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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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ient piece of land for building a pest house. (February.)

An Act in addition to an act, entitled "An act to prevent the spreading of the
small pox, and other contagious diseases, in this colony." (February.)

An Act to prevent the small pox [from being] brought into the colony by strangers
and travellers coming from infected districts. (May.)

An Act in addition to an act, regulating and establishing a just and equal method
of gauging, in and throughout the colony. (May.)

An Act regulating the proceedings in cases of bastardy. (June.)

An Act enabling the justices of the inferior courts of common pleas to hold special
courts on certain occasions. (June.)

An Act exempting sundry persons from making oath or affirmation, notwithstand-
ing the general laws of the colony, made about sueing out executions. (June.)

An additional Act for the establishing and regulating of fees. (August.)

An Act for stating and better regulating the several ferries in this colony.
(August.)

An Act for raising money by way of lottery, to reimburse what money was ad-
vanced by Obadiah Brown, David Whipple, John Dexter and Paul Tew, in
building a bridge over Pawtucket Piiver, and for completing said bridge.
(August.)

An Act to prevent detaining fines from the proper offices to which they belong.
(August.)

An Act for regulating appeals from judgments obtained upon notes of hand, in any
of the inferior courts in this colony. (October.)

An Act to empower the town councils of the respective towns in the colony to ex-
change highways. (October.)

An Act in addition to an act, entitled " An act directing the method of receiving
petitions into, and acting thereon, in the General Assembly." (October.)



)66 RECORDS OF THE COLONY OF RHODE ISLAND [1753.



Proceedings of the General Jissemhl//, held for the Colon?/ of Bhode
Island and Providence Plantations, at Providence, the last Tues-
day in February, 1752-53.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple. Deputy Governor.

With the assistants and deputies from the several towns.

Whereas, a number of gentlemen and others, inhabitants of
the county of Kent, have represented unto this Assembly, that
in consequence of an act made and passed at their session, in
June, A. D. 1750, whereby E. Greenwich, Warwick, W. Green-
wich and Coventry were made a distinct county, provided the
inhabitants of said towns would, by free contribution, erect and
build a court house in East Greenwich, near the bigness of the
court house in Providence, fit to hold a court in, by the last
day of October, then next ensuing ; they have, with others,
erected and built said house, agreeably to said act, which was
signified to the General Assembly, at their session in Provi-
dence, October, A. D. 1750 ; and that said house is unfinished
within, which renders it uncomfortable in the winter ; in the
coldest part of which season, one court is held at said court
house ; and that the inhabitants of said county, though they
have checrlully contributed towards the building said house,
find they are not able to complete it, although it is absolutely
necessar}^ to be done ; and therefore have prayed this Assem-
bly that a lottery may be granted them, as the easiest method
to raise money sufficient for finishing said court house ; and
now, this Assembly, taking the premises into considera-
tion, —

Do vote and resolve, and it is voted and resolved, that there
be a lottery set up. for finishing the court house, in the county



1753.] AND PROVIDENCE PLANTATIONS. 367

of Kent, aforesaid ; and for erecting a fence around the jail, in
said East Greenwich.

A.n Act for naturalizing Stephen Decatur, now residing at New-
port, in this colony, late a subject of the French king.
Whereas, the said Stephen Decatur, hath represented unto
this Assembly, that he has for some time resided in Newport,
aforesaid ; and sailed from the said place in the employ of
several merchants • and has also married a wife in said Newport,
and is willing to become a subject of His Brittanic Majesty ;
and therefore prayed this Assembly, that an act of naturaliza-
tion might be passed, rendering him a subject of His said
Majesty, as fully and amply to all intents and purposes, as if
he were born so ; on consideration whereof, —

Be it enacted by the General Assembly, and by the authori-
ty of the same it is enacted, that the said Stephen Decatur be,
and he is hereby naturalized, and for ever hereafter shall be
adjudged and taken to all intents and purposes to be natural-
ized ; and is rendered and made equal in all respects to a free
born subject of this colony ; provided, he take the state oath,
and all other oaths by law required.
God save the King.

Petiiiou of the Governor and Company of Rhode Island to the

liing.

To the King's Most Excellent Majesty :

The petition of your loyal subjects, the Governor and Company of the colony o{
Rhode Island and Providence I'lantations, in New England, in America.
Most humbly showeth ; —

That Your Majesty's royal predecessor, King Charles the First, in the fourth
year of his reign, granted a charter to the colony of the Massachusetts Bay, in New
England, and bounded the said colony on the south, by a certain place or point,
which was three English miles south of the southerly part of a certain fresh river
there, commonly known by the name of Charles River ; and by a line commencing
at the said place or point, and running due west, through the continent.

