Rhode Island. cn.

Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly (Volume 5) online

. (page 29 of 56)
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 29 of 56)
Font size
QR-code for this ebook


Auo-ust last, he had a brigantine, laden with rum, molasses,
&c., which was a new vessel, and sailed from Anquilla, bound
home, the property whereof was entirely his own, and of the
value of £18,000 or £20,000 ; that that the said brigantine
and cargo were not insured, and have not been heard of since ;
and so are supposed to be lost ; by which heavy stroke of
Providence, he is rendered unable to pay his just debts at
present, without selling some part of his real estate ; and
whereas, the petitioner owns a farm in said Westerly, adjoin-
ing to Pawcatuck river, near the mouth thereof; part whereof,
it is thought might not only be convenient, but also tend to a
public advantage, if settled with a town ; it being bounded
westerly, on the navigable part of said river, where there are
plenty of oysters and other fish to be taken at all times in the
year ; and plenty of stone and brick, with good timber, suita-
ble for building vessels and houses, near to be had, very
plenty ; with saw mills on said river, for the sawing plank,
&c., with many other valuable conveniences ; whereupon, he
prayed this Assembly to grant him a lottery, of about £26,-
000 ; in which lottery, he, the petitioner, will put to sale one
hundred and twenty-four lots of land (with two dwelling-
houses thereon) ; part of the aforesaid farm, adjoining to the
aforesaid river, none less than a quarter of an acre, and some
half acres, at a certain value put on them by two judicious and
disinterested men, namely : Capt, Isaac Sheffield and Capt.
Elias Thompson ; the sale of which lots, will enable the peti-
tioner to pay his just debts, &c.

[The General Assembly accordingly passed a resolution, au-
thorizing Mr. Pendleton to dispose of his estate by lottery, the
scheme for which, appears at length on the records.]



1750.] AND PROVIDENCE PLANTATIONS. 305

It is voted and resolved, that the choice of the several com-
mittees, in the several towns, for the management of the colony's
money, let or to be let on loan, be, and the same is hereby
referred unto the next session of this Assembly ; and that the
present officers be continued until that time, with full power of
doing, acting and transacting all business appertaining to
their offices, in the meanwhile.

God save the King,



Proceedings of the General Assembli/, held for the Colony of Rhode
Island and Providence Plantations, at Netvport^ the od Mon-
day of August, 1750.

The Hon. William Greene, Governor.

The Hon. Robert Haszard, Deputy Governor.

With the assistants and deputies from the several towns.

This Assembly having considered the subject matter of the
petition of divers persons, inhabitants on the land claimed by
this colony, from the Province of the Massachusetts Bay, and
their circumstances, —

Do order, that the secretary of this colony write a letter to
the secretary of the said Province, to be laid before their Gen-
eral Court, representing that this Assembly has had certain in-
formation that a considerable number of those persons inhabit-
ing on the said disputed lands, are apprehended and prosecut-
ed at the Worcester court of sessions, as rioters, occasioned by
some indiscreet proceedings of some officers in the colony ;
which, as they were done in the recess of this Assembly, so
they were begun and carried on without the knowledge and
privity of this Court ; and that all these things have happened
since the last letters to said Province ; they therefore desire, that
as the General Court of said Province, has always, in all their
letters to this colony since this dispute has subsisted, shown a

VOL. V. 39



306 RECORDS OF THE COLONY OF RHODE ISLAND [1750-

disposition to have the said northern boundary line between
us, run and settled in the most amicable way possible ; so, on
our part, that it is our hearty desire that every thing should
be done to cultivate that good harmony and friendship that
ought to subsist among neighbors ; and that those poor people
who are settled on the said disputed land, may not be made a
sacrifice to the resentments of that Province, for being misled
by any inconsiderate officers of this colony, since this Assem-
bly have reason to believe that the persons so prosecuted, had
no riotous intent to disturb the peace of the government ; —

Therefore, this Assembly desires that the General Court of
said Province would give orders to the judges of said court at
Worcester, to suspend any furthOr prosecution against said
men, till the said matter of the said line shall be issued ; or
that the secretary write something to the like purpose ; and to
desire them also to suspend the levying the taxes from said
jieople.

Also, His Honor the Governor, is desired to write, by the
first ship, to the agent for this colony, in London, directing
him to represent to His Majesty, the circumstances of said
people, and the rigorous demands that are made on them for
taxes, &c., in order to obtain from His Majesty in council, an
order to said Province to suspend the levying any more taxes,
or using any violent means with said people, till the said north-
ern line shall be finally settled and established.

