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the States General of the United Provinces, having signed, at Aix la Chappelle, on
the 19th of April last, O. S., preliminary articles for restoring a general peace, and
in consequence whereof. His Majesty has been pleased to order a proclamation to
be published, declaring a cessation of arms, as well by sea as land, which I send
you herewith enclosed.

I am commanded by His Majesty to signify to you his pleasure, that you cause
the same to be published in all the proper places of your government, to the end
that all His Majesty's subjects there, may pay due obedience to, and a strict observ-
ance of the same. I am, sir, your most obedient humble servant,

BEDFORD.

To the Governor of Rhode Island.



248 RECORDS OF THE COLONY OF RHODE ISLAND [1748,



Proceedings of the General Assemhhj, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the second Mon-
day in June, 1748.

The Hon. William Greene, Governor.

The Hon. William Ellery, Deputy Governor.

With the assistants and deputies from the several towns.

It is voted and resolved, that William Barton, William Rich-
mond, Joshua Babcock and Immanuel Northup, Esqs., be, and
they are hereby appointed a committee, to take into considera-
tion the subject matter of His Excellency, Governor Shirley's
letter to the government, and make report thereof, to this
Assembly.

Whereas, it hath been represented unto this Assembly, that
James Holmes, captain of the colony's sloop Tartar, notwith-
standing the vessel was not to go on a cruise till manned with
ninety effective men, including officers, on or about the 21st day
of May last, wentto sea with the sloop, having but about sixty-
five hands on board; and that of his own accord, having no orders
nor instructions from His Honor, the Governor; that in this cruise
on, or about the 22d of May, he gave chase to a schooner, not
far from Block Island, and came up with her near Point Judith.
After a couple of shot were fired, the schooner struck ; Capt.
Holmes took possession of her, and put his lieutenant on board,
Avith orders to bring her in ; that thereupon, the schooner,
which was pretended to be a flag of truce, almost loaded from
Leoganon Hispaniola, to some of the northern colonies, sailed
on the west side of Conanicut, came round and anchored at a
place called Coddington's Cove, where she was unladen of a
cargo of sugar, &c. ; and afterwards brought publicly into this
[tort ; which conduct of the captain and lieutenant of the colo-
ny's sluu[i demand the notice of this Assembly ; —



17-48.] AND PROVIDENCE PLANTATIONS. 249

Who thereupon vote and resolve, and it is hereby voted and
resolved, that Peter Bours, Stephen Brownell, Daniel Cogges-
hall and William Hall, Esqs., together with Messrs. Walter
Chaloner, James Sheffield, Benoui Waterman and John El-
dred, or the major part of them, be, and they are hereby ap-
pointed a committee, to examine into the conduct of the said
Capt. Holmes, respecting the premises ; and if it shall appear to
them, that he merits to be suspended the colony's service, that
they suspend him until the next session of this Assembly, and
appoint another in his room, to command the said sloop in the
mean time; and to examine and deal with Daniel Vaughan,
the lieutenant of the Tartar, in the same manner ; and that
the said committee have full power to summon persons before
them, to give evidence concerning the premises ; and if the
said officers shall be found to have been gudty of mal-conduct,
that the committee have, and power is hereby given them, to
commit the offender or offenders to jail, or admit him or them
to bail, for his or their appearance before this Assembly, at its
next session ; and that His Honor, the Governor, commission-
ate such captain and lieutenant as shall be appointed by the
committee, if they shall appoint any.

It is voted and resolved, that Robert Gibbs, Stephen Hop-
kins and George Brown, Esqs., be sued by Benjamin Nichols,
of Newport, one of the grand committee, or colony's trustees,
in behalf of the colony, in an action of £100,000 damage, fur
breach of trust, in receiving of the General Assembly sundry
pap'irs of great consequence, and neglecting to return the
same ; and that he employ one or more attornies in said case ;
and that the action be brought to the next inferior court of
common pleas, to be held in the county of King's county ; and
that the said Benjamin Nichols draw money out of the general
treasury, to defray the charge of said suit.

God save the King.

VOL. V. 32



250 RECORDS OF THE COLONY OF RHODE ISLAND [1748.



The Duke of Bedford to the Governor and Company of B. Island.

Whitehall, June 28, 1748.

