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

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poles in breadth, and the whole length of the colonies of Connecticut and Rhode
Island, which they have no right to the jurisdiction of, and are humbly of opinion
that it is advisable for the said colonies of Connecticut and Rhode Island to make
their application to the King, their sovereign, praying that he would be graciously
pleased to order the south line of the said Province of the Masssachusetts Bay to be
marked out according to their charter ; that the said colonies also may hold out
and enjoy the privileges granted them by their respective charters.

And lastly, we humbly report, as our opinion, that the state of the cases of the
colonies of Connecticut and Rhode Island, with the said Province, appears to be so
far similar, that they may safely and fitly join together, and correspond in the
])rosecution thereof, so far as to procure an order from the crown to have the said
Province south line rightly settled ; and that the necessary expenses arising thcre-
uu, V)c paid equally between the said colonics.

Agreed to, by ROGER WOLCOTT, JR., STEPHEN HOPKINS,
PHINEAS LYMAN, THOMAS ARNOLD.

Hartford, April 1, 1752."

And lliis Assembly liaviuo; Uikeii llic said report into coii-
sideruliun, —



1752.] AND PROVIDENCE PLANTATIONS. 349

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

And it is further voted and resolved, that the gentlemen ap-
pointed a committee by the colony, respecting the northern
boundary line, be, and they are hereby continued for that 'pur-
pose.

It is voted and resolved, that Mr. Restcom Sanford, be, and
he is hereby appointed to perambulate that part of the colony
line which runs between Little Compton and Dartmouth, at the
charge of Little Compton.

Whereas, a great number of gentlemen and others, inhabit-
ants of the county of Kings county, preferred a petition to the
General Assembly, held at South Kingstown, in February
last, and among other things set forth, that the court house
and jail on Tower Hill, in said South Kingstown, being in a
remote corner of the county, expose the inhabitants to great
inconveniences ; and both are so far gone to decay, that it will
take a great deal of money to put them in tolerable repair .
that they can never be made good, being miserably built at
first ; that it will be a continual charge to keep them fit for
use, so that the most prudent way will be, to have them pulled
down, and others erected in their steads, at a place called
Little Rest Hill, in South Kingstown, being near the center of
the county, Avhere Col. Elisha Reynolds and others, offering to
give lands, and build a court house and jail at their own cost
and charge.

On the other hand, a remonstrance was filed by several gen-
tlemen and others, in answer to the said petition, offered to re-
pair the court house and jail, on Tower Hill, at their own
charge.

Both which papers were taken into consideration, at that
time, and the Assembly ordered the several towns of that
county to be served with copies, wdiich was done accordingly ;
and report being now made by the clerks of the several
towns, —

This Assembly do vote and resolve, and it is voted and re-
solved, that the said petition herein first named, be, and the



350 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

siimo is hereby granted ; provided Col. Elisha Eeynolds, Mr.
William Potter and INIajor Latham Clarke, give bond to the
general treasurer, in the sum of £20,000 for the performance
of all the conditions mentioned in their petition ; and for the
court house being so far finished, as to be fit to hold court in
bv the first Tuesday of August next; and the jail and jail
house, not less than the jail and house in the county of Kent ;
these last to be built and fit to receive prisoners before any
part of the old jail house and jail be pulled down or removed ;
and that said court house, and jail house, and jail, be completely
finished within one year from the rising of this Assembly.
God save the King.

The Lords Commissioners, &c., to the Governor and Companij of
Rhode Island.

Whitehall, March 13, 1752.
Gentlemen : — In obedience to His Majesty's command, sijjnitied to us by his or-
der in council, of the 11th instant, containing regulations with respect to His Maj-
esty's colonies and plantations in America, and the conduct of governors and other
ollieers there, we herewith transmit you a copy of said order, that you may govern
yourselves accordingly.

So we bid you heartily fcvrewell, and are

Your loving friends and humble servants,
DUNK HALIFAX, ■ J. PITT,

FRAN: FANE, J. GRENVILLE,

JAMES OSWALD, DUPPLIN,

CHARLES TOWNSHEND, ANDREW STONE.

To the Governor and Company of Rhode Island.