It is voted and resolved, that the colony's ferries on the west
side of Jamestown, be sold to the best advantage of the gov-
ernment ; and that Daniel Coggeshall,- Thomas Cranston and
Immanuel Northup, Esqs., be, and they, or the major part of
them, are hereby constituted a committee, with full power to
sell and dispose of said ferri(!S by public vendue, or otherwise,
as they shall tliink proper; advertising the same fourteen days
before the sale ; and when they have sold them, the said com-
mittee, in Ix'lialf of the colony, make, seal and execute a good
and suflicient deed or deeds of said ferries to the buyer or buy-
ers thereof; and that the money arising thereby, be lodged in
tlie general treasury ; and that out of the same, the general



1750.] AND PROVIDENCE PLANTATIONS. 307

treasurer pay ofF all such money as was by him hired for build-
ing the light house.

An Act to prevent the falling through of the near approaching

superior court of judicature, &c., in the county of Newport.

Whereas, the town meetings of the several towns in this
colony, for choosing deputies to sit in the General Assembly,
on the last Wednesday of October next, are held on the same
day which the superior court of judicature, court of assize and
general jail delivery, are to be held at Newport, Avithin and for
the county of Newport, whereby the judges of said court Avill
be deprived of the benefit of attending said town meetings, un-
less they sufi'er said court to be discontinued :

For remedy whereof, be it enacted by the General Assembly
of this colony, and by the authority thereof it is enacted, that
if it should happen that none of the judges of said court shall
appear at Newport, on the day appointed by law for holding
said court, that then, and in such case, said court shall not be
discontinued : provided, any one or more of the judges appear
the next day, and proceed to do business, or adjourn said court
according to the law now in force j and that all business done
in said court, if so held, shall be as valid and effectual, as if the
same had been held or adjourned on the day appointed by
law.

And it is also voted and enacted by the authority aforesaid,
that the sheriff of the county of Newport, shall notify all per-
sons concerned, by setting up a copy of this act at the court
house door, on the usual day of holding said court.

Whereas, Moses Lopez, of Newport, in the county of New-
port, merchant, represented unto this Assembly, that he hath
for several years past, translated letters and papers from the
Spanish into English, for the use of the government, which he
has declined being paid for, inasmuch as it was for said use; that
he is ready and willing at all times to do the like, and desires
no other gratuity than to be exempted from all otlior personal
duties in the colony, during his residence tlierein ; and prayed
that an act might be passed accordingly.



308 RECORDS OF THE COLONY OP RHODE ISLAND [1750.

On consideration whereof, this Assembly do vote and enact,
and it is voted and enacted, that the said Moses Lopez be, and
he is hereby exempted from all personal duties in this colony,
excepting the above mentioned, until the General Assembly
shall order otherwise.

Whereas, Col. Joseph Pendleton and Mr, Gideon Hammond,
both members of the lower house, have informed this Assem-
bly, that the said house has been grossly abused by Samuel
Pemberton, and another person ; —

It is therefore voted and resolved, that the said persons
be brought before this Assembly (by a warrant from the secre-
tary), to answer for their behaviour, and sufier what shall be
enjoined by this Assembly.

Whereas, complaint hath been made unto the lower house,
that Samuel Pemberton hath grossly abused this Assembly, by
saying, " That the General Assembly are a parcel of damned
rascals and scoundrels, and as bad as thieves and robbers, and
had taken £5,000 out of his pocket," and the said Samuel
Pemberton being brought before this Assembly, acknowledged
that he had so said ; but that he intended only those that
voted for making the money; —

It is therefore voted and resolved, that the said Samuel
Pemberton be committed to His Majesty's jail, in Newport,
until he give a bond with sufficient surety, in the sum of
£5,000, for his appearance before the Assembly, at their next
session to be held the last Monday in September next.

God save the King.



1750.] AND PROVIDENCE PLANTATIONS. 309



Proceedings of the General Assembly held for the Colony of
Bhode Island and Providence Plantations, at Providence, the
last Wednesday in October, 1750.

The Hon. William Greene, Governor.

The Hon. Robert Haszard, Deputy Governor.

With the assistants and deputies from the several towns.