Gentlemen : — The act of accession of the King of Spain, as likewise that of the
republic of Genoa, to the preliminaries signed at Aix La Chappelle, the 19th of
April, O. S. 1748, having been signed there by their respective plenipotentiaries,
on the 28th instant, N. S., in consequence of which, hostilities are to cease, as well
liy sea as land, according to the terms and periods agreed upon for a suspension of
arms, in the treaty signed at Paris, the 19th day of August, N. S., 1712, 1 herewith
enclose to you a literal translation of the clauses of the said treaty of the 19th of
August, N. S., 1712, which relate to this matter ; and which, together with my let-
ter to you of 7th of May last, and the copy of His Majesty's proclamation, which was
therein enclosed, will serve for your information, and tor the rule of your conduct
on this occasion ; and you are to give proper directions to the end that all His
IMnjesty's subjects in your government, may pay due obedience thereto, and strict-
ly observe the same. 1 am, gentlemen,

Your most obedient humble servant,

BEDFORD.

To the Governor and Company of Rhode Island.



Procccd'nKjs of the General Assemhl//, held for the Colony of BJtode
Island and Providence Plantations, at Ncuport, the ith 3Ion-
day of Any list, 1748.

The Hon. William Greene, Governor.

The Hon. William EUeiy, Deputy Governor.

AVith the assistants and deputies from the several towns.

It is voted and resolved, that all the officers and men, be-
longing to the colony's sloop Tartar, be discharged ; and that
the commissary take the vessel into his care, unbend her sails,
and put all her small stores on shore, taking an inventory of
them ; that the sloo). sliall lie id anch(n- in the road, and a num-
ber of propci- persons, not oxceeding four, be kept on board, for
her bf'ttor security; and in case it shall be found necessary to
send her (.n( upon a cruise, then His Honor, the Governor, or
in his ab.-entr. lh<- Drpniy Governor, with llio advice of such



IT-^l^S.] AND PROVIDENCE PLANTATIONS. 251

of his council as slicall then he within the county of Newport,
appoint proper officers to command said sloop ; furnish a cap-
tain and lieutenant with proper commissions, issue a warrant
for impressing a sufficient number of seamen, and send them
forth against the enemy with all necessary despatch.

It is voted and resolved, that Capt. Chaloner discharge all
the soldiers belonging to Fort George, eight excepted ; that
nevertheless, if there be any appearance of danger, whereby it
may seem that the defence of the fort will require a larger
number of soldiers, the captain is hereby empowered to issue
a warrant to the sheriff of the county of Newport, for the im-
pressing as many as he shall think necessary for that
purpose.

It is voted and resolved, tliat Josiah Arnold, Esq., and Mr-
John Hull, both of Jamestown, and Mr. John Gardner, of South
Kingstown, be a committee, they, or the major part of them, to
purchase, for the colony's use, the two ferry places on the west
side of Jamestown, with the two ferry boats, and all other ap-
purtenances, if the same may be had at a reasonable rate, and
cheaper than to build new ; and take a good deed of the same,
and draw money out of the general treasury to pay therefor.
But if said ferry places, boats, &c., cannot be purchased upon
better terms than to build, then the said committee, or the ma-
jor part of them, are hereby empowered and directed to build
a good and suitable pier or wharf, for a ferry place, at the west
end of the highway, which runs across said Jamestown, from
ferry to ferry, and erect a suitable house on said highway, and
purchase two suitable ferry boats as soon as conveniently may
be, for the use of the colony ; and. draw money out of the gen-
eral treasury to defray the same ; and immediately to hire one
or two suitable boats for transporting over the ferry ; and ap-
point proper persons to tend the same, until good boats may
be purchased ; and that no other persons be licensed to keep a
ferry on the west side of Jamestown.

Whereas, Edward Scott, Esq. and the secretfiry were ap-
pointed a committee, to procure the printing of all the public
laws, now in force in this colony, that have been made since



252 RECORDS OF THE COLONY OF RHODE ISLAND [\748.

the last revisal and i.rintiiig the laws, but have hitherto omit-
ted doing the same, and the secretary altogether declines en-
cao-ins in that business, being in a bad state of health ; —

Wherefore this Assembly do constitute and apppoint Mr.
James Gould, of Newport, to join Mr. Scott, in the secretary's
room.

