon sev- eral Persons as Evidence against both Vessels, but the same was return'd unexecuted, the Witnesses be- ing not to be found, and the Judge, notwithstanding, pronounced his Decree, by which both were Ac- quitted, and our attempts to do our Duty entirely baffled. This was the Consequence that we Appre- hended, nay dreaded, and this induced us to propose the other Method of obtaining Testimony as a pre- caution to avoid it. We are far from meaning to intermeddle with any Thing that may be in the Pro- vince of the Court of Admiralty; But we may with- out presumption, nay we are Obliged in Duty to represent to our Superiors, any Conduct that in our Judgement Affects the Revenue, which in this Port is committed to our Care and Management. If the Judge considered that there was any unnecessary Delay attending these prosecutions, on the part of
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the Crown, a Writ of Delivery, would have effectually removed such a Grievance and given Satisfaction to all parties
The holding of Courts of Justice at no Stated Times and places, has been often a Complaint on the side of the Subject - we are now, and what is more extraordinary, on the part of the Crown, obliged to mention it as an Inconveniency that we have laboured under in every Instance when we have had any Busi- ness before the Court. Though the Judge possibly, may discretionally Act his Own pleasure, as well as to Time as place; Yet we conceive that was the Court held in Newport, the Capital of the Colony, and at certain fixed Days, it would be more proper, than to hold it at his own House, in the Woods, or any other less private place, and at any hour of any Day in the Year.
We have thought proper to be thus minute in Acquainting you with the Circumstances of this Affair, and we esteem it necessary to give you a brief Account of the Conduct of the Court in every other matter that we brought before it, as it is from thence that we found our Opinion of its partiality. There- fore
First - Upon a prosecution of ten Hogsheads of Molasses in May or June 1764, the Court admitted a Claim to answer Costs without taking a Security, as required by Act of Parliament; and the Claim being withdrawn the Cost was paid out of the condemned Goods to the prejudice of the Crown and prose- cutor.
2dly Ninety three Casks of Sugar, having been seized
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and Condemned the same was sold in June or July 1764 by the Court (which always assumes that Power) and afterwards delivered up without receiving the Price of it, and tho' the prosecutor has often applyed to the Advocate, Register and Marshal about it, his share is not paid him to this Day.
3ªly A Quantity of Rum and Molosses and two Schooners, having been Seized and Condemned and sold in like manner by the Court in October 1764, the same were also delivered up without receiving the price of them, and it was full Eight Months before any part of this Money was paid the Collector, and a Considerable part of it is unpaid to this Day, notwithstanding our frequent Application to the Register of the Court.
4thly A Fine was sued for and decreed in or about May 1765, and the same is not paid to this Time, the Court having not issued out the proper process, tho' the prosecutor has frequently solicited the same from all the Officers of the Court.
5thly A Vessel estimated at three Hundred pounds Sterling having been Seized; prosecuted and Con- demnd at Providence about August 1765, was the Day after there sold by the Court for about Twenty pounds Sterling; And this great Deficiency in the Sale most be imputed to such Abrupt manner of proceeding, and to the Custom house not having any Notice thereof; And the King's share thereof is not yet paid in
All these Delays in paying into the Exchequer the Crown's share of the Fines and Forfeitures, must from the Accounts we are Obliged regularly to trans-
--
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Colonial Governors of Rhode Island
mit Home, appear to our Superiors; and therefore to Account for the same, it was a Duty we Owed the King our Master and to ourselves, to make a faith- full representation of the Cause thereof; without Re- gard to the persons that might be thereby affected
All the Facts that we have advanced will be found true if examined into, but to whose share the Blame may fall, whether the Judge who presides over the Court, or any particular Member or Members thereof (whose Behaviour however we suppose ought to be inspected into and regulated by the Judge) we cannot be more perticular at present in pointing out; And if you should want any further Information about, or explanation of these Matters, we shall always be ready to satisfy you.1
We are with great Respect Sir
Your most Obed' and most Hble serv
JOHN ROBINSON JOHN NICOLL
The Honble Gov! WARD
JOSEPH SHERWOOD TO GOVERNOR WARD.
Esteemed Frd
By my Letter of 25th Ult 2 via Maryland, and Du- plicate there of per Jacobson, I gave an Account of the Transactions of the House of Commons in rela- tion to the Stamp Act.
1 See for action of the Assembly regarding this matter, Col. Rec. of R. I., VI. 481, 521.
2 See Col. Rec. of R. I., VI. 484.
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Correspondence of the
Since which the Repeal has passed the House of Commons by a great Majority, but with great Oppo- sition from the People lately in Power; The Bill is now depending in the House of Lords, it has been read twice, and was yesterday Committed to a Com- mittee of the whole House for tomorrow, Upon the Division in that House the Majority in favour of the Repeal was 44.
There is a Bill also passing thro' the Houses relating to America which is Connected with the before mentioned,1 Inclosed are Copys of both.