It is voted and resolved, that the secretary be, and he is
hereby directed to write to the secretary of the Province of the
Massachusetts Bay, informing him that the committee appoint-
ed by this government to run the northern boundary line of
this colony, will meet for that purpose, at the house of Benja-
min Tower, in Cumberland, on the 18th day of December
next; and request of the Province to appoint a committee
meet ours at the time and place above mentioned.

Whereas, the committee appointed by the General Assembly,
at their session in Newport, the third Monday of August last,
to sell the colony's ferries on the west side of Jamestown, have
performed that service, and made the following report, to wit :

Report of the committee on the sale of the colony^ s ferries.

" We, the subscribers, being appointed a committee by the
General Assembly, to sell the government's ferries on the west
side of Jamestown, do report :

That agreeably to act of Assembly, we set up advertisements
fourteen days before sale, and at the time appointed, which was
the 19th of this instant, we set up conditions of sale at the
south ferry house, when ]\Ir. Abel Franklin and jNIr. Stephen
Wilcox bought said ferries, according to conditions of sale ;
and said Franklin paid £100 cash, in part of the purchase
money ; for which we gave them our receipts in behalf of the
government, and then appointed the 25th of this instant, to be



olU RECORDS OF THE COLONY OF RHODE ISLAND [1750.

the time to complete said contract ; and upon the 25th of this
instant October, we met at the aforesaid ferry; all parties
being present, we ordered the surveyor to run out said land ac-
cording to conditions of sale, which was then done ; and two-
thirds of said land laid out to the south ferry, and the other third
to the north ferry ; and then filled up the deeds of sale, and
offered them to the parties ; when Mr. Stephen Wilcox com-
plied with conditions of sale, and signed the bonds, and received
his deed of sale, executed b}^ us in behalf of the government ;
but Mr. Abel Franklin refused to comply with conditions of
sale, according to agreement. All which is humbly submitted,
by DANIEL COGGESHALL,

THOMAS CRANSTON,
IMMANUEL NORTHUP,

Committee."

And this Assembly having taken the said report into con-
sideration, —

Do vote and resolve, and it is voted and resolved, that the
said report be, and it is hereby accepted.

The committee appointed by an act of Assembly, to buy the
two ferries, &c., on the west side of Jamestown, for the colony,
exhibited their accounts, which was received.

An Act in addition to an act of the General Assembly, made
and passed on the 17th day of February, A. D. 1746, enti-
tled " An act for regulating appeals to His Majesty in coun-
cil, in Great Britain," and for repealing the former act made
for tliat purpose.

Be it enacted by the General Assembly of this colony, and
by the authority of the same it is hereby enacted, that from
and atlor the pnl)lication of this act, no defendant in any suit
of law iu this colony, the foundation whereof, being a bond
conditioned lor the payment of money only, shall have leave to
appeal from the judgment of such court, where such action
shall ])C tried, to His Majesty in council; but that the last
judgment of the supei'iur euurt of jiulieature, iu this colony,



1750.] AND PROVIDENCE PLANTATIONS. 311

as trials now stand, regulated by the laws of this colony, shall
in all such cases be final.

And furthermore, that in all appeals to Ilis Majesty in
council, from this colony, if the appellant doth not obtain a re-
versal of the judgment appealed from, or fails in prosecuting
such appeal, the appellee, in such cause, may, by action of the
case, recover all just and reasonable costs and damages ; any
law, custom, or usage to the contrary hereof, in any wise, not-
withstanding.

It is voted and resolved, that the attorney general, Daniel
Jenckes, Esq. and Capt. Elisha Brown, be. and they are here-
by constituted a committee, to make the draught of a letter to
be sent to our agent in Great Britain, instructing him with re-
spect to a bill now pending in Parliament, about paper bills of
credit, &c., to defend us against a complaint lately sent home
against the government, by sundry merchants and others, in
this colony ; and to desire the agent to procure and send to
this government, a copy of the said complaint, with the sign-
ers' names ; but that the said draught, when made, be not sent
until it be laid before this Assembly.

It is also voted and resolved, that Daniel Jenckes and Na-
thaniel Lewis, Esqs., be, and they are hereby constituted a
committee, to inquire into the number of iron works, &c., in
this colony, as directed from home, and make report to His
Honor, the Governor, in order that he may give proper answers
to the letters he has received on that head, as soon as may be.

God save the King.

Petition to the King, relative to hills of credit.

Newport, on Rhode Island, 4th September, 1750.