That King Charles the Second, in the fifteenth year of his reign, granted a char-
ter to the said colony of Rhode Island and Providence Plantations, and bounded
them northerly on the south line of the said colony of the Masssachusetts Bay.

That the country through which the dividing line between the said two colonies
would pass, not being then inliabited, no attempts appear to have been made by



368 RECORDS OP THE COLONY OF RHODE ISLAND [1753.

the colony of Rhode Island, to have the said line settled, until the year 1710, when
commissioners were appointed by both said colonies for that purpose ; who being
met, the Massachusetts commissioners informed those of Rhode Island, that the
place or point, for their south line to commence at, had been rightly found out and
ascertained lon^ before, by Nathaniel AVoodward and Solomon Saffery, skillful ar-
tists, by them appointed for that end, in the year 16'12 ; and showed a plat or map,
of their doings (as they pretended), in which Charles River was deciphered, and a
mark made for a stake standing three miles due south, from its most southern part •
and the Rhode Island commissioners being wholly unacquainted in that part of the
country, and giving credit to the Massachusetts commissioners, were induced, in
the month of October, in the year 1718, to agree that the stake set up by Na-
thaniel Woodward and Solomon SafTery, in the year 1642, upon Wrentham Plain^
be the station, or commencement to begin the line, which shall divide between the
two governments.

That in the year 1719, persons were appointed by both said colonies, called rid-
ino- commissioners, to run and mark out the said dividing line ; who, instead of be-
(rinninfT at a place three miles, and no more, from the southern part of Charles
River, agreeably to the Massachusetts charter and the true intent of the agreemmli
aforesaid, were shown a place where the Massachusetts commissioners affirmed the
stake set up by Nathaniel \Voodward and Solomon Saffery, had formerly stood ;
and the Rhode Island commissioners, not carefully examining into the truth, were
prevailed upon to begin at the place so shown to them ; and did from thence run
and mark out a line, which hath, from that time, been the dividing line between
the said colonics.

That on the geography of that part of the country being better known, the col-
ony of Rhode Island, suspecting there was an error in running the line aforesaid,
caused an accurate survey to be made of all the southern parts of the said Charles
River, and the distance to be exactly measured between the most southern part
thereof, and the line aforesaid; and find it on the meridian, seven miles and fifty-
four poles; by which it appears, that by the wrong running of said line, the colony
or Province of the Massachusetts Bay, do hold the jurisdiction of a tract of land
four miles and fifty-four poles in breadth, and about twenty-two miles long, which
doth of right belong to the colony of Rhode Island.

That, as the colony of Rhode Island were much imposed upon, and greatly de-
ceived, and injured by their neighbors, of the Massachusetts, in running and mark-
in"- out the line, afore.'^aid, in manner, as aforesaid ; they humbly hope they shall
not be holden to and concluded thereby.

And therefore most humbly praj', that Your Majesty would be graciously pleased
to order, that the south line of the colony or Province of the Massachusetts Bay,
may be rightly run, and marked out, according to the charter granted them, in
such manner as in your royal wisdom, you shall think fit.

And your petitioners, as in duty bound, will ever pray.

AVTLLIAM GREENE,
For the Governor and Company of Rhode Island.

Nesvport, Rhode Island, March 2, 1752-3.



1753.] AND PROVIDENCE PLANTATIONS. 369



Proceedings of the General Assemhl?/, held for the Colony of Bhode
Island and Providence Plantations, at Neioport, the \st day
of May, 1753.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

ASSISTANTS.

Mr. John Tillinghast, Mr. Robert Lawton,

Mr. Jonathan Nichols, Mr. William Richmond,

Mr. Jabez Bowen, Mr. Daniel Coggeshall,

Mr. Stephen Brownell, Mr. Jeoffrey Watson.

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



Proceedings of the General Assembly, held for the Colony of Pihode
Island and Providence Plaiitations, at Netvport, the first Wednes-
day of May, 1753.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

DEPUTIES.

Neivport. Providence.

Mr. Edward Scott, Mr. Jonathan Randall,

Mr. Thomas Cranston, Mr. Elisha Brown,

Mr. Peter Bours, Mr. Daniel Jenckes.

Capt. Job Bennett, Jr.
Capt. William Mumford,
Mr. Nicholas Easton.
VOL. V. 47



370



RECORDS OF THE COLONY OF RHODE ISLAND



[1753.



DEPUTIES.



Portsmouth.
Mr. William Anthony, Jr.,
Mr. John Allen,
Mr. Caleb Hill,
Mr. Gideon Freeborn, Jr.

