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Full text of "Records of the colony of Rhode Island and Providence Plantations, in New England"

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>^<^/ 4(^^ d/^^^ <4 



EECOEDS 
STATE OF RHODE ISLAND 

PROVIDENCE PLANTATIONS 

NEW ENGLAND. 



PRINTED BY ORDEH OF THE GENERAL ASSEMBLY. 



•JOHN KUS.SELl BABTI.ETl', 



1784 TO 179-2. 

PROVIDENCE: 

1 H c. r, . 



f 

1 G 

\8CC. 



!l 



PREFACE. 



The tenth and last volume of the Colonial and State Re- 
cords of Rhode Island, commences in 1784, and terminates 
with the October session, 1792, the last of the year. During 
the latter year, the State of Rhode Island adopted the Con- 
>titution of the United States. Its existence,»therefore, as a 
sovereign state, ceased with this important act; and it became 
a component and permanent part of the United States. 
The history of the latter, will, from that period, embrace 
the history of all the States in the Union ; and the history 
of Rhode Island, from the period when she became merged 
in the great Federal Union, will be confined to tnansactions 
within her own State limits. J. R. B.^ 

Providenci-I, November, 1805. 



EHODE ISLAND EECOEDS. 



EHODE ISLAND RECOEDS. 



Proceedings of the General Assembb/ of the State of B/iode 
Island and Providence PlantationSj at Providence^ on the last 
Monday in February^ 1784. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

It is voted and resolved, that Mr. Thomas Fitch Oliver, at 
present the ojSiciating clergyman in the Episcopal Church, 
in the town of Providence, be, and he is, hereby vested with 
full power and authority to join persons in marriage; he com- 
plying, with the law of this state regulating marriages. Any 
law, custom, or usage, to the contrary notwithstanding. 

Whereas, the Congregational Society, in the town of 
Tiverton, preferred a petition unto this Assembly, repre- 
senting that the meeting house belonging to the said society 
was improved, during the late war, as a barrack for the 
troops, whereby it is greatly injured ; and that the said 
society are unable to advance the money to repair the 
same ; and thereupon prayed this Assembly to grant them a 
lottery, for raising the sum of fifteen hundred dollars, to be 
applied to the repairing of the said meeting house ; and 
that Joseph Taber, Pardon Gray, John Cooke, William 
Ladd, William Whitridge, Abraham Brown, Benjamin How- 
land, and Nathaniel Briggs may be appointed directors of 
the said lottery ; which being duly considered, — 



KHODE ISLAND RECORDS. 



Proceedings of the General Assembly of the State of Rliode 
Island and Providence PlantaiionSj at Providence^ on the last 
Monday in February , 1784. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

It is voted and resolved, that Mr. Thomas Fitch Oliver, at 
present the officiating clergyman in the Episcopal Church, 
in the town of Providence, be, and he is, hereby vested with 
full power and authority to join persons in marriage; he com- 
plying with the law of this state regulating marriages. Any 
law, custom, or usage, to the contrary notwithstanding. 

Whereas, the Congregational Society, in the town of 
Tiverton, preferred a petition unto this Assembly, repre- 
senting that the meeting house belonging to the said society 
was improved, during the late war, as a barrack for the 
troops, whereby it is greatly injured ; and that the said 
society are unable to advance the money to repair the 
same ; and thereupon prayed this Assembly to grant them a 
lottery, for raising the sum of fifteen hundred dollars, to be 
applied to the repairing of the said meeting house ; and 
that Joseph Taber, Pardon Gray, John Cooke, William 
Ladd, William Whitridge, Abraham Brown, Benjamin How- 
land, and Nathaniel Briggs may be appointed directors of 
the said lottery ; which being duly considered, — 



4 RECORDS OP THE STATE OF RHODE ISLAND [FeB., 

It is voted and resolved, that the said petition be, and the 
same is, hereby granted ; that the said Joseph Taber, Pardon 
Grray, John Cooke, William Ladd, William Whitridge, Abra- 
ham Brown, Benjamin Howland, and Nathaniel Briggs be, 
and they are, hereby appointed directors of the said lottery, 
and empowered to draw and establish a scheme therefor ;. 
provided that they give bond to the general treasurer, in a 
sum double the amount of the said scheme, for the faithful 
^discharge of their trust ; and that no expense accrue to the 
State. 

