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 48 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 48 of 56)
Font size
QR-code for this ebook


session.

God save the King.

Lord Loudoun to Governor HopMns.

Albany, 20th August, 175G.

Sir: — As, by accounts T received last night. His Majesty's fort and garrison at
Oswego, together with the naval armament and stores, have, by a series of bad cir-
cumstances, fallen into the hands of the French ; and as, from the condition and
number of the troops left to me, when I came to my command, I can scarce hope
to do more than to resist the French power in that quarter, I must earnestly recom-
mend to you to consider without delay, how far the provincials now in arms, are
exposed to the weight of the French, in the parts towards Crown Point, and the
dangerous events of any accident happening to them in consequence of these cir-
circumstances, and what forces you can immediately send to reinforce them, as it
seems absolutely necessary to do, for the security and safety of the country.

Therefore, in consequence of the powers given to me. by His Majesty's commis-
sion under the great seal, and of his orders signified to you, by liis secretary of
state, I do demand of you an aid of as considerable a body of men, with arms, as
you can send, to be raised in companies, and sent off as fast as raised ; and also a
number of carriages, or ox teams, wherewith I may be able to transport provisions,
as this province alone is not able to supply all.

I am with great truth and regard, sir.

Your most humble servant,

LOUDOUN.
Tu tlic Hon. ytephen Hopkins, Esq.



1756.] AND PROVIDENCE PLANTATIONS. 511



Proceedings of the General AssemUy, held for the Colony of Rhode
Island and Providence Plantations, at Neivport, the Wi of
September, 1756.

The Hon. Stephen Hopkins, Governor.

The Hon. Jonathan Nichols, Deputy Governor.

Whereas, the following account was exhibited unto this As-
sembly, by James Sheffield, Esq., one of the committee ap-
pointed to build the fort on Goat Island, in the township of
Newport, —

Colony of Rhode Island, Dr.

1755. £ s. d

To sundry disbursements for Fort George, as per

account showed the audit 156 4 9

To ditto on the outworks, as per account showed

ditto ■ 2,847 4 8^







£3,003 9 5J



Per Contra, Cr.

By cash received of the general treasurer at sundry

"times 2,113 2 5

By 500 bricks, sold to Nicholas Easton, Esq 4

" balance due to J. S 886 7 0|

E. B., per JAMES SHEFFIELD. £3,003 9 5^

And the said account being duly examined, —
This Assembly do vote and resolve, and it is voted and re-
solved, that the same be, and it is hereby allowed ; and that
the above balance of £886 7^. \d., be paid the said James
Sheffield, out of the general treasury.



512 RECORDS OF THE COLONY OF RHODE ISLAND [1756.

Whereas, there hath been laid before this Assembly, the
draught of a receipt, to be given by His Honor, the Governor,
•when he shall receive the money granted this colony by the
Parliament of Great Britain, which being duly examined and
considered, —

This Assembly do vote and resolve, and it is voted and re-
solved, that the said draught be, and the same is hereby ap-
proved ; and that the secretary affix the seal of the colony to
fair copies of it, to be signed by His Honor, the Governor.

This Assembly do vote and resolve, and it is voted and re-
solved, that the mathematical instrument now in the colony
house, and which was procured by Capt. Joseph Harrison, for
the use of the colony, be lodged in the Redwood Library ; but
so, nevertheless, that the property thereof, shall stand and re-
main vested in the colony.

This Assembly do vote and resolve, and it is voted and re-
solved, that His Honor, the Governor, be, and he is hereby re-
quested to accept the bills of exchange drawn on him by Rich-
ard Partridge, Esq., the colony's agent, in fevor of Gideon
Wanton, Esq.

Be it enacted by this General Assembl}^, and by the au-
thority thereof it is enacted, that the directors of the lottery
set up to raise a sum of money, for carrying on the building of
Fort George, shall be, and hereby are indemnified from all
damages that may accrue to them by fire, from the enemy, by
receiving counterfeit bills, or any other extraordinary casualty ;
the same being made to appear by the oath of the person that
shall sustain damage.

This Assembly do vote and resolve, and it is voted and re-
solved, that Nicholas Easton, Thomas Haszard and John Dex-
ter, Esqs., Mr. Nicholas Brown and Caleb Greene, Esqs., be, and
they are hereby appointed a committee, to prepare a bill for
regulating rates and taxes, and make report unto this Assem-
Ijly, as soon as conveniently may be.