Time would not permitt me when I wrote last to give a full Answer to thy several favours, which I shall now Endeavour to do.
I must Acknowledge the General Assembly have Treated me with great kindness and respect, and hope I shall retain a gratefull sence of the Obligation I am under to them, but as there were Bills drawn to a Considerable Amount more than what the As- sembly had allowed the Ballance in my hands to be, I thought it arose from some Mistake of the Persons Intrusted by the Assembly to Transact that Business, and after having Accepted and paid about three Hundred Pounds more than I ought to have been drawn upon for, I thought it time to Stop, more es- pecially when the Arduous and Important Affairs of the Colony would necessarily Occasion consider- able Expence. It is both my Inclination and Duty to regard the Honour of the Colony, but I must at the same time Pay some regard to my Own Honour and not Accept Bills which May perhaps be not
1 See the following letter for a detailed account of this measure.
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Colonial Governors of Rhode Island
in my Power to discharge, I do not find that the other Colonys Overdraw their Agents tho' the Annual Salary allowd to some of them is £500 Sterling, I hope the Assembly will hold me Excused for what I have done, and depend on my Endeavours upon all Occasions to Support the Reputation of the Colony when I can do it, without Prejudice to my own.1
Immediately after Receipt of the Letters to Col : Barre 2 I waited on that Gentleman, and in the most respectfull manner I was able, presented the Letter, and the Sence the Government had of his Regard, he received me with great Curtesy, promised to write the Assembly in Answer, and Assured me he would Continue to Use his Endeavours for the Pre- servation of the Libertys of the Americans, to them so Sacred.
In regard to the Petitions signed at the Congress of which you sent me Copys, that to the King was delivered, that which was Addressed for the Lords being called a Memorial, could not by the Rules of that House be Admitted, as nothing of that Sort can be presented to them but under the Designation of an Humble Petition, That to the Commons was Of- fered to the House by a worthy Member, who read it in his place, and Debates arose upon the Propriety of receiving it, as not coming from any Legislative or
1 This expression of opinion was elicited by a letter from Ward, of November 7, 1765 (Col. Rec. of R. I., VI. 474), in which he protests against the course taken by the colony's agent.
2 It was Barré who first used the phrase "sons of liberty," which became a favor- ite designation of patriotic associations in the colonies. His speech was made in 1765, when the measure was first before the House, and sent to America by the agent for Connecticut, who happened to be in the gallery. Lecky, England (ed. Appleton), IV. 74.
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legally Authorized Body of People, and the Stream being against the bringing it up it was Declined, but without any Negative.1
I have not yet got any Report from the Pay Mas- ter General and Secretary at War, altho I have So- licited it with great Application, and do now Expect it daily. I am with great regard to thy self and the Gent of the General Assembly
Thy and their respectfull Frd
JOSEPH SHERWOOD
WARNFORD COURT THROGMORTON STREET 13th March 1766.
To SAMUEL WARD Esq. Governour of the Colony of Rhode Island
JOSEPH SHERWOOD TO GOVERNOR WARD.
Esteemed Fy!
Inclosed is Duplicate of my last to the Governor and Company, since which the Trade and Naviga- tion of America have been Agitated in the House of Commons with great Warmth and Industry by both Parties and at length the House on the 9th Instant Agreed with their Committee on the following Re- solutions, by which you will see that every Grievance of which you Complained is now Absolutely and to- tally removed, a joyfull and a happy Event for the late Disconsolate Inhabitants of America. I Trust they will make a wise and Prudent use of the Tender Indul- gencies shewn them by their now Affectionate Mother.
1 These documents were referred to in Ward's letter, cited above.
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Colonial Governors of Rhode Island
Resolved.
That the Duties imposed by an Act or Acts of Parliament upon Melasses and Syrups of the Growth Produce or Manufacture of any Forreign American Colony or Plantation imported into any British Col- ony or Plantation in America do Cease and Deter- mine.
Resolved.
That it is the Opinion of this Committee that the Duties Imposed upon Sugars in the British Colonies in America by an Act made in the 25th Year of the Reign of King Charles the second for Encourage- ment of the Greenland and Eastland Trades and better securing the Plantation Trade do cease and Determine.
Resolved.
That the Duties Imposed by the Act made in the fourth Year of his present Majestys Reign upon Coffee and Piemento1 of the Growth and Produce of any British Colony or Plantations in America which should be Shipped to be carryed out from thence do Cease and Determine.
Resolved
That a Duty of seven Shillings Sterling money per Hundred weight Averdupois be laid upon all such Coffee which shall be Imported into any such Colony or Plantation except only such Coffee as shall upon the Landing thereof be Immediately de- posited and Secured in Warehouses in order to be reexported under proper Restrictions.
1 An evergreen, spice-producing shrub, native to the West Indies, but cultivated almost exclusively in Jamaica, and sometimes called Jamaica pepper. It is commonly known in America as allspice.