Whereas, Jeremiah Olney, Esq., late commandant of this 
state's Continental regiment, preferred a petition to this 
Assembly, representing that there is still due to the oflBcers 
and soldiers of the said regiment, a balance of about three 
hundred pounds, upon the orders given by this Assembly, 
in favor of the said regiment, on the general treasury ; and 
praying that interest thereon may be allowed ; which being 
duly considered, — 

It is voted and resolved, that Ebenezer Thompson, John 
Jenckes, and Bouse J. Helme, Esqs., be, and they are, hereby 
appointed a committee to examine the pay-rolls on which 
the sums above-mentioned were granted, and to inquire into 
the accounts of the said Jeremiah Olney, relative to the 
receipts of money in behalf of the said regiment, the ex- 
penditure of the same, and the amount of the interest due 
on the said orders. 

Whereas, the general treasurer hath represented to this 
Assembly, that he hath issued certificates for interest on 
loan-office certificates, pursuant to an act passed at the last 
session of this Assembly, to the amount of twenty-eight 
thousand eight hundred dollars, the sum limited in said act ; 
and whereas, it appears that there are certificates issued 
from the loan-office in this state, and now belonging to the 
inhabitants thereof, to a considerable amount; for one 
year's interest whereof no certificates have been yet issued 
to the possessors of the said certificates, — 



1784.] AND PROVIDENCE PLANTATIONS. 5 

It is therefore voted and resolved, that the general treas- 
urer be, and he is,. hereby empowered and directed to issue 
certificates for one vear'g interest of all such loan-office cer- 
tificates, issued from the loan-office in this state, and which 
belonged to the inhabitants of this state on the twenty-fifth 
day of December last, agreeable to the directions and 
restrictions in the said act mentioned. And that the said 
certificates be received by the general treasurer, and collec- 
tors of taxes, in payment of the last state tax, in like man- 
ner as the certificates issued pursuant to the act aforesaid. 

It is further voted and resolved, that an interest of six 
per cent per annum be allowed and paid by the general 
treasurer on all such certificates for interest, from their date 
till received into the treasury, as well on certificates which 
have been, as those which may be issued, and also on such 
as have been paid into the treasury ; and that the said cer- 
tificates issued pursuant to this act shall bear the same date 
as those which have been heretofore issued. 

And whereas, it hath been found very inconvenient for 
the inhabitantSj in divers parts of the State, to make oath 
before a justice of the Superior Court, as is directed in the 
act aforesaid, by reason of the distance of their places of 
residence, — 

It is therefore further resolved, that Thomas G. Hazard, 
of Newport, Thomas Wells, of IJopkinton, and Shearjashub 
Bourne, of Bristol, Esqs., be, and they are, hereby also 
appointed and empowered to administer the oath in the 
said act prescribed. 

It is further voted and resolved, that in case, when the 
payment of the said tax shall be completed, any of the cer- 
tificates so to be issued shall remain undischarged, the 
surplus thereof shall be received in payment of the next 
state tax which shall be ordered ; and that copies of this 
act be transmitted to the several town clerks as soon as 
may be. 



6 RECORDS OP THE STATE OF RHODE ISLAND [FeB., 

Upon the petition of Mr. * Samuel Gardner^ of South 
Kingstown, preferred unto this Assembly, representing that 
while he was confined in the town of Newport, during the 
time the British troops were in possession thereof this 
Assembly ordered his tenant, Mr. Abijah Babcock, to pay 
the rents and profits of his estate, lying in said South Kings- 
town, into the general treasury ; and praying that he may 
be paid what in law and equity is due to him, the following 
report was made, to wit : 

Report of the Committee appointed hy the General Assemhlf/ 
in relation to the estate of Samuel Gardner, 

We, the subscribers, being appointed by the lovr^r House of Assembly, to consider 
the petition of Mr. Samuel Gardner, have accordingly met the petitioner, with his 
counsel, James M. Yarnum, Esq., and fully heard them on the premises, and, after 
full and deliberate consideration, report that the said Samuel Gardner, though he has 
received as much money from the general treasurer as the state received towards the 
rent of the said farm, yet it doth not appear to us that Mr. Abijah Babcock, who hired 
the farm of the said Samuel Gardner, has ever paid, either to the State or to the said 
Samuel Gardner, any thing near the real value he contracted to pay to the said Samuel 
Gardner. 

All which is submitted by JOHN BROWN, 

JOHN JENCKES, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted. 