This Assembly do vote and resolve, and it is voted and re-
solved, that James Honeyman and Jeremiah Lippitt, Esqs., Mr.
Saiiiiicl Ward and Maj. Thomas Greene, be, and they are here-



1756.] AND PROVIDENCE PLANTATIONS. 513

by appointed a committee to prepare a bill directing in what
manner the subjects of the French king, that now are, or here-
after may be prisoners in this colony, shall be treated ; and
also prohibiting the carrying on any trade with the subjects of
the French King.

Whereas, Jeremiah Lippitt, Benjamin Nichols and Joshua
Babcock, Esqs., exhibited unto this Assembly an account by
them charged against the colony, for signing £8,000 lawful
money, ordered to be made by the General Assembly, at their
session, held in South Kingstown, on the last INIonday of Feb-
ruary last, which being duly examined, —

This Assembly do vote and resolve, and it is voted and re-
solved, that said account be, and the same is hereby allowed ;
and that £40, lawful money, the amount thereof, be paid the
said Jeremiah Lippitt, Benjamin Nichols and Joshua Babcock,
out of the general treasury.

This Assembly do vote and resolve, and it is voted and re-
solved, that Peter Bours, Esq., George Brown, Esq., and Mr
Samuel Ward, be, and they are hereby appointed a committee
to draw up an address to His Excellency the Earl of Loudoun,
and present the same unto this Assembly.

This Assembly do vote and resolve, and it is voted and re-
solved, that the sheriff of the county of Providence, be, and he
is hereby, directed to pay the rate that was assessed on the es-
tate of Samuel Bartlett, late of Cumberland, deceased (which
estate, the said Samuel, in his life, forfeited to the colony), out
of the money that accrued to the colony from the sale of said
estate.

This Assembly do vote and resolve, and it is voted and re-
solved, that Edward Scott, Peter Bours and Thomas Ward,
Esqs., be, and they are hereby appointed a committee to revise
all the public laws of this colony, which have been made and
passed since the time that they were last printed ; and that
they, the committee, procure five hundred copies to be printed ;
and get the same stitched in covers of marble paper, at the
colony's charge.

This Assembly do vote and resolve, and it is voted and re-

voL. V. 65



514 RECORDS OF THE COLONY OF RHODE ISLAND [1756.

solved, that the captain of the fort, be, and he is hereby di-
rected to fire minute guns at the funeral of His Honor, the
Deputy Governor ; and that the four-pound guns be used on
that occasion, but not oftener than twenty times.

Whereas, by the death of the late Hon. Jonathan Nichols,
Esq., the second seat in the government is become vacant,
and other vacancies have happened since the last session of
this Assembly ; whereupon, both houses resolved into a grand
committee, and chose the following officers, to wit :

The Hon. John Gardner, Esq., for the remaining part of the
current year ; who soon after appeared, and in the presence of
the General Assembly, took the engagement by law pro-
vided.

His Honor, the Deputy Governor, was also chosen one oi
the committee of war, in the room of the late Mr. Nichols.

Whereas, the works that have been begun and carried on
at Fort George, for the defence and security of the colony, re-
main still unfinished, and it is thought absolutely necessary
that said works should continue still to be carried on further, in
order to their being rendered complete, as well as to secure and
prevent what is already done, from falling into ruin, —

This Assembly, therefore, do vote and resolve, and it is voted
and resolved, that Capt. William Mumford and Lieut. Caleb
Carr, be and they are hereby, empowered to procure (as soon as
may be), all such materials as shall be found necessary for the
carrying on said work ; and also to employ such a number of
workmen thereon as shall be necessary for the same ; that the
charges thereon accruing, be paid out of the lottery intended
for that purpose ; and that said captain and lieutenant perform
said services, without any expense or charge unto the govern-
ment, for their own trouble.

An Act for raising, subsisting and paying a company of sixty
men, as a reinforcement to the provincial army.
Be it enacted by this General Assembly, and by the au-
thority thereof it is enacted, that one company of sixty men,
including officers, be forthwith raised in this colony, as a rein-



1756.] AND PROVIDENCE PLANTATIONS. 515

forcement to the provincial army gone, this year, in the expe-
dition against Crown Point ; that as soon as said company is
raised, they be sent unto His Excellency the Earl of Loudoun,
under the command of the following officers, who are chosen, to
wit:

Joseph Windsor, captain ; John Power, Jr., first, and Benja-
min Butler, second lieutenants.