&ecrctar>/ Iloklcrncsse to Gol^ernor Greene.

Whitehall, March 30th, 1752.
Sir: — I have His Majesty's command, to transmit to you, the copy of an order in
council, calculated for the future regulation and government of His Majesty's
American colonies; and likewise send you enclosed, the copy of a letter which the
King has directed me to write to the lords commissioners of trade and plantations,
explaining the method in which it is his royal pleasure their lordships should put
in execution the said order of council; and you will accordingly receive an addi-
tional instruction, from the said lords commissioners for trade and plantations, di-
recting you for the future to address your letters to their lordships only, except in
such cases, as may recpiire His Majesty's more immediate directions; and it is the
King's pleasure that \ou should, for the future, conform yourself to the said order
of council.



1752.]



AND PROVIDENCE PLANTATIONS. 351



But where, as it may happen, that circumstances of a very high and important
nature may arise, which may require the utmost secrecy, it is the King's pleasure
that if any such occur, within the district of your government, you should forthwith,
with the utmost diligence and exactitude, transmit an account thereof to one of His
Majesty's princijial secretaries of state only ; and you are, in such case, to follow all
orders and directions, which His Majesty shall think proper, to direct one of nis
principal secretaries of state to transmit to you in consequence thereof.

I am, sir, your most obedient servant,

HOLDEliNESSE.

To the Governor of Hhode Island.

Order of the King in Council.

At the Court, at St. James,
the 11th day of March, 1752.
Present,
The King's Most Excellent Majesty,
Lord President, Earl of Harcourt,

Lord Privy Seal, Lord Berkely, of Stratton,

Lord Chamberlain, Lord Cornwallis,

Duke of Atholl, Mr. Vice Chamberlain,

Duke of Newcastle, Mr. Chas:, of the Exchequer,

Earl of Holdernesse, Lord Chief Justice VVilles,

Earl of Jersey, Sir John Bushout,

Earl of Cholmondely, Sir John Ligonier,

Earl of Buckinghamshire, Sir George Lcc.

His Majesty, having taken into his consideration the flourishing state and condi-
tion of the manufactures, ti-ade and commerce of these kingdoms ; and also the state
and condition of his colonies and iilantations in America, and elsewhere, with respect
as well to their trade and commerce, as to their civil policy and government ; and
whereas, it doth appear to His Majesty, that the said colonies and plantations have
of late years, been greatly improved, the wealth of his subjects much increased, and
the navigation of these kingdoms extended by the mutual intercourse between
them and the said colonies, and by the trade and commerce arising therefrom ; and
His Majesty being sensible of how great importance it is to His crown and govern-
ment, and how much it will contribute to the satisfaction, convenience and ad-
vantage of his subjects, that all due care be taken, and proper and necessary regu-
lations made, for the further improvement and extension of the manufactures and
commerce of these kingdoms, and for the encouragement, protection and security
of the said colonies and plantations, —

His Majesty therefore, is graciously pleased, with the advice of His privy council,
to order, and it is hereby ordered, that the lords commissioners ibr trade and plan-
tations, do, with all diligence, care and concern, apply themselves to a faithful and
vigorous execution and discharge of all the trusts and powers vested in them by
their commission, under the great seal.

And whereas, nothing can more effectually tend to the peace, welfare and good
government of the colonies and plantations, than the appointment of able, discreet



352 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

and prudent persons to be governors, lieutenant governors, and other ofliccrs and
magistrates ; —

It is therefore hereby further ordered, that the said lords commissioners for trade
and plantations, do, from time to time, as vacancies shall happen by deaths or re-
movals, present unto His Slajesty in council, for bis approbation, the names of such
persons as the said commissioners, from the best of their judgment and information,
shall think duly qualified to be governors or deputy governors, or to be of His
INIajesty's council, or of his counsel at law, or secretaries in the respective planta-
tions ; and likewise, to present to His Majesty, for his approbation, the names of
all other officers which have been, or may be found necessary for the administra-
tion of justice, and the execution of government there ; excepting only such as are,
or may be appointed for the direction and regulation of His Majesty's customs and
revenues ; and such as are, or may be under the directions and authority of the
lords commissioners of the admiralty.