Whereas, divers inhabitants of the town of Providence 
preferred a petition, and represented unto this Assembly 
that they are desirous of .erdcting a public market house, 
for the benefit of the north part of the said town ; and also 
of building a bridge from the south side of the work-house 
lot over to the main street, which will be of public utility ; 
and thereupon prayed this Assembly to grant them a lot- 
tery, for raising a sum not exceeding one thousand pounds, 
lawful money, for the purposes aforesaid ; and that Messrs. 
John Whipple, Benjamin Comstock, Samuel Young, Wil- 
liam Wheaton, Amos Allen, and Jonathan Marsh may be 



• / 



1784.] AND PKOVIDENCE PLANTATIONS. 7 

appointed directors of the said lottery ; which being duly 
considered, — 

It is voted and resolved, that the said petition be, and 
the same is, hereby granted ; and that the said John Whip- 
ple, Benjamin Comstock, Samuel Young, William Wheaton, 
Amos Allen, and Jonathan Marsh, be, and they are, hereby 
appointed directors of said lottery, and empowered to draw 
a scheme for the same, for raising a sum not exceeding one 
thousajid pounds, lawful money ; provided they give bonds 
to the general treasurer for the faithful performance of 
their trust, in a sum double the amount of the said scheme ; 
and that no expense accrue to the state. 

An Act authorizing the ujanumission of negroes, mulattoes, and others, and for the 

gradual abolition of slavery. 
Whereas, all men are entitled to life, liberty, and the pursuit of happiness, and tlie 
holding mankind in a state of slavery, as private property, which has gradually ob- 
tained by unrestrained custom and the permission of the laws, is repugnant to this 
principle, and subversive of the happiness of mankind, the great end of all civil gov- 
ernment, — 

Be it therefore Tenacted by this General Assembly, and by the authority thereof it 
is enacted, that no person or persons, whether negroes, ^mulattoes, or others, who 
shall be born within the limits of this state, on or after the first day of March, A. D, 
17^, shall be deemed or considered as servants for life, or slaves ; and that all servitude 
for life, or slavery of children, to be bom as aforesaid, in consequence of the condition 
of their mothers, be, and the same is, hereby taken away, extinguished, and forever 
abolished. 

And whereas, humanity requires that children declared free as aforesaid remain 
with their mothers a convenient time from and after their birth ; to enable, therefore 
those who claim the services of such mothers to maintain and support such children 
in a becoming manner, — 

It is further enacted by the authority aforesaid, that such support and maintenance 
be at the expense of the respective towns where those reside and are settled : pro- 
vided, however, that the respective town councils may bind out such children as 
apprentices, or otherwise provide for their support and maintenance, at any time after 
they arrive to the age of one year, and before they arrive to their respective ages of 
twenty-one, if males, and eighteen, if females. 

And whereas, it is the earnest desire of this Assembly that such children be edu- 
cated in the principles of morality and religion, and instructed in reading, writing, and 
arithmetic, — 

Be it further] enacted by the authority aforesaid, that due and adequate satisfaction 
be made as aforesaid for such education and instruction. And for ascertaining the 
allowance for such support, maintenance, education, and instruction, the respective 
town councils are hereby required to adjust and settle the accounts in this behalf 
from time to time, as the same shall be exhibited to them ; which settlement so made 
shall be final, and the respective towns by virtue thereof shall become liable to pay 
the sums therein^ specified and allowed. 



I 

8 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

And be it further enacted by the authority aforesaid, that all persons held in serri- 
tude or slayery, who shall be hereafter emancipated by those who claim them, shall 
be supported as other paupers, and not at the separate expense of the claimants, if 
they become chargeable; provided they shall be between the ages of twenty-one 
years, if males, and eighteen years, if females, and forty years, and are of sound body 
and mind ; which shall be judged of and deterftiined by the town councils aforesaid. 

It is voted and resolved, that the whole of the clause 
contained in an act of this Assembly^ passed at June ses- 
sion, A, D. 1774, permitting slaves brought from the coast 
of Africa into the West Indies, on board any vessel belong- 
ing to this (then colony, now) state, and who could not be 
disposed of in the West Indies, &c., be, and the same is, 
hereby repealed. 

Whereas, Jeremiah Olney, Esq., late commandant of this 
state's Continental battalion, presented unto this Assembly 
the following representation, to wit : 

Report of Col Jeremiah Olney to the General A9»ei)A1y in relation 
to additional pay to certain Staff Officers. 

