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audit the accounts of that committee, which was appointed to pay off the officers
and soldiers raised for the intended expedition against Canada, do report conforma-
bly to said appointment :

We have audited the above account of Stephen Hopkins, Esq., one of said com-
mittee, and do find there is due from him to the colony, £194 10s., old tenor, as
appears by the above account stated. JOSEPH WHIPPLE,

JOHN TILLINGHAST,

Dated Newport, August 21, 1751. THOMAS CRANSTON."

The colony of Rhode Island, Dr.
To our time and trouble, auditing the above account ; likewise audit-
ing the account of Messrs. George Wanton and James Sheffield,

two others of said committee £45 Os. Oa.

JOSEPH WHIPPLE,
JOHN TILLINGHAST,
THOMAS CRANSTON."

VOL. V. 43



338 RECORDS OF THE COLONY OF RHODE ISLAND [1751.

And now this Assembly, having taken the premises into
consideration, and duly examined the same, —

Do vote and resolve, and it is voted and resolved, that the
said report be, and it is hereby accepted ; that the amount
charged by the committee against the colony, be allowed, and
£45, the amount thereof, paid them out of the general treasury.

God save the King.



Proceedings of the General Assembly held for the Colony of
Rhode Island and Providence Plantations, at South Kings-
tovm, the last Wednesday in October, 1751.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

Whereas, upon His Majesty's creating His Royal Highness,
Prince George, Prince of Wales, he was pleased to order in
council, that a particular form of prayer should be used in
praying for the royal family, and hath directed this govern-
ment to cause the same to be published in the several parish
churches, and other places of divine worship, within this colo-
ny, &c.,—

This Assembly therefore vote and resolve, and it is voted
and resolved, that His Honor, the Governor, cause proclama-
tion to be made of the aforesaid order throughout the colony,
requiring it to be observed according to the true intent and
meaning thereof

Whereas, the town of Providence, did, by Stephen Hopkins,
Esq., one of their deputies, represent unto this Assembly, that
in and near said town, for some time past, there hath been,
and still is carried on, a considerable trade by sea, whereby the
small pox hath of late been very often brought into said town;
and as there is no pest house in that part of the colony for the
receiving such infected persons, there is very great danger of
the distemper's spreading ; which (should it happen) would be



1751.] AND PROVIDENCE PLANTATIONS. 339

of very fatal consequence to this colony ; he therefore, in be-
half of said town, prayed a grant of such a sum of money out
of the general treasury, as this Assembly shall think reasona-
ble for the purpose aforesaid ; which being duly considered, —

It is voted and resolved, that the sum of £600, be allowed
and paid out of the general treasury, towards building a pest
house, for the end and purpose, aforesaid.

And that Mr. William Smith, of Providence, be empowered
to draw said sum, for the use aforesaid, upon sufficient securi-
ty's being lodged in the general treasury that all parts of the
government shall have the privilege of making use of said
house as often as occasion shall require ; the county of New-
port excepted.

Whereas, Thomas Haszard, keeper of His Majesty's jail, at
South Kingstown, in the county of Kings county, by petition,
represented unto this Assembly, that on the 24th of February
last, one Thomas Carter, of Newport, was committed to said
jail, for the murder of William Jackson, late of Virginia ; that
said Carter was by the said Haszard, safely kept in said jail,
till the 10th of May, when he was executed ; that from a gen-
eral fear, which spread itself through the country, that at-
tempts might be made to rescue said Carter, the petitioner was
forbidden by the authority, to entertain strangers or travel-
lers, and was obliged to be constantly at home, to his great
loss, &c. ; and thereupon prayed that the sum of £5 per week
might be allowed and paid him, out of the general treasury ;
this Assembly, having taken the premises into consideration, —

Do vote and resolve, and it is voted and resolved, that the
said petition be, and it is hereby granted.

God save the King.

[The following Public Laws, passed during the year 1751, are printed at
length in the volume of public laws, published in the year 1767, unless repealed
previous to that time.]

An Act in addition to an act, entitled " An act prohibiting sports and labor on the
first day of the week," made and passed by the General Assembly, May 6, 1679.
(March.)