And when any persons shall have been approved of by His Majesty in council,
for any of the above mentioned offices, the said lords commissioners shall (unless His
jMajesty shall otherwise direct) prepare and make out proper draughts of such com-
missions, warrants or instructions, as may be thought necessary to be given to such
officers, in order to be laid before His Majesty, in council, for his royal approba-
tion ; and when any persons shall be presented to His Majestj', for any of the other
offices of an inferior nature, not judged necessary to be laid before His Majesty in
council, and yet shall have otherwise received His Majesty's approbation, the said
lords commissioners shall, in those cases (unless His Majesty should otherwise di-
rect), prepare and make out proper draughts of commissions, or warrants necessa-
ry to be given to such officers, in order to be laid before His Majesty, for his royal
approbation accordingly.

And it is hereby further ordered, that the said lords commissioners for trade and
plantations, do execute and perform all other things necessary or proper for an-
swering the intentions of their said commission.

And whereas, the governors of all His Majesty's colonics and plantations, in
America, more immediately under His Majesty's government, are, in particular
cases, as well as in general, directed by His Majesty's instructions to transmit unto
His Majesty, by one of His principal secretaries of state, and to the commissioners
for trade and ],)lantations, accounts from time to time of all their proceedings, and
of the condition of affairs within their respective governments.

And whcreiis, it will tend to the benefit of the said colonies, the ease and conven-
ience of His Majesty's subjects, and the greater regularity and despatch of business,
if tin; correspondence be confined and pass through but one channel, —

It is therefore further ordered, that the said lords commissioners do prepare the
di-aught of an additional instruction to be sent to the governors of all His INIajesty's said
colonics and plantations respectively ; signifying His Majesty's pleasure, that in all
cases wherein, by His Majesty's instructions, they are directed to transmit any par-
ticular or general accounts of their proceedings, or of matters relative to their gov-
ernments, they do, for the future, transmit the same to the lords commissioners for
trade and plantations onlij, in order that they may be laid before His Majesty.

Provided, ncvcrthertheless, that whenever any occurrences shall happen within
their respective governments of such a nature and importance as may require His
Majesty's morn immediate directions, by one of His Majesty's principal secretaries
of state : ar.d who upon occasions, and in all affairs, whereon they may receive His



1752.]



AND PROVIDENCE PLANTATIONS. 353



Majesty's orders, by one of his principal scretaries of state, the said governors shall,
in all such cases, transmit to the secretary of state only, an account of all such oc-
currences, and of their proceedings relative to such orders.

And it is hereby further ordered, that a copy of this order, be transmitted to the
said lords commissioners for trade and plantations, to be entered upon the books of
the plantation ofBce ; and that the said commissioners do likewise transmit copies
thereof, to the governors of His Majesty's colonies and plantations, respectively, to
the end that all persons concerned, may govern themselves accordingly.

WM. SIIARPE.



l^ecretary Holdcrnesse to the Board of Trade.

Whitehall, 30th March, 1752.

My Lords: — An humble representation having been laid before the King, setting
forth the present flourishing state of His Majesty's colonies in America, as well
with regard to the number of inhabitants, as to the increase of trade in those parts
of His Majesty's dominions ; and that it is highly necessary that the greatest care
and attention should be had to the good government of, and regular administration
of justice in the said American colonies. His Majesty was graciously pleased to re-
fer the said representation to a committtee of the King's Most Honorable Privy
Council, directing them to consider of the properest means for obtaining this desira-
ble end ; and the same committee having made thereon their humble report to the
King, His Majesty was pleased to direct an order of council, a copy of which is
herewith enclosed, and to which Your Lordships will please to conform yourselves
hereafter.