At the particular request of the staff officers of the line of this state, the sub- 
scriber begs leaye to represent to this honorable Assembly, that in settling of their 
depreciation accounts with the State, up to August, A. D. 1780, they were not* 
allowed the additional pay promised by several resolves of Congress to the staff 
officers, and which has been allowed them since that period ; and that the tmiform 
practice of other states, in settling the depreciation account, has been to allow the 
additional pay to the staff officers. Wherefore, in their behalf, I request that this 
Assembly will now appoint a committee to adjust the accounts of the additional pay, 
due to the staff officers of this state's line, up to the first day of August, A. D. 1780 ; 
that the said committee have power to reconsider the accounts of Captain David 
Sayles, and Lieutenant John Rogers, who did the duty of Quartermaster and Ac^u- 
tant, from the first of August, A. D. 1780, to December the thirty-first, A. D. 1781, 
inclusive, as settled in account with the state, in February, A. D. 1788, since which 
it appears they were each entitled to an extra ration, by a resolve of Congress, which 
ration was not included in said settlement. 

I have the honor to be, with great esteem, gentlemen. 

Your very obedient, humble servant, 

% JEREMIAH OLNET. 

And the same being duly considered, — 

It is voted and resolved, that Esek Hopkins, Thomas 
Rumreil, and Benjamin Bourne, Esqs., be, and they are, 
hereby appointed a committee to settle and adjust the said 



1784.] AND PROVIDENCE PLANTATIONS. 9 

accounts on the same principles as the accounts of the othi^r 
officers have been adjusted ; and that they report thereon 
as soon as may be. 

The representation of Jeremiah Olney, Esq., late com- 
mandant of this state's Continental battalion, made unto 
this Assembly, and his request that a committee may be 
appointed to divide the Bannister lot, so called, lying in 
Newport, which hath been set off to the officers and soldiers 
of the said regiment, being duly considered, — 

It is voted and resolved, that Thomas G. Hazard and 
William Channing, Esqs., be, and they are, hereby appointed 
a committee to divide the said lot ; that the said committee 
employ e^ surveyor, if necessary ; that Mrs. Bannister, the 
wife of Mr. John Bannister, who owns one-half of the said 
lot, be notified of the time when they will proceed upon 
the said business, and that they report thereon to this 
Assembly at the next session. 

Whereas, Mr. John Brown, Archibald Crary, and William 
Channing, Esqs, presented unto this Assembly the following 
report, to wit : 

Report of the Committee appointed hj tlie Genei^al AsseniUy 

relative to the estates of Samuel Boone. 

Tlie subscribers, being appointed to inquire into tbe circumstances of the incum- 
brances which are on the estates late belonging to Samuel Boone, do report, that the 
farms on Black Plains, in Exeter, and* at North Kingstown, are under mortgage to 
Stukcly Westcot, for upwards of twenty -six hundred dollars ; and that having 
inquired into the circumstances of the said farms, we are of opinion, that upon the 
said Stokely Westx^ot's conveying his right in the said farm in Exeter, to this state, 
that tlien the fee simple of the said farm in North Kingstown be conveyed by the 
general treasurer, in behalf of this state, to the said Stukely Westcot. 
All which is submitted by JOHN BROWN, 

ARCHIBALD CRARY, 
WILLIAM CHANNING, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; that upon the said Stukely Westcot's delivering 

yoL. z. 2 



10 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

unto the general treasurer a deed of release, quitting all 
his claim in a farm lying in Exeter, called the Black Plain 
farm, formerly belonging to Samuel Boone, unto the gen- 
eral treasurer for the time being, to and for the use of this 
state, that the said general treasurer, in behalf of this state? 
make and execute a deed of release, and quitting all the 
claim of this state unto the farm lying in North Kings- 
town, formerly belonging unto the said Samuel Boone, unto 
the said Stukely Westcot, his heirs and assigns. 

An Act repealing the (U!t commonly called the Test Act, and prescribing the form of 

an oath, or affirmation of allegiance to the state. 

Whereas, the late war, in which the United States were engaged with Great Britain, 
is, by the good providence of the Supreme Governor of the universe, brought to an 
happy issue, and the reasons for passing the aforesaid act, commonly called the Teat 
Act, no longer subsist, — 

It is therefore enacted by this General Assembly, and by the authority thereof it is 
enacted, that the said act be, and the same is, hereby repealed. 

And it is further enacted by the authority aforesaid, that the following shall be the 
form of tlie oath (or in cases of tender consciences of the affirmation) of allegiance, 
to be taken by all persons who shall hereafter be admitted to vote in the election of 
any officer, or in any other matter in this state, excepting those who have heretofore 
subscribed the test required by the said act, of whom no new engagement is to be 
demanded, to wit : 

You, A B, do solemnly syrear (or affirm) that you will bear faith and true alle- 
giance to the State of Rhode Island and Providence Plantations, as a free, sovereign, 
and independent state, and as a faithfUl citizen thereof. So help you God, (And 
thi^ affirmation you make and give upon the peril of the penalty of peijury.) 

Which shall be administered by the moderator in open town meeting. 