An Act for promoting the raising flax and wool, and manufacturing the same into
cloth; and also for giving a proper and suitable encouragement for carrying on



340 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

the whale and cjd fishery ; and for these ends, making and emitting the sum of

£25,000 in bills of public credit of this colony, and settling and ascertaining the

value thereof, (March.)
An Act to prevent all persons keeping house within this colony, from entertaining

Indian, negro or mulatto servants or slaves. (March.)
An Act for reviving the superior court of judicature, court of assize and general

jail delivery, of the county of Newport. (March.)
An Act for granting an excise upon wines, liquors and other strong drink, sold by

retail within the town of Newport. (March.)
An Act to prevent breaking lamps, that are already, or shall hereafter be set up in

the town of Newport. (Marcb.J
An Act for the preventing of damage to be done by the firing of the woods in any

town in this colony.
An Act in addition to an act, entitled " An act for granting an excise upon wines,

liquors and other strong drink, sold by retail in the town of Newport." (May.)
An Act for amending, explaining and repealing several paragraphs in the act

jiassed in Maixh, of the present year, for promoting the raising of flax and wool,

the encourageuK'nt of the whale fishery, etc. etc. (June.)
An Act regulating and establishing a just and equal mode of gauging, throughout

the colony. (June.)
An Act for naturalizing Francis Ferrari, of Newport, merchant, late a subject of

the Republic of Genoa. (June.)
An Act for erecting and establishing the office of notary public, in the town of

Providence. (August.)
An Act increasing the allowance to insolvent debtors, in His Majesty's jail, and

that of poor prisoners at the King's suit. (August.)
An Act for naturalizing Peter Simon, of Newport, merchant, late a subject of the

French king. (August.)



Proceedings of the General Assembly, held for the Colony of Bhode
Island and Providence Plantations, at South Kingstown, the last
Tuesday in February, 1751-52.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With ihQ assistants and deputies from the several towns.

Wherea.s, the General Assembly of this colony, at their ses-
sion in June last, appointed Stephen Hopkins, Esq., Capt. Jo-
seph Harrison and Mr. Matthew Robinson, a committee, to ex-
amine into all the circumstances, and other matters of fltct, re-
lating to the northern boundary line of tliis colony, with full



1752.] AND PROVIDENCE PLANTATIONS. 341

power to procure all such evidences, records and papers, as may-
be thereunto necessary ; and to correspond and join with the
colony of Connecticut, or a committee by them appointed (if it
be found most expedient), in the prosecution of that affair ;
and upon the whole, to prepare as complete a statement of the
case as they are able ; and to lay the same before the Assem-
bly as soon as it can conveniently be done ; and the business
remaining still unperpetrated, —

This Assembly do vote and resolve, and it is A^oted and re-
solved, that Thomas Arnold, Esq., be, and he is hereby added
to said committee ; and that they, or any two of them, proceed
on the affair, and complete it as soon as the same can be well
done ; and make report of their doings to this Assembly, at
their next session.

Whereas, William Barber and others represented to this As-
sembly that sundry of the inhabitants of Westerly had peti-
tioned their town council, to order two highways to be laid out
in said town ; one from Wood river, to Exeter ; and the other
from Crandall's Mill, through said town, northerly, to meet with
the said intended highway ; and notwithstanding the said pe-
tioners had showed the said town council the necessity of said
highways, their petition was rejected ; whereupon, thoy made
application hither : and this Assembly, having taken the prem-
ises into consideration, and duly weighed the arguments of the
parties, —

Do vote and resolve, and it is voted and resolved, that Rob-
ert Lillibridge, Esq., Stephen Richmond, Esq. and Mr. Benja-
min Brown, be, and they, or the major part of them, are hereby
constituted a committee, with full power to lay out highways,
agreeably to the prayer of the aforesaid petition, and agree
with the owners of the land, through which said highways shall
run ; or in case they cannot agree, then to set a price on the
land that shall be so converted into highways ; that the whole
charge be paid by the town of Westerly ; and that the said
committee make report to the General Assembly, at their next
session.

Whereas, the General Assembly of this colony, some time



342 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

past, being well informed of the great necessity of paving the
streets of Newport, and more especially, that leading from the
colony house, did, for that end, grant a public lottery ; but
some of the directors declining being concerned therein ; and
the time for drawing the same elapsed ; —

It is therefore voted and resolved by this Assembly, and by
the authority thereof, that the said lottery be, and it is hereby
revived in the following manner, viz. :

The lottery shall consist of twelve thousand and five hun-
dred tickets, at £4 old tenor, each ; three thousand and forty-
nine of which, to be fortunate, in the following manner :

[Here follows the scheme of the lottery.]