And whereas, Your Lordships are hereby directed to prepare a draught of an
additional instruction to be sent to the governors of all His Majesty's said colonies
and plantations, directing them to correspond for the future with Your Loi'dships
only ; excepting in such cases, as may require His Majesty's more immediate direc-
tions ; I have His Majesty's command to signify to Your Lordships, that it is the
King's pleasure you should transmit to one of His Majesty's principal secretaries of
state, in order to their being laid before the King, all such letters as shall for the
future be addressed to you, from any governor, or other person or persons acting
as such, in any of His Majesty's colonies or plantations, in America, which may in
any wise relate to his or their conduct towards the governors or other chief officers,
of any foreign prince, power or potentate, whatsoever ; as also such letters as may
relate to the transactions of any foreign governor or other officer, towards them, or
any of His Majesty's subjects under their direction and regulation.

And also, that Your Lordships should, in like manner, transmit unto one of His
Majesty's principal secretaries of state, a draught of such answers, as you shall pre-
pare to be given to any such letter or letters, as shall fall within the abovemention-
tioned description, in order to its being laid before His Majesty, for his royal ap-
probation ; and Your Lordships are hereby directed not to transmit to any of His
Majesty's governors, or other person or persons acting as such, any orders or di-
rections, relating to his or their conduct, so far as it may affect or be any wise con-
strued to affect, any foreign prince, power or potentate, whatsoever, until the same
shall have received the King's approbation, signified to Your Lordships by one or
His Majesty's principal secretaries of state.

VOL. V. 45



354 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

As to all other matters of correspondence, vrhich shall from henceforward pass
between Your Lordships and the respective governors in America, you will please
to proceed in the usual manner.

And whereas, Your Lordships are further directed by the said order of council,
from time to time, as vacancies shall happen by deaths or removals, to present unto
His Majesty, for his approbation, the name or names of such person or persons as
Y''our Lordships, from the best of your judgment and information, shall think duly
qualified, to be governors or deputy governors, or to be of His Majesty's council, or
of his counsel at law, or secretaries in the respective plantations ; and likewise to
present to His Majesty, for his approbation, the names of all other officers, which have
been, or may be found necessary for the administration of justice, and the execu-
tion of government there, excepting only such as are, or may be appointed for the
direction and regulation of His Majesty's customs and revenues, and such as are,
or may be under the directions and authority of the lords commissioners of the ad-
miralty.

I have the King's directions, to inform Your Lordships of his royal Intention, as
to the manner of your proceeding herein, viz. : that in all such cases, where the
names of proper persons for any of the offices above mentioned, have usually been
laid before His Majesty in council, Your Lordships are to follow the same method
for the future.

And in all other cases provided for by this order of council, Your Lordships are
to transmit to one of His Majesty's principal secretaries of state, to be by him laid
before the King, for His Majesty's approbation, the names of such persons as you
shall judge the most capable of executing any such office or trust, as specified in
the above mentioned order of council. I am, my Lords,

Your Lordships' most humble servant,

HOLDERNESSE.

To the Lords Commissioners of Trade and Plantations.

Coj)>/ of an IndrucUon from His late Majesty^ to all his Governors

in America.

Whereas, the governors of such of our colonies and plantations, in America, as
are more immediately under our government, are, in particular cases, as well as in
general, directed and retjuired by our instructions to transmit unto us by one
of our principal secretaries of state, and to our commissioners for trade and planta-
tions, accounts from time to time, of all their proceedings, and of the condition of
affairs within their respective governments.

And whereas, it doth appear to us, that it will tend to the benefit of our said
colonics and i)lantations, the ease and convenience of our subjects, and the greater
regularity and despatch of business, if the correspondence be confined to, and pass
through but one channel ; —

It is therefore our express will and pleasure, that in all cases wherein, by our in-
structions, you are directed to transmit any particular or general accounts of your
proceedings, or of matters relative to the affairs of our province under your gov-
ernment, you do for the future, transmit the same to our commissioners for tiade
and plantations only, in order that they may be laid before us.

Provided, nevertheless, and it is our express will and pleasure, that whenever



1752.]



AND PROVIDENCE PLANTATIONS. 355



any occurrences shall happen within our said province under your government, of
such a nature and importance as may require our more immediate direction, by one
of our principal secretaries of state ; and also upon all occasions and iu all affairs
whereon you may receive our orders by one of our principal secretaries of state,
you shall, iu all such cases, transmit it to our said secretary of state, only, an ac-
count of all such occurrences, and of your proceedings relative to such orders.