And be it further enacted, that if any of said officers refuse
to take the command hereby assigned him or them, the com-
mittee of war shall, and hereby is directed and fully empow-
ered to appoint another or other in the place or places of him
or them that shall so refuse.

And be it further enacted, that if the said company shall not
be filled by enlistment before or upon the 25th day of this
instant September, the committee of war be, and is hereby, au-
thorized and fully empowered to issue and give orders for
raising the number of men that shall be wanted to complete
the said company ; which shall be done in such manner as
they, the committee of war, shall think most proper.

And be it further enacted, that all and every the officers and
soldiers that shall go in the present service, shall be entitled to
have and enjoy the same wages, bounty and immunities, which
the officers and soldiers last raised in this colony were or are
entitled to.

And be it further enacted, that the committee of war pro-
vide all necessaries for said company, as heretofore ; and that,
for defraying the charges thereof, the general treasurer, or the
committee of war, is hereby directed and fully empowered to
hire the sum of £20,000, old tenor, upon the credit of the
colony, giving no more than ten per cent, interest ; and in case-
the said sum of £20,000 cannot be hired, as aforesaid, that the
committee of war direct and order the sum of £2,000 lawful
money to be struck off and signed by the committee who
signed the last bills ; which shall be redeemed and sunk in two
years, according to act of Parliament, by a rate or tax, to be
assessed and levied on the inhabitants of this colony.

And it is further enacted, that His Honor, the Governor, be,



516 RECORDS Of THE COLONY OF RHODE ISLAND [1756=

and he hereby is, requested to commissionate the officers that
are, or shall be, appointed to the command of said company.

Be it enacted by this General Assembly, and by the au-
thority thereof it is enacted, that His Honor the Governor, and
Martin Howard, Jr., Esq., be, and they are hereby appointed a
committee, and fully empowered to w^ait on His Excellency
the Eaii of Loudoun, general and commander in chief of
all His Majesty's forces in North America, and congratulate
him upon his safe arrival in North America ; that they lay be-
fore His Excellency, the state of this colony, in all its circum-
stances, (with which His Honor the Governor, is intimately ac-
quainted), and request His Lordship's assistance in such mat-
ters as concern this colony, according to the instructions given
them by this Assembl3^

An Act for prohibiting all tiade and commerce with the

French.

Be it enacted by this General Assembly, and by the au-
thority thereof it is enacted, that the collector of His Majesty's
customs of this colony, and also the naval officer, be, and they
are hcreby,restricted to clear out any vessel for parts beyond sea,
until the master of such vessel shall have made oath or affir-
mation before the naval officer, that he will not, directly or in-
directly, go with his vessel to any port or place, subject to, of
within the dominions of the French king, unless forced thereto,
by an enemy, or other unavoidable misfortune ; which oath, or
affirmation, shall be certified by the naval officer, on every
clearance that shall be given for such vessel ; and if any per-
son violate his oath or affirmation, made as aforesaid, he shall,
upon conviction thereof, before any court of record in the
colony, forfeit all and singular his estate, both real and per-
sonal, — one half to the person or persons who shall inform
and sue for the same, and the remainder to and for the colo-
ny's use ; and such ollender shall also sufler all the i)ains and
penalties of perjury, as he should or ought if the said oath or
affirmation had been made in a court of record.

And be it further enacted by the authority aforesaid, that if



1756.] AND PROVIDENCE PLANTATIONS. 517

at any time hereafter, a vessel shall go with, or without, a clear-
ance, as obtained aforesaid, unto any port or place, subject to or
within the dominions of the French king, such vessel, together
with her cargo, upon her return to, or arrival at Newport, or any
other port or place within this colony, shall be forfeited ; —
one half to, and for the use of the colony, and the remainder to
him or them that shall inform and prosecute for the same, in
any court of record within the colony.

And for rendering this act still more fully effectual, —

It is further enacted, that all judges, justices, sheriffs and
other ministers of the law, whatsoever, in this colony, be, and
they are hereby directed and required to use their utmost en-
deavors to discover and bring to justice all and every the of-
fenders that shall be guilty ol the breach of this act.