Whereas, Col. Christopher Champlin and Capt. Nathaniel
Lewis, deputies of Charlestown, did, in behalf of said town, rep-
resent unto this Assembly, that they are under great difficulty
and disadvantage, for want of some convenient harbor or land-
ing, for transportation, it being about sixteen miles from said
town to Point Judith Pier, and almost as far to Pawcatuck
River, which places are the nearest harbors they have to de-
pend on ; which they set forth to the General Assembly, some
years past, who appointed a committee to inspect into the cir-
cumstances of said affair, and find out whether said difficulty
might not not be remedied, by turning a branch of Pawcatuck
[river] into a large salt pond, in said town ; which stream of
water (when turned into said pond,) will undoubtedly keep
open a large breach running out of said pond into the sea ;
that the committte did view and examine into the aflair, and
reported to the Assembly, that it might be very well effected,
and that without an extraordinary charge, &c. ; that upon the
report of said committee, the Assembly, in their wisdom, passed
an act for turning said river for the purpose aforesaid, on con-
ditions which were not easily to be performed by the petition-
ers ; they being to procure sufficient bonds, to make and main-
tain such and so many bridges as should become necessary,
and occasioned Ijv taming said river; and also to carry on the



1752.] AND PROVIDENCE PLANTATIONS. 343

fourth part of said work, the other three parts to be done at the
charge of the colony ; that now the conditions enjoined by said
act of Assembly, are performed, &c. ; whereupon, they prayed
to be directed to go on in the aforesaid work, agreeably to the
aforesaid act of Assembly ; and that the colony's part of the
charge be paid out of the interest of the present bank, &c. ;
and this Assembly having taken the premises into considera-
tion, —

Do vote and resolve, and it is voted and resolved, that Ben-
jamin Haszard, Jeremiah Lippitt and Joseph Nichols, Esqs., to-
gether with Messrs. Joseph Harrison and Isaiah Wilkinson, be,
and they, or the major part of them, are hereby appointed a
committee, to inspect into all the circumstances relating to the
aforementioned affair, and form an estimate of the cost and
charge of performing said work, and report to this Assembly
at their next session.

It is voted, resolved and declared, that the true intent and
meaning of the act passed by the General Assembly, in their
session at Newport, in June last, for settling and ascertaining
the value of silver ; that Spanish silver milled dollars pass for
fifty-six shillings each, in bills of credit of the old tenor, and
for all other bills of credit of the other emissions, equivalent
thereto.

God save the King.



Proceedings of the General Assembli/, held for the Colony of Hhode
Island and Providence Plantations, at Neivport, the hth day
of May, 1752.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

ASSISTANTS.

Mr. John Tillinghast, Mr. Nicholas Cooke,

Mr. Jonathan Nichols, Mr. Jabez Bowen,



344 RECORDS OF THE COLONY OF RHODE ISLAND [1752.



ASSISTANTS.

Mr. Stephen Browuell, Mr. William Ptichmond,

Mr. Robert Lawton, Mr. Jeoffrey Watson.

Mr. James Arnold,

The lion. Thomas Cranston, speaker, and Mr. Josias Lyn-
don, clerk.



Proceedings of the General Assemhl//, held for the Colony of Rhode
Island and Providence Plantations, at Neivport, the first Wednes-
day/ of May, 1752.

The Hon. William, Greene, Governor.

The lion. Joseph Whipple, Depnty Governor.

With the assistants and deputies from the several towns.



DEPUTIES.


Newport.


WarwicJc.


Mr. Nathaniel Coggeshall,


Capt. John Greene,


]Mr. Edward Scott,


Mr. John Ilolden,


Mr. Thomas Cranston,


Lieut. Col. Stephen Low^


INIr. Peter Bours,


]Mr. Benjamin Arnold.


Capt. Job Bennett, Jr.


Westerly.


Providence.


Col. Oliver Babcock,


Mr. Stephen Hopkins,


Mr. Joshua Babcock.


Mr. Elisha Brown,


New Shore ham.


Mr. George Brown.


Mr. John Littlefield,


Portsmouth.


Mr. Joshua Sands.


Mr. William Anthony, Jr.,


North Kingstown.


Mr. John Allen,


Col. Immanuel Northup,


Mr. Caleb Hill,


Mr. Beriah Brown.


Mr. Gideon Freeborn, Jr.





1752.]



AND PROVIDENCE PLANTATIONS.



345



DEPUTIES.



South Kmgstoim,
Mr. Jeofl'iy Haszard,
Col. Thomas Hazard.
East Greenwich,
Mr. Joseph Nichols,
Mr. John Fry.

Jamestown.
Mr. Joseph Clarke.
Mr. Josiah Arnold, Jr.