It is voted and resolved, that John Mawdsley, Esq., be, 
and he is, hereby empowered to take possession of all his 
property, real and personal, lying and being within the 
limits of this State, on the twenty-fifth day of March next ; 
that he be empowered to sue for and recover his just 
demands ; and that he be liable in like manner to be sued 
for the demands against him. 

Whereas, Mr. Augustus Ellis, of West Greenwich, who 
intermarried with one of the daughters of Charles Slocum, 
late of North Kingstown, deceased, preferred a petition unto 
this Assembly, in . behalf of himself and the children of 
the said Charles Slocum, and represented, that the wife of 



1784.] AND PROVIDENCB PLANTATIONS. 11 

the said Charles Slocum being charged with misdemeanors, 
this Assembly ordered the sheriff to take into his possession 
all the personal estate of the said Charles Slocum, and sell 
the same ; that the sales thereof amounted to four hundred 
and twenty pounds fifteen shillings, which was paid into 
the general treasury ; and that no settlement thereof hath 
yet been made ; and thereupon he prayed this Assembly to 
appoint a committee to inquire into the premises, and cause 
justice to be done therein ; which being duly considered, — 

It is voted and resolved, that John Jenckes and Ezek 
Hopkins, Esqs., be, and they are, hereby appointed a com- 
mittee to inquire into the matters set forth in the said 
petition ; and that they make report of the whole state of 
the said affair to this Assembly at the next session. 

Whereas, the wardens, vestry, and other members of the 
Episcopal Church, in the town of Bristol, preferred a peti- 
tion,, and represented unto this Assembly, that the church 
in the said town was burnt by the enemy in the late war, 
whereby they are deprived of a suitable place to assemble 
together for the worship of God, according to their form ; 
and thereupon prayed this Assembly to grant them a lot- 
tery, for raising the sum of one thousand dollars, to enable 
them to build a church ; which being duly considered, — 

It is voted and resolved, that the said petition be, and 
hereby is, granted ; that they be empowered to set forth a 
lottery for the purpose of raising a sum not exceeding one 
thousand dollars, for building a church in the said town of 
Bristol; and that Messrs. Nathaniel Pearce, Sr., William 
Pearce, John Usher, Eichard Pearce, Jeremiah Wheeler, 
Hezekiah Usher, Nathaniel Munro, and Lemuel Clarke, be, 
and they are, hereby appointed managers of the said lot- 
tery, and empowered to agree on a scheme for the same ; 
provided, they give bond to the general treasurer, in a sum 
double the amount of such scheme, for the faithful per- 
formance of their trust 



12 RECORDS OP THE STATE OP RHODE ISLAND ' [FeB., 

It is voted and resolved, that this Assembly do hereby 
relinquish all right, claim, and demand against the estates 
of Jahleel Brenton and James Brenton, in consequence of 
any acts or judgments confiscating those estates ; and that 
the creditors, as well mortgagees as others, may, as they 
shall see fit, pursue their several claims and demands 
against the. said estates, in the same manner as though no 
acts or judgments of confiscation had been made or passed. 

It is voted and resolved, that Esek Hopkins and Jere- 
miah Olney, Esqs, be, and they are, hereby appointed a 
committee to ascertain the amount of the certificates which 
have been given by the regimental paymaster of this 
State's Continental regiment to the men raised for nine 
months, as recruits fot said regiment 

It is further voted and resolved, that the delegates from 
this state now at Congress, be, and they are, hereby re- 
quested to apply to Congress to point out the mode in 
which the arrears due to the said recruits shall be paid ; 
and that His Excellency the Governor be requested to write 
a letter accordingly. 

Whereas, divers inhabitants of the towns of Warwick 
and Cranston preferred a petition, and represented unto 
this Assembly, that their ancestors did settle on both sides, 
and near the falls of Pawtuxet river, there built garrisons, 
and defended themselves against the savages of the country, 
with an intention and expectation of being incorporated 
into a township, whenever they should increase to a number 
sufficient ; but that there being but few inhabitants, and no 
bridge over the river, those on the north side of the river 
submitted to be added to Providence, and those on the 
south side to Warwick ; and that they have now increased 
to the number of about one hundred and ten freemen ; and 
thereupon they prayed this Assembly to set them ofi", and 
incorporate them into a township ; and whereas, they fur- 
ther represented, that if the said petition be granted, they 
will agree to take the whole expense of building and keep- 



1784.] AND PROVIDENCE PLANTATIONS. 13 

ing the Pawtuxet bridge in repair forever hereafter, without 
any expense to the State ; and further prayed, that in case 
this Assembly do not think fit to incorporate them as afore- 
said, a sufficient sum of money may be granted for rebuild- 
ing the said bridge, which has been lately destrbyed by 
the great floods. And the said petition being duly con- 
sidered, — 

It is voted and resolved, that the same be received, and 
referred to the next session of this Assembly; that the 
towns of Warwick and Cranston be cited in the mean time, 
to show cause, if any they have, why the said district shall 
not be incorporated into a township ; and that all expense 
hereon be paid by the petitioners. 