And be it further enacted, that when any person or persons
shall complain to, or inform any of the authorities, aforesaid,
that he or they have just cause to suspect that a person who
has returned to Newport or any other place or port within
this colony, from parts beyond sea, hath violated this act ; if
such officer shall neglect or refuse to issue his warrant against
the party so returned, for the seizing his vessel and cargo, un-
til a trial shall be had thereon, he shall forfeit the sum of
£1,000, to and for the colony's use, to be recovered by bill,
plaint or information, in any court of record within the colony,
and forever thereafter be rendered incapable of sustaining any
post or office therein ; and the officer to whom such Avarrant is
directed, if he refuse or neglect to execute the same, immedi-
ately upon receipt thereof, shall be liable to the same penalties,
to be recovered in manner aforesaid.

This Assembly do vote and resolve, and it is voted and re-
solved, that James Honeyman, Peter Bours and George Brown,
Esqs., be, and they are hereby appointed a committee to con-
sider of an allowance to be made the judges of the superior
court of judicature, couit of assize and general jail delivery,
for their sitting at the trial of criminals, and make report unto
this Assembly at their next session.

An it is further voted and resulvedj that what shall be al-



518 RECORDS OF THE COLONY OF RHODE ISLAND [1756.

lowed at the next session of Assembly, the said judges shall re-
ceive the like allowance for all criminal cases that shall be
tried before that time.

This Assembly do vote and resolve, and it is voted and re-
solved, that all officers that have received money for the colo-
ny's use, shall, when they render the same into the treasury,
pay all the Crown Point bills that they received amongst said
money, and had in their hands at the time of passing the
act for sinking said bills, with the money granted to the colony
for His Majesty ; and also all such bills as they shall hereafter
receive, and that they do the same on oath or solemn affir-
mation.

Whereas, John Tirril, a subject to the French king, now con-
fined in His Majesty's jail, in Newport, preferred a petition un-
to this Assembly, setting forth, that although he is a French-
man by birth, yet he was educated and continues to be a Pro-
testant, having lived more than five years among the English ;
that at present he hath not wherewithal to support himself, and
therefore prayed liberty to sail out of this place for a liveli-
hood, as he hath done for the two last years, or at least grant
him an allowance sufficient for his subsistence ; on considera-
tion whereof, —

This Assembly do vote and resolve, and it is voted and re-
solved, that if the petitioner will take the oath of allegiance unto
His Majesty King George the Second, he shall be discharged
from jail ; that otherwise, the committee of war send him off to
some neutral port, by the first opportunity; and that the
sheriff of the county of Newport, make inquiry whether the
said John Tirril has any estate, and if he has not sufficient to
support himself, that he be supported at the charge of the
colony until he makes oath, or is sent off.

Be it enacted by this General Assembly, and by the au-
thority thereof it is enacted, that the following articles be,
and hereby are, made the heads of instructions to be observed
by the commissioners appointed to go to Albany, and wait upon
His Excellency the Earl of Loudoun :

1. That they presept an address to His Excellency, in be-



1756.] AND PROVIDENCE PLANTATIONS. 519

half of this colony, assuring him of their readiness to obey and
fulfil all such orders and directions as he shall honor them
with for His Majesty's service, agreeably to the abilities of this
colony.

2. That they lay an exact state of the colony before His
Excellency ; as to fortifications, cannon, warlike and military
stores, the number of inhabitants, the state of the treasury,
and funds for supplying it.

3. That they beg His Lordship to lay their defenceless
condition before His Majesty, in the most favorable light.

4. That they pray His Lordship to afford the colony such
an allowance for the provisions and warlike stores furnished
by them, to the provincial forces the present year, as may be
agreeable to His Majesty's gracious intentions, signified to all
his colonies, by his secretary of state.

5. That they endeavor to prevail with His Lordship, to set-
tle and ascertain the proper and equitable proportions and
quotas of men and other aids that each colony ought to fur-
nish towards the common cause of defending their country,
that on future requisitions, His Lordship send to each colony
for the specific number their duty requires them to send ; and
that the commissioners, at their return, lay His Lordship's de-
termination before the General Assembly, for their approbation
or rejection.

6. That they treat with His Lordship, in respect to hiring
of the crown a sum of money, in case the colony should have
occasion, and think proper to hire it.

7. That the committee receive a commission for these pur-
poses, signed by the secretary, and sealed with the colony's
seal, by order of the General Assembly.