WarivicJc.
Mr. John Peirce,
Capt. Randall Rice,
Major John Rhodes,
Mr. Benjamin Arnold.

Westerli/.
Mr. Joshua Babcock,
Mr. Joshua Clarke.

New Shoreham.
Mr. Edmund Sheffield,
I\lr. John Paine.

North Kingstoivn.
Mr. Henry Hall.

South Kingstovm.
Mr. Jeoffi-y Haszard,
Col. Thomas Hazard.

East Greemmch.
Mr. Joseph Nichols,
Mr. John Fry.

Jamestoum.
Mr. Joseph Clarke.
Smithjicld.
Mr. John Aldrich,
Mr. Thomas Owens.

ScilucUe.
Capt. Job Randall,
Capt. Thomas Relph.

Gtoccster.
Col. Richard Smith,
Capt. Joseph Windsor.



Charlesioivn.
Col. Christopher Charaplin,
Capt. Joseph Stanton.

West Greenwich.
Mr. Jeremiah Ellis,
Mr. Preserved Hill.

Coventry.
Mr. John Greene,
Capt. John Ulerton.

Exeter.
Capt. John Reynolds,
JNIr. Nicholas Gardner.

Middletown.
Capt. John Barker,
]\Ir. Handley Chipraan.

Bristol.
Mr. Joseph Russell,
Capt. Simon Davis.

Tiverton.
Mr. Samuel Durfey,
Mr. Edward Wanton.
Little Compton.
Mr. William Hall,
Mr. Richard Greenhill.

^Yarrcn.
Capt. John Adams,
Mr. Benjamin Miller.

Cumberland.
Mr. Job Bartlett,
Mr. Jeremiah Whipple.

Btchmond.
Capt. Joseph Enos, Jr.
Mr. Simeon Perrv.



1753.] AND PROVIDENCE PLANTATIONS. 371

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.

ASSISTANTS.

Mr. John Tillinghast, Mr. Robert Lawton,

Mr. Jonathan Nichols, Mr. Jeremiah Lippitt,

. Mr. Nicholas Cooke, Mr. William Richmond,

Mr. Jabez Bowen, Mr. Daniel Coggeshall,

Mr. Stephen Brownell, Mr. JeofFrey Watson.

SECRETARY. GENERAL TREASURER.

Mr. Thomas Ward. Mr. Thomas Richardson.

ATTORNEY GENERAL.

Mr. Daniel Updike.
God save the King.



Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the second Mon-
day of June, 1753.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

This Assembly do vote and resolve, and it is voted and re
solved, that the committee appointed to erect a new jail and
jail house in Providence, be, and they are hereby empowered



372 KECORDS OF THE COLONY OF RHODE ISLAND [1753.

to draw out of the general treasury the sum of £1,000, to be
appropriated towards carrying on said building.
God save the King.



Proceedings of the General Assemhli/, held for the Colony of Rhode
Island and Providence Plantations, at Neivpori, the third Holi-
day of August, 1753.

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 James Sheffield and Daniel
Jenckes, Esqs., with Mr. William Read, be, and they, or the
major part of them, are hereby constituted a committee for
erecting another light house, with stone or brick, at the place
where that lately burnt down, stood, as soon as they can con-
veniently ; and that the said committee make use of all the
bricks at Fort George, or such part of them as they shall think
proper.

Whereas, John JNIartin, of Jamestown, was brought before
this Assembly (when resolved into a grand committee), in con-
sequence of a warrant issued against him, at the last session of
this Assembly, for grossly and scandalously abusing them ;
and it being fully proved that he, the said John Martin, is
guilty of the crime laid to his charge, —

It is voted and resolved, that the said John Martin shall be
forthwith committed and closely confined to His Majesty's jail,
in Newport, without the use of pen, ink and paper ; and that
no person but the sheriff, shall, without leave of this Assem-
bly, have liberty to speak to, or confer with him, on any occa-
sion whatever ; :iiid there to remain till further orders from
this Assembly ; and the said John Martin was committed ac-
cordingly.



1753.] AND PROVIDENCE PLANTATIONS. 373

On the 23d day of August, John Martin, of Jamestown, was
brought before this Assembly, and made and signed the
following acknowledgment :

Acknoivledgment of John Martin.

" Newport, August 23, 1753.
I, John Martin, do hereby acknowledge, that I have grossly
and scandalously slandered and abused this Honorable Assem-
bly, for which I am heartily and sincerely sorry, and very
humbly entreat Your Honors' pardon ; and promise for the fu-
ture, never to be guilty of the like crime.