Whereas, Col. Benoni Waterman and Mr. Joseph Lippitt,
represented unto this Assembly, that the bridge over Pawtuxet
river, commonly called Capt. Benjamin Greene's Bridge, is
very much out of repair ; and as the same is in the country
road, and of great service to the public, they prayed a grant of
about £70, out of the general treasury, for repairing said
bridge ; on consideration whereof, —

It is voted and resolved by the Assembly, that the said Be-
noni Waterman and Mr. Samuel Greene, be, and they are
npiHjinted a committee, to repair the bridge aforesaid ; and
when it is completed, that they draw out of the general treasu-
ry the sum of £70, towards paying the charge thereof

Whereas, the commissioners, that were appointed to run the
line between the Province of the Massachusetts Bay, and this
colony, did not go through that Avork in every part there-
of;—'

Whereupon, it is voted and enacted by the Assembly, that
Daniel Jenckcs, Henry Harris and Stephen Hopkins, Esqs.,
be. and they, or ihc major part of tlioni, are hereby appointed
conunissioners to linish the running said line in manner follow-
ing, viz. :

Beginning ;it the monument, in the north-east corner of the
colony, set u[t by tlie former commissioners, where they left
off, and from thence to run westerly to Connecticut line, agree-
:ibly to the charter of this colony; and that they meet the
third Tuesday of October next, at 12 o'clock, at Maxe's, in At-
tloborough, ill order t(» begin said work.

And it is i'mihov voted und enacted, that His Honor, the
Governor, write to Ills ivxcellency, the Governor of the Mas-
.sachusetts, informing him of this resolution ; and to request
that commissioners may be appointed on the part of that Prov-



1748.] AND PEOVIDENCE PLANTATIONS. 253

ince, to join with the commissioners of the colony, in order to
perform the business aforesaid.

Whereas, the General Assembly, at their last session, in
Newport, appointed Peter Bours, Stephen Brownell, Daniel
Coggeshall and William Hall, Esqs., together with Messrs.
Walter Chaloner, James Sheffield, Benoni Waterman and John
Eldred, or the major part of them, a committee, to inquire into
the conduct of the captain and lieutenant of the colony's sloop,
&c. ; and the major part of the said committee having assumed
and gone through the burthen of that province, made report as
foUoweth, to wit :

Report of the Committee in the case of Captain and Lieutenant
of the jSioop Tartar.

To the Honorable General Assembly :

" We, the subscribers, being appointed a committee to inquire into the conduct
of Capt. James Holmes, commander of the colony sloop Tartar, char"-ed with mis-
demeanors in his said office; and also into the conduct of Mr. Daniel Vauohan,
lieutenant of said sloop, with full powers to continue or suspend said officers, as
should be found agreeably to justice ; in pursuance of which, we have met, and had
before us the said Capt. Holmes and Mr. Daniel Vaughan, and on examining them
and several evidences, summoned before us, came to the following resolutions
which we now report :

1. That as to Capt. Holmes' going out without orders, or instructions from the
Governor, it was resolved by the committee, that his going out without orders, or
instructions from the Governor, or the Deputj^ Governor, was a great misdemeanor ;
but it appeared to the committee, that it was without any bad design, and princi-
pally to keep his men on board from deserting their service.

2. As to his conduct, in bringing to the schooner referred to by act of Assem-
bly, and what was consequent thereupon, the committee resolved, that it did not
appear by the evidences, that Capt. Holmes knew the said schooner was a tla" of
truce at that time ; but as she had been at Jamaica, and was furnished with a clear-
ance from the custom house of that island (which was produced to the committee),
there is room to allow that Capt. Holmes might suppose her to come directly from
thence ; but the committee was of opinion, that he greatly erred in putting his lieu-
tenant, Mr. Daniel Vaughan, on board said schooner, as a pilot, to bring her in, as
said Vaughan had the second command on board the colony sloop.

3. As to the said Capt. Plolmes' not waiting upon the Governor, or in his ab-
sence, the Deputy Governor, on his return from his cruise, the committee resolved,
that it was a breach of duty ; and that he ought, on his return, to have waited on
the Governor, or in his absence, the Deputy Governor, to have informed him of
what had occurred in said cruise.

Upon the whole, though it appeared to the committee that Capt. Holmes had
been guilty of several misdemeanors in his conduct, as captain of said sloop, yet it



254 RECORDS OF THE COLONY OF RHODE ISLAND [1748.

was resolved by them, that they did not amount to sufficient cause for a suspension
from his aforesaid post of captain of said sloop.

With respect to Mr. Daniel Yaughan, the lieutenant of the sloop, it appeared to
the committee, that he was put on board said schooner, by order of Capt. Holmes,
his superior officei'; and although he declared to the committee, that one Mr.
lli'Tht, on board her (who had with him a copy of one Capt. Haydon's commission,
to command a privateer vessel, which was produced to the committee,) ordered
him to carry the schooner to Coddington's Cove ; yet the committee were of
opinion, that he erred in complying with said Right's orders, and in not bringing
her into the harbor of Newport. But on considering the whole of his conduct,
and the circumstances attending it, on board said schooner, the committee resolved,
that there was not sufficient cause for to suspend him from his aforesaid office ot
lieutenant of said sloop.