Smithfield.
Mr, Thomas Arnold,
Mr. John Aldrich.
Scitucde.
Capt. Job Randall,
Capt. Charles Harris.

Glocester.
Col. Richard Smith,
Mr. Andrew Brown.
Charlestown.
Capt. Nathaniel Lewis,
Mr. James Congdon, Jr.

West Greenwich.
Mr. Jeremiah Ellis,
Mr. George Gardner.

Coventry.
Mr. John Greene,
Mr. Caleb Greene.



Exeter.
Capt. John Reynolds,
Mr. Job Tripp."

Mlddlctmvn.
Capt. William Turner,
Mr. Joshua Coggeshall.

Bristol.
Mr. Jonathan Peck,
Capt. Simeon Potter.

Tiverton.
Mr. Edward Wanton,
Mr. Thomas Howland.

Little Compton.
Mr. William Hall,
Mr. Richard Greenhill.

Warren.
Capt. John Adams,
Mr. John Cole.

Cimiberland.
Mr. Job Bartlett,
Mr. John Dexter.
Richmond.
Mr. John Weston,
Mr. Joseph Hoxsie,



The Hon. Thomas Cranston, speaker, and Mr. Josias Lyndon,
clerk.

The following officers declared elected, were duly engaged.



The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor,

VOL. V. 44



34G RECORDS OF THE COLONY OF KHODE ISL.\ND [1752.



ASSISTANTS.

Mr. John Tillinghast, Mr. Robert Lawton,

Mr. Jonathan Nichols^ Mr. James Arnold,

Mr. Nicholas Cooke, Mr. William Richmond,

Mr. Jabez Bowen, Mr. Daniel Coggeshall,

Mr. Stephen Brownell, Mr. JeolTrey Watson.

SECRETARY. GENERAL TREASURER.

Mr. Thomas Ward. Mr. Thomas Richardson.

ATTORNEY GENERAL,

Mr. Daniel Updike.

The united committees of the colony of Connecticut, and of
this, presented the Assembly Avith the following report, viz. :

RejJOii on the Northern Boundary.

"jWe, the subscribers, being appointed by the General Assemblies of the colonies
of Connecticut and Khode Island, respectively, to examine into all the matters ol'f'act,
records, evidences, papers and circumstances relating to the northern bounds of the
said colonies, towards the Province of the Massachusetts Bay, 'with authority in be-
half of each colony, to join together and correspond in the prosecution of this mat-
ter ; and in pursuance of the things committed to us, we met together at Hartford,
in the colony of Connecticut, and having duly examined, to the best of our abili-
ties, the whole of this dispute, have agreed to jointly make the following report :

That we find King Charles the First, in the fourth year of his reign, granted a char-
tor to the Massachusetts colony, bounding them southerly in these words : ' And a
certain other river there, called Charles River, being in the bottom of a certain bay
there ; and also all and singular those lands and hereditaments whatsoever, lymg
wit]}in (he space of threa English miles, on the south part of said Charles River, or
iifaiiy and every part thereof; by which description, compared ^xith the other parts
iifsaid charter, it plainly appears, that the place or point, which is three English
miles south from the most southern part of Charles River, is the place Where a line
ought to commence and run from thence due west, to form the southern boundary
of the abovesaid Province.

That afterwards, King Charles the Second, in the fourteenth year of his reign,
granted a charter to the colony of Connecticut, and in the fifteenth year of his
reign granted a charter to the colony of Rhode Island ; and in his said charters
bounded both the said colonics northward, on the south line of the said Province of
the iSIassachusetts Pay.

That the said colonics of Connecticut an<l Kliodc T>land, lying far distant from the
plaii' or point where the said Massachusetts south line onoliih to commence, were



1752.]



AND PROVIDENCE PLANTATIONS. 347



utterly ignorant about it ; nor doth it appear they ever concei-ned themselves about
the knowledge thereof, until the inhabitants on both sides began to settle pretty
near the place where it was supposed the line would pass ; and many disorders
and confusion arising among those borderers, made it necessary to find where the
dividing line between the Province and the said colonies ought to be ; which occa-
sioned both the colonies of Connecticut and Rhode Island to apply to the Province,
to have the said line ascertained and marked out ; and that when commissioners in
order thereto were first appointed by the colony of R. Island, in the year 1710-11,
and by the colony of Connecticut, in the year 1713, to meet with commissioners ap-
pointed by the said Province, with intent to find the true place where the said
Province south line ought to commence ; who being for that purpose met, the Prov-
ince commissioners informed them that the point or place for their south line to
commence at, had long before, in the year 1642, been found out and fixed by Na-
thaniel Woodward and Solomon Saflery, skillful artists, by the said Province ap-
pointed for that purpose : and also showed forth a plan or map, (as they then as-
serted) of the doings of the said Woodward and Saffery, on which was deciphered
the southernmost part of the said Charles River and a station, said to be by them
erected, standing three miles (and no more) south from the southernmost part of the
said Charles River, and confidently aflirming the said measure to be rightly made ;
and the said station to be truly affixed.