VOL. II.
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Resolved
That a Duty of one half Penny Sterling money per pound Averdupois be laid upon all such Pimento which shall be Imported into any such Colony or Plantation, except only such Pimento as shall upon the Landing thereof be immediately deposited and Secured in Warehouses in order to be reexported under proper Restrictions.
Resolved
That no Duties be paid upon such Forreign Su- gars Coffee or Indico as shall be Imported into any British Colony or Plantation on the Continent of America and upon landing thereof be immediately deposited and Secured in Warehouses in Order to be Reexported under proper Restrictions.
Resolved.
That fforeign Cotton Wool and Indico be per- mitted to be imported by British Ships Navigated according to Law into any British Island in that part of America commonly called the West Indies free from the Payment of any Duty or other Imposi- tion whatsoever
Resolved.
That the Produce of such of the said Duties to be raised in the said Colonies and Plantations be paid into the receipt of his Majestys Exchequer and there reserved to be from time to time disposed of by Parliament towards Defraying the necessary Expences of defending Protecting and securing the said Colonies and Plantations.
Resolved
That it will be for the Advantage of the Trade
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Colonial Governors of Rhode Island
Navigation and Manufactures of this Kingdom to Establish one or more Port or Ports in his Majestys Dominions in America for the more free Importation and Expor[ta]tion of certain Goods and Merchan- dizes under proper Regulations and Restrictions."
And a Bill was Ordered in pursuant to the said Resolutions."
I sometime ago obtained a Report from the Pay Master General and Secretary at War of which I In- close you a Copy,1 it was with great Difficulty I could obtain one so favourable, this Report lyes now at the Treasury, and I apprehend that the Lords would Order the Payment thereof Immediately had it not been for the Outrages and Violent Riots 2 Committed in the Government upon the Persons and Effects of the two Gentlemen now here and some others, You see by the Resolutions of the House that they are determined to Espouse and Encourage those who have Sufferred in that Cause, and from what I can pick up (tho' it is not openly Avowed) The Treasury Board seemed disposed to delay the Payment of this money untill they see what Measures the Assembly adopt in Consequence of the Requisition of the House for the Reimbursement of these People. I
1 Report on the expenses incurred in 1756. See Ward's letter of May 17, 1765, in Col. Rec. of R. I., VI. 434. This report is not in the archives.
2 Riots of August, 1765, in Newport. The sufferers who had gone to England to present their claims for indemnification in person were Martin Howard, Jr., and Dr. Thomas Moffat, whose "houses and effects" received " some little injury," Ward writes Secretary Conway, in the following February (Col. Rec. of R. I., VI. 483). These claims proved an insurmountable obstacle so far as the Treasury Board was concerned. Moffat's claim amounted to £1310, of which £179 was paid by the colony in 1772; that of Howard was reduced by the Assembly from £970 to £76, which was to be paid when the money granted for 1756 should be received from England. Arnold, Rhode Island, II. 271. See also Ward's letter to Sherwood of November 6, 1766, and note, in Col. Rec. of R. I., VI. 513.
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shall use my best Endeavours to obtain a speedy payment and am with great regard to thyself and the Gent of the General Assembly
Thy and their respectfull Fra
JOSEPH SHERWOOD. 15% May 1766.
To The Governor and Company of the Colony of Rhode Island in America
THE GOVERNOR AND COMPANY OF RHODE ISLAND TO THE KING.
To the Kings Most Excellent Majesty
The humble Address of the Governour and Com- pany of the English Colony of Rhode Island and Pro- vidence Plantations in New England in America.
May it please your Majesty,
We your Majesty's most dutiful and loyal Subjects the Governour and Company of the English Colony of Rhode Island and Providence Plantations in New England in America in Gen1 Assembly convened beg Leave gratefully to acknowledge the Share we have in the Blessings of your Majesty's mild and just Government and to return your Majesty our un- feigned Thanks for the late Instance of your Pater- nal Regard for all your Subjects however distant in giving your Royal Assent to the Bill for repealing the Act of Parliament imposing Stamp Duties upon the Inhabitants of the British Colonies in America.
It was with the deepest Concern we reflected upon the fatal Consequences we conceived would
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inevitably attend the Operation of that Act not only to your Majesty's loyal Subjects in America but also to those in Great Britain : And it is with equal Joy and Gratitude that we find an Act so destructive in our humble Opinions to the Interests of both Coun- tries repealed.
Upon this Occasion which will render the Name of your Majesty forever dear to the British Colonies in America we also beg Leave to express the grate- ful Sentiments we entertain of the Lenity the Mod- eration and Magnanimity so conspicuous in the Two Houses of Parliament; and the firm Reliance we place in the Wisdom and Justice of the Legislature of Great Britain That uninfluenced by any partial Consideration their Councils will ever be directed for the Benefit of all the British Dominions.
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