PETER BOURS, WALTER CHALONER,

STEPHEN BROWNELL, BENONI WATERMAN.

WILLIAM HALL,
Newport, August 23, 1748."

It is voted and resolved, that the committee appointed to
build a pier and feny house on the west side of Jamestown,
and procure boats, &c., or the major part of the said committee,
to treat with John Martin, of Jamestown, or whoever owns the
piers or wharfs and ferry houses, on the west side of James-
town, and purchase, or hire of him, said piers or wharfs
and ferry houses, and boats, for the use of the colony,
until those they appointed to build are fit for use ; and, if he
refuse to let the colony have them upon reasonable terms, that
said committee take possession of the southernmost of said
piers or wharfs on the west side of Jamestown, and improve
them fur the use of the colony, and for accommodating the in-
liabitauts thereof; am], that reasonable damages be allowed by
tlie culuny to the owners thereof, for the same, during the time
they shall be improved for the use of the colony.

God save the Kinji.



The Duke of BcilJ'onl to the Governor and Compmvj of Rhode

Island.



Whitehall, August 9, 1748.
Gentlemen : — In my letter of the 28th June last, I acquainted you with the King
of Spain and the rc'pulilic of (umio.i's accession to the preliminary articles signed
at Ai.\ la Cuappellc, the llMli of April, O. S., 1748, for restoring a general peace.



1748.] AND PROVIDENCE PLAJ^TATIONS. 255

I am now to inform you, that their Excellencies, the Lords Justices, have since or-
dered a proclamation to be published, a copy of which is enclosed, declaring a ces-
sation of hostilities against His Catholic Majesty, and the republic of Genoa, and
their subjects, as well by sea as land ; which proclamation you are to cause to be
published in all the proper places under your government, to the end that His Maj-
esty's subjects there, may pay due obedience, and strictly conform themselves
thereto. I am, gentlemen.

Your most obedient servant,

BEDFORD.
To the Governor and Company of Rhode Island.



Proceedings of the General Assembli/ held for the Cohmj of
Rhode Island and Providence Plantations, at Providence, the
last Wednesda?/ in October, 1748.

The Hon. William Greene, Governor.

The Hon. William EUery, Deputy Governor.

With the assistants and deputies from the several towns.

It is voted and resolved, that Daniel Jenckes, Henry Harris
and Stephen Hopkins, Esqs., be, and they, or the major part of
them, are hereby appointed commissioners to run the northern
boundary line of the colony, from the stake set up by Nathan'l
AV^oodward and Solomon Saffery, in the year 1649, upon
Wrentham Plain, westerly, so as it may (at Connecticut river,)
be two miles and a half to the southward of a west line ; and
that said line be run clear through, to said Connecticut river,
according to an agreement made between the commissioners
of the Province of the Massachusetts Bay and this colony,
October the 22d, 1718 ; and that they meet the first Monday
in April next, at Pelatiah jMan's, at Wrentham, in order to be-
gin said work ; and that His Honor, the Governor, write to
His Excellency, the Governor of the Massachusetts Bay, in-
forming him of this resolution ; and to request that commis-
sioners may be appointed on the part of that government, to
join wit!i onr commissioners, to pcrfoi-m tlic business afore-
said.



256 RECORDS OF THE COLONY OF RHODE ISLAND [1748.

It is Yotcd and resolved, that the colony's sloop Tartar, to-
gether with all her appurtenances, stores and provisions, (ex-
cepting the warlike stores,) be sold by the commissarj^, at a
public vendue, to the highest bidder, within ten days after
the rising of this Assembly ; and that the commissary give
public notice of the sale, with a list of the stores, appurtenances
and provisions ; the price to be paid down into the general
treasury.

It is voted and resolved, that His Honor, the Governor, send
home, to Mr. Partridge, the colony's agent in Great Britain,
copies of the muster-rolls of the officers and soldiers, enlisted
for the expedition against Canada; together with a well attest-
ed copy of Governor Shirley and Governor Knowles' order for
the settlement of the pay ; and direct the agent to make ap-
plication for the re-payment thereof, by the crown ; and that
the former committee, viz. : George Wanton, Esq., Mr. James
Sheffield, Stephen Hopkins, Esq. and Capt. Hobert Haszard,
prepare said copies, and deliver them to His Honor ; and that
said committee render an account of all their proceedings to
the General Assembly, at their next session ; and that His
Honor, the Governor, draw bills for payment of the above
mentioned pa}" to the agent.