JOHN MARTIN."

On consideration whereof, this Assembly forgive the said
John Martin, and dismiss him, he paying costs.
God save the Kino-.



Proceedings of the General Assemblg held for the Colong of
Rhode Island and Providence Plantations, at South Kings-
town, the last Wednesdag in Octoher, 1753.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

This Assembly do vote and resolve, and it is voted and re-
solved, that the committee appointed to build a new jail in the
county of Providence, draw out of the general treasury the
sum of £1,000 more than hath been already granted towards
carrying on said work ; and that said committee sell and dis-
pose of the old jail house, and lot of land thereunto belonging,
to the best advantage, and give a good warrantee deed
thereof



374 RECORDS OP THE COLONY OF RHODE ISLAND [1753.

It is voted and resolved, that Jabez Bowen, Daniel Jenckes
and George Brown, Esqs., together with Mr. Job Bennett, Jr.,
be, and they are hereby constituted a committee, to view the
new court house and jail, in Kings county, and consider whe-
ther those persons who became bound to build said court house
and jail, have performed the condition of their bond ; and that
thej^ make report on the premises, to this Assembly, as soon as
conveniently they can.

The gentlemen that were appointed a committee, to audit
the accounts of Benjamin Nichols, Esq., presented this Assem-
bly with the following account and report :

Report of the Auditing Committee.

Benjamin Nichols, Esq., treasurer of the grand committee, to tlie colony, Dr.

£ s. d.
1753. To the balance of the last account, as j^er report of the com-
mittee, dated April 22d, 1752 397,622 10 -4

Benjamin Nichols, Esq., treasurer of the grand committee, to the colony, Cr.

£ s. d.
1753. By cash paid to John Tillinghast, Thomas Cranston, James
Sheffield and Peter Bours, Esqs., a committee, appointed
by the General Assembly, to receive and burn the same, 20,088 03 9

" By cash paid to William Collins, of Connecticut, by order of

Assembly 14 00

" By cash paid Jeremiah Rose, by order of Assembly 421G0

" " " " John Whipple, of Glocester, by order of Assem-
bly 82 00

" By £3, new tenor, short in ten bonds, given to discharge a
mortgage deed of Robert Wilcox, of North Kingstown,
dated June 18th, 1741, is in old tenor 120 00

" By ten shillings, new tenor, short in ten bonds given to dis-
charge a mortgage deed of Jeremiah Gardner, of North
Kingstown, dated June 5th, 1741, is in old tenor 20 00

" By eleven shillings and three farthings short in ten bonds
given to dischai-ge a mortgage deed of Stephen Tift, of
South Kingstown, dated June 1st, 1741, is old tenor ... 22 02 8

" By twelve hliillings and four pence, new tenor short, in the re-
turn of South Kingstown's bond, for their proportion of
the seventh bank, in old tenor 2 09 4

" By £37 13*'., short in ten bonds, given to discharge a mort-
gage deed of Thomas Gould, of Charlestown, dated Sep-
tember 4, 1742; said bonds being given for £12 lis.,
when tlu y .should have beeu for £12 lis., new tenor.. . . 376 10



1753.] AND PKOVIDENCE PLANTATIONS. 375

£ s. d.
1753. By eight sLillings, new tenor, short in ten bonds, given to
discharge a mortgage deed of James Gongdon, Jr., of

Charlestown, dated June 8th, 1741, is in old tenor 16 00

" By nine shillings, new tenor, short in ten bonds, given to dis-
charge a mortgage deed of John Titt, of Charlestown,

dated June 8th, 1741, is in old tenor 18 00

" By balance iu the hands of Benjamin Nichols, Esq 376,820 08 7

£397,622 10 4

" We, the subscribers, being, by the General Assembly, appointed a committee,
to audit the accounts of Benjamin Nichols, Esq., treasurer of the grand com-
mittee, and to receive and burn the tenth money in his hands, report :

That we have examined the accounts of the aforesaid Benjamin Nichols, Esq., a
statement of which, we herewith present, and whereby it appears, that there is a
balance in the hands of the said Benjamin Nichols, Esq., of the sum of £376,820 8s.
Id., in favor of the colony, exclusive of the last bank, which is not charged in this
account, as the said Nichols informs us that there are a considerable number of
mortgages and bonds belonging to it, which have not been delivered into his
office.