To the King's Most Excellent Majesty : — We, Your Majesty's very dutiful and
most loyal subjects, inhabitants of your colony of Rhode Island and Providence
Plantations, in New England, humbly crave leave to represent to Your Maj-
esty,—

That the currency, or instrument of commerce of a country, being tiie standard
and measure by which the worth of all things bought and sold, are estimated and
determined, it ought to be fixed invariably, otherwise property can neither be as-
certained nor secured by any plan or method whatsoever.



312 RECORDS OF THE COLONY OF RHODE ISLAND [1750.



That the currency of this government is so far from being fixed, that it hath
sunk in its value above one-half; within seven years last past, whereby all the cred-
itors of the colony, have been greatly defrauded ; and all whose effects or estates
have consisted of money, or bills of public credit, so called, amongst whom are
numbers of widows and orphans, have been grievously injured, oppressed and al-
most ruined.

That this colony hath now outstanding the sum of £525,335, in bills of public
credit, emitted at several times, partly upon loan, and partly to supply the colony
treasury ; that the sum upon loan is £390,000, the value of which, at the time of is-
suing, was £78,111 sterling ; and the present sterling value is but £35,445.

That the bills emitted to supply the treasury by acts of Assembly, ought to be
sunk or drawn in by a tax ; but the government have hitherto delayed the execu-
tion of these acts, no tax having been yet levied for that purpose.

That several petitions for a new bank, or another emission of paper bills of pub-
lic credit, have been preferred to the present General Assembly of this colony, and
that the house of deputies, notwithstanding all remonstrances to the contrary, have,
at their session of August last, passed a vote for issuing £50,000 in bills of a new
tenor ; and have appointed a committee of four of their members, to prepare and
bring forward a. bill for such effect, and then adjourned until the last Monday of
this instant September.

That the landholders of this colony, having generally mortgaged their farms, or
plantations, as a security for the bills of credit they have taken upon loan, have
found it their interest to multiply such bills, that they may depreciate and lessen in
value, and which they have recourse to, as a legal expedient of wiping away their
debts without labor ; whereby, the laudable spirit of industry is greatly extinguish-
ed, and Your Majesty's trading subjects greatly discouraged for want of produce
and remittances.

Sensible of the misfortune and hardships we labor under, we do therefore most
humbly pray Your Majesty that the legislature or authority of this government,
maybe prevented and effectually restrained from making or emitting any more bills
of public credit upon loan, without Your Majesty's royal permission, and be com-
manded to stop and recall this intended emission of August last, from circulating or
being offered or taken in payment of debt, or from passing any acts whereby any
extant bills of public credit may be either debased in value or postponed in their
period of being drawn in ; and that Your Majesty will be graciously pleased to in-
terpose in this matter, in such manner as in your royal wisdom shall seem meet
to relieve us from the injury and oppression of a flood of fluctuating sinking paper
bilis of public credit. And your petitioners shall ever pray, &c.



John Freebody,
Samuel Freebody,
John Freebody, Jr.,
Daniel Ayrault,
Stephen Ayrault,
Walter Cranston,
Francis Iloncyman,
Walter Rodman,
riiiiip Wilkinson,
Abraham Redwood,
Samuel N'ernon,



Andrew Hunter,
John Thurston,
Daniel Ayrault,
Samuel Rhodes,
Joseph Harrison,
Peter Harrison,
John Beard,
John Tweedy,
Edward Cole,
William Stevens,
Thomas Rodman, Ji



Samuel Pemberton,
David Moore,
William Rogers,
Henry Collins,
James Gould,
John Fryers,
John Belittia,
Jacob Dehane,
Samuel Dyno,
Samuel Engs,
Benjamin Willson,



1750.]



AND PROVIDENCE PLANTATIONS.



31;



Gideon Sisson,
Jeremiah Finney,
Henry Bull,
Joshua Amy,
John Thurston,
John Dennis,
Jahleel Brenton,
John Brown,
Simon Pease,
William Richards,
Fat. Grant,
Andrew Heatly,
Lodowick Widicke,



Robert Jenkins, Jr.,
John Cook,
Jonas L. Redwood,
William Coddington,
Jeremiah Brown,
Jonathan Thurston,
Joseph Sanfbrd,
Solo. Townsend,
Pardon Tillinghast,
John Whitehorn,
Thomas Freebody,
Josei^h Bruce,
Samuel Holmes,



John Cole,
John Paine,
George Gibbs,
Jonathan Tillinghast,
Benoni Gardner,
Ebenezer Richardson,
Ebenezer Flagg,
Resolved Waterman,
John Stevens,
Joseph Willson, Jr.,
Benjamin Smith,
Daniel Coggeshall,
Jonas Sisson.