And all this matter being out of the knowledge of the commissioners for both col-
onies ; but they, by giving credit to, and believing the said Province commissioners
were thereby induced, the commissioners for Connecticut, on the 13th day of July,
1713, and the commissioners for Rhode Island, finally in October, 1718, to agree
that the stake or station set up and erected by Nathaniel Woodward and Solomon
Saffery, in the year 1642, should be the place for the said Province south line to
commence at, fully believing they had been told, and as by the said plat, it appear-
ed, that the said station was no more than three miles south from the southernmost
part of Charles River, agreeably to the Massachusetts charter.

That in consequence of the said agreements entered into as aforesaid, the said
colony of Connecticut, in the said year 1713, and the colony of Rhode Island in the
year 1719, appointed persons called riding commissioners, to meet with persons in
the same character, appointed by the said Province, to go and begin at the place
in the said agreements mentioned (three miles south of the southernmost part of said
Charles River) and marked out the said dividing line, according to the respective
charters ; who meeting with the said Province commissioners, and not being ac-
quainted in that part of the country, nor having knowledge of the places where
the said Woodward and Saffery's station was, the said Province riding commissioners
deceitfully carried them to a place on Wrentham Plain, affirmed, that there the
station erected by Woodward and Saffery, had formerly stood ; and the said colo-
nies' commissioners not knowing, but really believing it was the right place, and
within three miles of Charles River, (though in truth the place so shown them, was
seven miles and fifty-six poles more southward than the southernmost part of
Charles River) did there begin, and did run and mark out a line, as the true line south
of the said Province ; and in consequence of the Ime so run, though it was so er-
roneously done, the said Province have hitherto exercised and held the jurisdiction.
That the truth of those several facts is clearly made to appear ; the first, by the
Massachusetts charter ; the second by the Connecticut and Rhode Island charters;
the third, by the face of the agreements themselves, and by the copy of the pre-



o4(S RECOUDS OF THE COLO.NV OF EHOL>E ISLAND [1752.

tended plan of Woodward and Saffery ; the fourth, that the place Logan at by the
riding commissioners, is really seven miles and fifty-six poles to the southward of
I he most southern part of Charles River, by the plan or map drawn by Mr. Joseph
Harrison, and proved by Henry Harris, Esq., and Mr. Israel Wilkinson, who have
actually and accurately measured the said distance.

That the place they measured from, is really the most southern part of Charles
lliver, is proved by the original grants of the towns of Medfield, Wrentham.',Medway»
Bellin^ham and Holliston, all towns within the said Province ; and also by; a
•Teat number of grants of lands to private persons ; all which serve to show what is>
and always was called Charles River ; and also to show that the small stream (now
called Mill Brook), and pretended now by the Province to cover their aforemen-
tioned deceit, to be the southern part of Charles River, is only a small. brook,' and
was never at any time called Charles River, but was all along known by the name
of Jack's Pasture Brook, and Mill Brook ; and can no more properly be called a
part of Charles River, than the water in the clouds may fitly be so | called, if it
should chance to fall in such place as to be conveyed to the sea in|_the channeFof
said river.

That an agreement procured and perfected in the manner aforesaid, is so'far
from altering the true lines and limits of jurisdiction, and thereby_depriving^or
abridging the people of those privileges and advantages granted them by their sov-
ereign, that we are humbly of opinion, it is not in the power of any to whom the
right of jurisdiction IS granted by the King, to transfer the same to_^any_ other,
though it might be pretended to be done on the most reasonable and equitable mo-
tives, and on the most certain knowledge ; for if this were allowable, the several
provinces and colonies in America might all transfer their right of jurisdiction to
some one, and thereby erect one great and dangerous government, without the
knowledge of, and contrary to the express intention and interest of the crown, that
first granted such rights of jurisdiction, but never made them assignable.

That it appears to us clearly, that the Province of the Massachusetts Bay, have
all along, and still do hold the jurisdiction of a tract of land four miles and fifty-six



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 32 of 56)