This Assembly do vote and resolve, and it is voted and re-
solved, that His Honor the Deputy Governor, James Honey-
man and Daniel Updike, Esqs., be, and they are hereby, ap-
pointed a committee, to prepare a bill respecting persons dis-
affected to His Majesty, and lay the same before this Assembly,
at their next session.

God save the King;.



520 RECORDS OF THE COLONY OF RHODE ISLAND [1T5G.



H. Fox, to the Governor and Company of Rhode Island:"^

Whitehall, March 13th, 175G.

Gentlemen :— I have acquainted you in my other letter of this date, with the
King's having appointed the Earl of Loudoun to be commander in chief of all His
jNIajesty's forces in North America ; but as it will be some time before His Lord-
ship or Major General Abercrombic (who is to be the next in command to him,)
can set out from hence, the King has directed Colonel Webb (who will forward
this letter to you,) to embark immediately for North America, and to take upon him
the command of the forces there, till the arrival of Lord Loudoun, or Major Gen-
eral Abcrcrombie ; you will, therefore, correspond with Colonel Webb, and give
him all necessary lights and assistances, in the same manner you were directed to
do to the late General Braddoi;k.

It having been represented that a considerable number of the foreign settlers in
America mi»ht be more willing to enter into the King's service, if they were com-
manded by officers of their own country, an act of Parliament has been passed, of
which I send you enclosed a printed copy, enabling His Majesty to grant commis-
sions to a certain number of German, Swiss and Dutch Protestants, who have
served as oflicers or engineers ; and as they have already engaged, they will embark
with all expedition, in order to assist in raising and commanding such of the foreign
Protestants in North America, as shall be able and willing to serve with the rest of
the forces upon this occasion ; and it is the King's pleasure, that you should give
any of the said officers who may come into your government, all the assistance in
your power, in the execution of this service.

It being of the greatest importance that His Majesty should, in the present situa-
tion of all'airs, be truly and exactly informed of the real state of defence of all his
colonies in America, as well in relation to the ordnance and stores of war, which
are in each colony, respectively, as to the forts and fortifications, and the number
of their inhabitants, it is the King's pleasure, that you should prepare and transmit
to the Earl of Loudoun, or the commander in chief of His Majesty's forces, for the
tiuie being, an exact and particular account thereof, with respect to the colony un-
der your govervment, in which you are to express the present actual state and
quantity of the cannon, small arms, ammunition and other ordnance and military
stores, belonging to the said colony, either in the public magazines, or in the pos-
session of the militia, or other private persons; together with the true state of all
l)laces, either already fortified, or which you judge forthwith necessary to be foTti-
fied, with your opinion at large in what manner His Majesty may further contrib-
ute to the security and defence of the said colony ; and also, as exact an account as
you can obtain, of what number the militia is composed, and how armed, mus-
lon;d and trained.

I am, gentleman, your most obedient humble servant, H. FOX.

To the Governor and Company of Rhode Island.



* This letter, with those which follow, to that of the 13th of May, nfjO, inclusive, were
not iliscovered till it was too late to insert them in that part of this volume to which they

tllOV llcl. )!).'.



1756.] AND PROVIDENCE PLANTATIONS. 521



Major General Johnson, to Governor Hopkins

«

Fort Johnson, April 2d, 1756.
Sir: — I have received a letter from Sir Thomas Robinson, bearing date from
Whitehall, the 11th November last, in which are the following paragraphs, which 1
judge it',my duty to communicate to you.

" The King i^ pleased to order, that you do signify to the officers aud pri-
vate men who have so eminently distinguished themselves, that their resolute and
undaunted behaviour has given His Majesty the greatest satisfaction.

The alacrity and despatch with which these reinforcements were raised, is greatly
to be commended.

The colonies which have so readily and vigorously exerted themselves on this
great occasion, will always find favor and protection from His Majesty."
I am, most respectfully, sir,

Your obedient humble servant,

\VM. JOHNSOJJ.
To Governor Hopkins.

Memorial of Richard Partridge, Agent for Rhode Island, to the
Lords Commissioners for Trade and Plantations.

The memorial of llichard Partridge, agent for the colony of Rhode Island and
Piovidence Plantations, in New England, humbly showeth :

That some years since, the said colony of Rhode Island and Providence Planta-
tions directed your memorialist to apply to the King, and to represent that they had
built a fortification at the entrance of the harbor of Newport, their principal town,



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 48 of 56)