Proceedings of the General Assemhl// held for Ihe Colon// or
Rhode Island and Providence Plantations^ at Providence^ on
the first Monday of December^ 1750.

The Hon. William Greene, Governor.

The Hon. Robert Haszard, Deputy Governor.

With the assistants and deputies from the several towns.

Before this Assembly was read an act of Parliament, entitled
" An act to encourage the importation of pig and bar iron
from His Majesty's colonies in America ; and to prevent the
erecting of any mill, or other engine, for slitting or rolling of
iron, or anj^ plating forge to work with a tilt hammer, or any
furnace for making steel, in any of the said colonies ;" and
also the letter and instructions from the lords commissioners
for trade and plantations.'='



'^' The DuJce of Bedford to the Governor of Rhode Island.

Whitehall, 14th April, 1750.

Sir: — The King having given his royal assent, the last session of Parliament, to
an act, entitled " An act to encourage the importation of pig and bar iron from His
Majesty's colonies in America, and to prevent the erection of any mill or other en-
gine for slitting or rolling of iron or any plating foi'ge, to work with a tilt hammer,

VOL. V. "10



314 RECORDS OF THE COLONY OF RHODE ISLAND [1750.

And the same being taken into consideration, this Assembly
is well assured, that there is not in this colony, any such mill
or engine for slitting or rolling of iron, or any plating forge to



or any furnace for making steel, in any of the said colonies ;" -which act is to take
place the 24th June next ; and His Majesty's governors in North America, having
particular instructions given them therein, I have the King's commands to transmit
it to vou, to the end that you may have the same duly published and observed
throughout your government.

I am, sir, your most obedient humble servant,

BEDFORD.
To the Governor of Rhode Island.

Thomas Hill io the Governor and Company of Rhode Island.

Whitehall, May the 29th, 1750.

Gentlemen : — Three acts having been passed in the last session of Parliament,
■wherein the British plantations are concerned, viz. :

An act for extending and improving the trade to Africa ;

An act for encouraging the growth and culture of raw silk in His Majesty's colo-
nies or plantations in America;

An act to encourage the importation of pig and bar iron from His Majesty's colo-
nies, in America ; and to prevent the erection of any mill or other engine for slit-
tiiig or roHing ot iron ; or any plating forge, to work with a tilt hammer ; or any
furnace, for making steel in any of the said colonies ;

I am directed by my lords commissioners for trade and plantations, to send you
the enclosed printed copies of them, for your information and government in the
several matters therein contained. I am, gentlemen,

Your most obedient servant,

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

P. S. As to the last mentioned aft, to encourage the importation of pig and bar
iron. I am further directed to recommend to you a punctual compliance therewith ;
and in pirticular, that you do immediately transmit to their lordships, certificates
under your hand an<l seal of office, containing an account of every mill or engine
for slitting and rolling of iron ; and every plating forge to work with a tilt hammer;
and every furnace for making steel, at the time of the commencement of this act,
erected in your government; expressing also, in the said certificate such of them as
are used ; and the name of the proprietor or proprietors of each such mill, engine,
forge and furnace ; and the place where each such mill, engine, forge and furnace
is erected ; and the number of engines, forges and furnaces in your government.

And you are to take especial care, that if after the time limited by the said act»
any mill or other engine for slitting or rolling of iron, or any plating forge to work
with a tilt hammer, or any furnace for making steel, shall be erected or continued
within your government, you do cause the same to be abated within the time and
in the manner prescribed by the said g,ct. T. II.



1750.] AND PKOVIDENCE PLANTATIONS. 315

work with a tilt hammer, or any furnace for making steel, as
mentioned and expressed in said act.

And therefore it is voted and resolved, that His Honor, the
Governor, be, and he is hereby requested to inform the Right
Honorable and Honorable, the Lords Commissioners for Trade
and Plantations, of the same, as soon as conveniently may
be.

Whereas, the committee, that was appointed to form the
draught of a letter to be sent from this government, to Mr.
Agent Partridge, have performed that service, and presented
this Assembly with one; —

Which being duly considered, this Assembly do approve
thereof; and thereupon it is voted and resolved, that a fair
copy of the same be drawn, to be signed by His Honor, the
Governor, and sent to the agent by the first good opportunity.



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 29 of 56)