Whereas, no provision is made by law, ascertaining the 
time within which the creditors to the estates of per- 
sons deceased shall exhibit their claims to the executors 
and administrators of such estates, from whence great 
inconveniences have arisen, and a speedy and equitable 
adjustment thereof prevented ; for remedying whereof in 
future, — 

Be it enacted by this General Assembly, and by the 
authority thereof it is enacted, that the executprs or admiji- 
istrators of the estate of any persons deceased, shall, within 
one month after the granting of letters testamentary, or 
letters of administration, notify the creditors thereof, to 
exhibit their claims or demands to him or them, within one 
year from the granting of the said letters, by an advertise- 
ment in one of the public newspapers, and setting up notifi- 
cations in two or more public places, in the town in which 
the deceased person last dwelt. 

It is further enacted by the authority aforesaid, that if 
any creditor to such estate shall neglect to exhibit his claim 
or demand within the time aforesaid, he shall be forever 
afterwards precluded from demanding the same from the 
executors or administrators of such deceased person; and 
that such estate be disposed of agreeable to the will of the 
testator, or be distributed, in case of intestacy, agreeable to 



• 



14 RECORDS OP THE STATE OP RHODE ISLAND [FeB., 

law, after payment of the demaDds exhibited as aforesaid : 
provided, nevertheless, that nothing herein contained shall 
extend to persons under Age, beyond sea, or non conipos 
meniis. 

The following address of the officers of this state's Conti- 
nental battalion was presented unto this Assembly, to wit : 

To the Howrahle the General Assembly of the State of Rhode 
Island and Providence Plantations : 

The officers of the line of this state heg liberty to approach this honorable Assembly 
with the wannest gratitude, upon exchanging their military employment for the rank 
of citizens ; the glorious objects of the late controversy with Great Britain being hap- 
pily accomplished, they resume their former conditions with a satisfaction peculiar to 
freemen. If they have deserved the approbation of their country ; if they have 
gained the confidence of the State ; if they have endured hardships and encountered 
difficulties, they feel themselves still indebted, for your constant attention in every 
period of the war. If their conduct in the field ; if their wounds, and the blood of 
their companions, who have nobly fallen by their side, have entitled them to any share 
in the laurels of their countrymen, they are fully rewarded, in surrendering to your 
honors, upon this occasion, the standards of their corps, which have often been dis- 
tinguiihed by the bravery of your soldiers, upon the most critical and important 
occasions. They beg you will be pleased to accept them, with their most cordial 
acknowledgments, and be assured of the profound deference with which they have 
the honor to be, 

Your most obedient, and v^ry humble servants, 

JEREMIAH OLNET, 

In behalf of the Officers. 
Providence, February 28, A. D. 1784. 

And a committee having reported the following answer 
thereto, to wit : 

Gentlemen : — The Governor and company, in Genaral Assembly convened, with 
the most pleasing sensations, receive your affectionate and polite address. They con- 
gratulate you upon the happy termination of a glorious war, and upon your return, 
to participate with citizen^ and freemen in the blessings of peace. With peculiar 
satisfiiction they recollect the bravery and good conduct of the officers of the line of 
this state, who, after suffering all the toils and fatigues of a long and bloody contest, 
covered with laurels, have re-assumed domestic life. 

They are happy in receiving those standards, which have been often displayed with 
glory and bravery, in the face of very powerful enemies, and will carefully preserve 
the same, to commemorate the achievements of so brave a corps. 

We are, gentlemen, in behalf of both Houses of Assembly, 

With respect and esteem, your very humble servants, 

WILLIAM GREENE, Governor, 

WILLIAM BRADFORD, Speaker. 
February 2R, A. D. 1784. 

To the officers of the line of this state's late Continental battalion. 



1784.] AND PROVIDENCE PLANTATIONS. 15 

And the said answer being duly considered, — 

It is YOted and resolved, that the same be, and hereby is, 
approved ; that a fair copy thereof be made by the secre- 
tary, and signed by His Excellency the Governor, and the 
Honorable the Speaker, in behalf of this Assembly; that 
the same be by the secretary presented to Colonel Jere- 
miah Olney; and that the said standards be under the 
immediate care of His Excellency the Governor for the 
time being, to be by him carefully preserved, to perpetuate 
the noble exploits of that brave corps. 