It is voted and resolved, that Robert Gibbs, William Hop-
kins, Daniel Jenckes, Stephen Hopkins and George Brown,
Esqs., be, and they, or the major part of them, are hereby ap-
pointed a committee to take into consideration the queries
sent from the board of trade, to this colony, and prepare an
answer thereto, and lay the same before this Assembly, at their
next session ; that, in the mean time, the town council of each
respective town in tliis colony, be, and they are hereby direct-
ed to appoint a pro})cr person to take an account of the inhab-
itants »'f each town, whites, Indians and blacks ; and deliver
said :;cc<.nnt to the said committee; and that the same com.
niittee take into consideration the letter from Chambers Rus-
sell, Esq., judge of the vice admiralty, and report thereupon to
this Asscmldy, at tlioir next session ; and that the secretary
Iraiisiiiil a Cdpy n|" this voto to each town dcrk in this colony.



1748.] AND PROVIDENCE PLANTATIONS. 257



Proclamaiion of Governor Shirley and Admiral Knoiulcs.

His Grace, the Duke of Newcastle, having, in his letter to Governor Shirley, sig-
nified that His Majesty, finding it necessary to employ the greatest part of his
forces to assist his allies, and defend the liberties of Europe, had thought proper for
the present, to lay aside the prosecution of the intended expedition against Cana-
da, and commanded him and Governor Knowles to discharge all the forces raised
for that service (excepting such as they should judge necessary to be kept in pay for
securing the Province of Nova Scotia,) and to thank the officers and men, in His
Majesty's name for their readiness and zeal to enter into his service.

In consequence thereof, we do hereby discharge all the said officers and men (ex-
cept four hundred,) out oT His Majesty's service, from the 31sfc of October, 1747,
and they are hereby discharged, accordingly.

And we do also thank them in His Majesty's royal name, for their readiness to
engage in their country's cause against the common enemy ; and though they are
prevented at present, of revenging themselves on a cruel, perfidious enemy, it cannot
be doubted but the same zeal and spirit will always animate them to serve again
whenever they are called upon.

Given under our hands, this •28th day of October, 1 747.

W. SHIRLEY,
CHARLES KNOWLES.

Thomas Hill to the Governor and Company of Rhode Island.

Whitehall, June 8, 1748.
Gentlemen : — I am directed by my lords commissioners for trade and plantations,
to send you the enclosed heads of inquiry, and to desire your particular answer
thereto, as soon as may be, together with your observations upon such points as you
shall think necessary ; and you are desired to make a return thereto every six
months, that their lordships may be apprized of any alterations which may happen
in the circumstances of your government.

I am, gentlemen.

Your most obedient servant,

THOMAS HILL.
To the Governor and Company of the Colony of Rhode Island.

Queries from the Board of Trade^ to the Governor and Company
of RJiode Island.

What is the situation of the colony under your government ; the nature of the
country, soil and climate ; the latitudes and longitudes of the most considerable
places in it, or the neighboring French or Spanish settlements ? Have those lati-
tudes and longitudes been settled by good observations, or only by common compu-
tations, and from whence are the longitudes computed ?

What are the reputed boundaries ; and are any parts thereof disputed, what
parts, and by whom ?

VOL. V. .83



258 RECORDS OF THE COLONY OF RHODE ISLAND [1748.

What is the constitution of the government ?

What is the trade of the colony, the number of shipping, their tonnage, and the
number of sea-faring men, with the respective increase or diminution, within ten
years past V

Wliat quantity and sorts of British manufactures do the inhabitants annually
take from hence ?

What trade has the colony under your government, with any foreign plantations,
or any part of Europe besides Great Britain ? How is that trade carried on '?
What commodities do the people under your government send to, or receive from
foreign ])!antations V

What methods are there used to prevent illegal trade, and arc the same
eflectual V

What is the natural produce of the country, staple commodities and manufac-
tures, and what value thereof in sterling money, may you annually export ?

What mines are there V

What is the number of inhabitants, whites and blacks ?

Are the inhabitants increased or decreased within the last ten years, how much
an! for what reasons V

AVhat is the number of the militia ?

What forts and places of defence are there within your government, and in what
condition V

What number of Indians have you, and how are they inclined ?

What is the strength of the neighboring Indians ?



Online LibraryRhode Island. cnRecords of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly (Volume 5) → online text (page 24 of 56)