The Lords Commissioners of Trade and Plantations to tlm Gov-
ernor and Company of Rhode Island.

Whitehall, April 28, 1752.
Gentlemen: — We herewith enclose to you, an instruction from their Excellen-
cies, the Lords Justices, directing and requiring you to cause a true and authentic
copy to be made of all the laws now in force within the colony of Rhode Island,
and totransmit the said copy to us, in order to be laid before His Majesty, in his
privy council, to which you will not fail of paying a due obedience.
So we bid you heartily farewell, and are

Your very loving friends and humble servants,
DUNK HALIFAX, DUPPLIN,

J. PITT, CHARLES TOWNSHEND.

To the Governor and Company of Rhode Island.

Bij the Lords Justices Granville P. Gower, G. P. S, Marlborough,

Holdernesse.

Whitehall, April 16, 1752.
Instructions to the Governor and Company of the colony of Rhode Island and
Providence Plantations, in America, for the time being. Given at Whitehall,
this 16th day of April, 1752, in the twenty-fifth year of His Majesty's reign.

Whereas, by the charter granted by His late Majesty, King Charles the Second,
to the Governor and Company of Rhode Island and Providence Plantations,
in New England, in America, bearing date at Westmmster, the 8th day of July, in
the fifteenth year of the said King's reign, the said Governor and Company, are em-
powered to make, ordain, constitute or repeal such laws, statutes and ordinances as to
them shall seem meet for the good and welfare of the said company ; provided, such
laws, statutes and ordinances be not contrary and repugnant, but as near as may
be, agreeably to the laws of this realm of England.

And whereas, appeals are frequently brought before His Majesty, in His privy
council, from the judgment and decrees made in the several courts of judicature,
within the said colony, the determination whereof depends upon being duly in-
formed of the laws subsisting within the same ; —

It IS therefore His Majesty's will and pleasure, and you are hereby directed and
required to cause a true and authentic copy to be made of all the laws, statutes and
ordinances now in force v.-ithin the said colony of Rhode Island and Providence
Plantations, and to transmit the same, duly authenticated, under the public seal ot



356 RECORDS OF THE COLONY OF RHODE ISLAND [1752

the said colony, to the commissioners for trade and plantations, as soon as conven-
iently may be, in order to be laid before His Majesty, in his privy council.

G. P. G., C. P. S. M., H.



Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Netvport, the \st day in
June, 1752.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

It is voted and resolved, that the superior court of judicature
of this colony, be, and they are hereby directed to permit John
Pearce and Thomas Pearce to appeal to His Majesty, in coun-
cil, from a judgment obtained against them, by John Rice,
agreeably to the orders of His said Majesty, in council, now
before this Assembly ; any law to the contrary hereof, notwith-
standing.

And it is further voted and resolved, that the superior court
meet in the county of Kent, on Tuesday, the 16th day of this
instant June, for the purpose aforesaid ; and that the said John
Rice be notified thereof, and served with a copy of this act, to-
gether with a copy of said order of His Majesty, in council.

Whereas, the laws of this colony exempt sundry officers and
other persons of divers professions, from serving on the jury,
which hath been found by experience, to include too great a
numl)cr of the inhabitants, and protect the most sensible and
substantial hoemen of the government fi'om so necessary a
duty ; by reason whereof, it often happens, that causes of the
greatest importance are decided by men of slender abilities,
and little credit, to the great detriment of public justice • for
remedy Avhereof, —

Be it enacted by this Assembly, and by the authority there-
oi" it is enacted, that no freeholder of this colony, whatsoever,



1752.] AND PROVIDENCE PLANTATIONS. i357

shall be exempted or protected from serving as a juror at any
time hereafter, excepting such person or persons as do, or
have sustained the several posts or offices hereafter enu-
merated, viz. :

The office of governor, deputy governor, assistant, secretary,
attorney general, general treasurer, of a judge of the superior
court of judicature, and of the inferior court of common pleas,
who shall be forever exempted ; and also, whilst in office, the
keeper of the grand committee's office, the clerks and sheriffs of
each county, with their general and acting deputies, and the



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 33 of 56)