We also report, that we have burnt the money paid us by said Nichols, except
£792 Is. 1(Z., m the hands of John Tillinghast ; £508 18s. 4c/., in the hands of
Thomas Cranston ; £267 18s. ScZ., in the hands of James ShefEeld; and £80 4s. 8^.,
in the hands of Peter Bours, all calculated in old tenor ; which being bills of the
last emission, are deposited with them, to exchange for old bills of credit, to burn,
and for which they have lodged their receipts, with the said Benjamin Nichols,
Esq. JOHN TILLINGHAST, PETER BOUHS,

THOMAS CKANSTON, JAMES SHEFFIELD.

Newport, October 29th, 1753."

And this Assembly, having taken the said report into con-
sideration, and duly examined it, —

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

Whereas, Moses Lopez, of Nev^port, in the county of New-
port, merchant, represented unto this Assembly, that the man-
ufacturing of potash, in this colony, will be of great advantage
to the government, provided, it can be done in a right man-
ner ; that it will prove a good remittance to Great Britain in re-
turn for such goods as as we have occasion of, from thence,
and will be the means of lowering the price of silver, gold and
European goods ; and by sending to our mother country a
commodity which is very much wanted there, will be serving
them in a high degree, and thereby procure their favor, with



370 RECORDS OF THE COLONY OF RHODE ISLAND [1753.

many other advantages ; that he, the said Moses, by the as-
sistance of a particular friend, that is not in this country, hath
made himself master of the true art and mystery of making
potash, which is known to very few in the kingdom ; that he
can carry it on to the great advantage of the colony, and at
the same time make a reasonable profit to himself; and upon
the whole, prayed this Assembly to grant him a patent for the
manufacturing of potash in this colony for the term of ten
years, and prohibit all other persons whatsover from setting up
and carrying on that trade and business in this colony, except-
ing such as shall work under him, and by his direction ; and
also to prohibit the carrying any ashes out of this colony into
the neighboring governments, on any pretence, whatsoever, upon
such penalties as this Assembly shall think proper ; one half
to the informer, and the other half to the treasury of the town
whore the offence shall be committed.

And as the said Moses Lopez will have occasion of all the "
ashes made in the colony more than the inhabitants will be
obliged to keep for their own use, he shall be willing to pay
them a reasonable price therefor ; and this Assembly having
taken the premises into consideration, —

Do vote, resolve and enact, and it is voted, resolved and enact-
ed that the prayer of the said Moses be, and the same is here-
by granted ; provided, he shall carry on the business, aforesaid ;
and that £5 be the penalty for every bushel of ashes that shall
].)e transported into the neighboring governments, or any other
part of the world.

Whereas, John Cogswell and Owen Sullivant, alias John
Pierson, are suspected of being concerned in counterfeiting the
Ijilis of pul)lic credit, of the last emission, made by this colony,
and each of them hath made his escape out of the government,
by breaking jail, —

This Assembly therefore do vote and resolve, and it is here-
by voted and resolved, that the sum of £400 be allowed and
paid out of the general treasury, to any person or persons that
shall apprehend and convey to His Majesty's jail in Newport,
the said John Cocrswell, and the same sum shall be allowed and



1754.] AND PROVIDENCE PLANTATIONS. 377

paid out of the general treasury, for apprehending the said
Owen SuUivant, alias John Pierson, and commit them to His
Majesty's jail, in Newport.

Both houses resolved into a grand committee, on the 2d day
of November, when the Hon, Joseph Whipple, Esq., resigned
the office of Deputy Governor ; and thereupon, the Hon. Jona-
than Nichols, Esq., was chosen Deputy Governor, in his room,
for the remaining part of the year, and engaged accordingly.

Nicholas Easton, Esq , was chosen and engaged second as-
sistant, in the room of the Hon. Jonathan Nichols, Esq., ad-
vanced as above.

This Assembly do vote and resolve, and it is voted and re-
solved, that Mr. Daniel Smith, be, and he is hereby fully em-
powered, to grant forth warrants for collecting the rates order-
ed to be levied in the county of Providence, for erecting a work
house in said county.

Whereas, Jabez Bowen, Esq. and Mr. Elisha Brown exhibit-
ed to this Assembly, an account by them charged against the
government, for their time and sundry expenses, and dis-
bursements, in repairing Pawtucket Bridge ; which being duly
examined, —

This Assembly do vote and resolve, and it is voted and re-
solved, that the said account be, and it is hereby allowed ; and
that £653 Qs. 2d., the balance thereof, be paid the said Jabez
Bowen and Elisha Brown, out of the general treasury.

Whereas, Francis Willett, Esq., one of the committee ap-
pointed to run the line between South Kingstown and Exeter,
declines serving in that office, —

It is therefore voted and resolved, that Thomas Phillips, of
North Kingstown, Esq., be, and he is hereby appointed in the



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