The petition of Colonels Archibald Crary and John Top- 
ham, and Lieut. Colonel Josiah Flagg, in behalf of them- 
selves and the other officers and soldiers belonging to this 
state's late brigade, preferred unto this Assembly, represent- 
ing that for about three years' service their corps received 
only the paper currency for their pay and subsistence, with- 
out any regard to its depreciation, which, for a great part 
of the time, was very rapid ; and praying, that whatever is 
due to them may be settled and adjusted by a committee, 
which this Assembly may appoint, — being duly consid- 
ered,— 

It is voted and resolved, that Esek Hopkins, Benjamin 
Bourne, and Thomas Rumreill, Esqs, or any two of them, 
be, and they are, hereby appointed a committee to inquire 
into, adjust, and settle the accounts of the said brigade; 
and that they make report thereon to this Assembly at the 
next session. 

It is voted and resolved, that the town clerks of the sev- 
eral towns in this state, with Jeremiah Olney, Esq., be, and 
they are, hereby appointed to inquire into the amount of 
the bounties which have been advanced by their respective 
towns, for recruits for the continental, state, and militia ser- 
vice, since the commencement of the late war; and that 
report be made to this Assembly at the next session. 

It is voted and resolved, that the attorney general, James 
M. Vamum, Bowse J. Helme, Henry Marchant, and Benja- 



16 RECORDS OF THE STATE. OF RHODE ISLAND [FeB., 

min Bourne, Esqs, be, and they are, hereby appointed a 
committee to draft an act, pursuant to the recommendation of 
Congress, relative to the treaty of peacel)etween the United 
States and the King of Great Britain. 

It is voted and resolved, that the sum of three hundred 
dollars be advanced out^of the general treasury, to each of 
the delegates of this state, now at Congress, on account of 
their services and expenses. 

It is further voted and resolved, that the said delegates 
be, and they are, hereby instructed to use their influence to 
obtain a recess of Congress, as soon as the national business 
will possibly admit. 

It is further voted and resolved, that the said delegates 
request of Congress, that they adjourn, and convene at 
llhode Island in the course of the next year, or as soon as 
may be convenient ; and that Congress be informed, that if 
the said request shall be acceded to, this state will prepare 
suitable buildings for their accommodation. 

It is voted and resolved, that the payment of the last 
state tax of twenty thousand pounds be, and the same is, 
hereby postponed to the first day of May next ; that the 
general treasurer issue his executions at that time, against 
the treasurers of the several towns which shall be then 
delinquent, returnable in twenty days ; and that such towns 
as shall not pay their respective proportions of the said tax 
within the said time, shall pay interest at the rate of twelve 
per centum per annum, on the sums deficient. 

It is voted and resolved, that Mr. Stephen Deblois and 
Mr. John Freebody, both of Newport, be, and they are, 
hereby qualified to sue and be sued hereafter, in the same 
manner as though they had never been disqualified. 

It is voted and resolved, that the resolution of this As- 
sembly, passed at an early period of the late war, for 
removing the general treasurer's oflBice to Providence, be, 
and the same is, hereby repealed. 



1784.] AND PEOVIDENCE PLANTATIONS. 17 

Whereas, Esek Hopkins and Benjamin Bourne, Esqs., pre- 
sented unto this Assembly a state of the account of Major 
General Nathanael Greene, for the depreciation of his wages, 
together with their report thereon, to wit : 

« 

Account of Major General Nathanael Greene tvitk the State. 

Dr. The United States with Nathanael Greene. 
1780. £ 8. d, 

Aug. 1. To my wages, as Major General, from the Ist of January, 
A. D. 1777, to the 1st of August, A. D. 1780, three years 
and nine months, and $166 per month, is $7,138 2,141 8 

1777. Creditor. 

May. By cash received in paper bills at the pay office, $1864, is in 

real money 88 2 

July. By do., $200, do 25 2 6 

August By do., §200, do. . .4 24 0. 

Sept. By do., 8200, do 15 16 

Xov. By do., $200, do 13 17 6 

Dec. By do., $1,600, do 98 14 9 

1783. 

Dec. By do., received of this state, by order of Assembly 200 

£ 410 11 9 
Balance due to Nathanael Greene 1,780 16 8 

£2,141 8 
Errors excepted : NATHANAEL GREENE. 

We, the subscribers, pursuant to our appointment, report, that we have adjusted 
the depreciation account of Migor General Nathanael Greene, and that we find a 
balance due thereon from the United States to the said Nathanael Greene, of one 
thousand seven hundred and thirty pounds sixteen shillings and threepence, lawful 
money. ESEK HOPKINS, 

BENJAMIN BOURNE, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted; and that the general treasurer be, and he is, 
hereby directed to give unto the said Nathanael Greene his 
promissory note, for the said sum of seventeen hundred 
and thirty pounds sixteen shillings and threepence, lawful 
money, payable on demand, with interest 

YQI- X, 3 



18 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

Whereas, the definitive articles of peace and friendship 
between the United States of America and his Britannic 
Majesty have, at the present session, been officially received 
from Congress, together with the approbation and ratifica- 
tion of Congress thereof, — 

It is therefore voted and resolved, that His Excellency 
the Governor be requested to issue a proclamation, making 
known the same, and the resolves of Congress thereon, and 
cause it to be proclaimed by the sheriffs of the several 
counties, in their respective county towns, on such day as 
His Excellency shall appoint. 

It is further voted and resolved, that this Assembly will 
take into mature consideration such parts of the recom- 
mendations of Congress on the said definitive treaty, as the 
particular matters so recommended shall call for their deter- 
mination. 

And it is further voted and resolved, that this resolution 
be published in the Newport and Providence newspapers. 

Whereas, James M. Varnum and William Channing, Esqs., 
presented unto this Assembly the following report, to wit : 

Report of the Committee appointed by tlw General Assembly 
relative to tlie title of Job Sisson to a certain estate. 

The subscribers being appointed a couimittee to inquire into the situation of the 
estate upon Block Island claimed hj Mr. Job Sisson, have looked into the title of the 
said estate, and find that the said Job Sisson's mother, in her life-time, was seized of 
the same in fee tail ; that since the commencement of the late war the estate hath 
been confiscated, as belonging to Ackurs Sisson, a younger brother of tlie said Job 
Sisson, upon a supposition that the same had been passed upon by a common recov- 
ery, in favor of and vesting the fee simple in the said Ackurs Sisson ; that we have 
examined the public offices in the county of Newport, and find no record of such 
recovery ; and that the said Job Sisson is the next donee in tail to his mother, and 
/tl^erefQre i« t*ntitied to the estate. JAMES M. VARNUM, 

WILLIAM CHANNING. 

* Committee. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 

accepted ; and that the said estate be, and hereby is, restored 

to the said Job Sisson. 



1784.] AND PROVIDENCE PLANTATIONS. 19 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed, on application, to draw orders 
on any of the collectors of impost in the several counties, 
for the amount of one year's interest on any of the state 
securities, whereof interest for one year hath not been paid, 
in favor of any persons possessed of such securities, and 
indorse the same thereon; and that the said orders be 
received at the impost offices in payment of duties. 

It is voted and resolved, that Thomas Wells, William 
Channing, and Rowse J. Helme, Esqs., or any two of them, 
be, and they are, hereby appointed a committee to lease out 
all the estates belonging to this state, lying in the counties 
of Newport and Washington, excepting the house in which 
Thomas Rumreill, Esq., lives. 

It is voted and resolved, that His Honor the Deputy 
Governor be, and he is, hereby appointed to sell a quantity 
of sulphur belonging to this state at public vendue ; and 
that he pay the amount of the sales thereof into the gen- 
eral treasury. 

God save the United States of America. 



20 



RECORDS OF THE STATE OF RHODE ISLAND 



[May, 



■ 

Proceedings of the General Assembly of the State of Bliode 
Island and Providence Plantaiions^ at Newport^ on the first 
Wednesday in May^ 1784. 

His Excellency William Greene, Governor. 
The Hon, Jabez Bowen, Deputy Governor. 



Welcome Arnold, Esq,, 
Thomas Wells, Esq., 
Gideon Mumford, Esq., 



ASSISTANTS. 

William Hammond, Esq., 
Thomas G. Hazard, Esq., 
John Cooke, Esq. 



DEPUTIES. 



Newport. 
George Hazard, Esq., 
Henry Marchant, Esq., 
Mr. George Champlin, 
John Topham, Esq., 
Mr. Peleg Clarke, 
Mr. Daniel Mason, 
Providence, 
Joseph Nightingale, Esq., 
Mr. Paul Allen, 
Ebenezer Thompson, Esq. 

Wanmk. 
John Warner, Esq., 
Mr. Thomas Remington, 
Benjamin Arnold, Jr., Esq., 
Mr. David Wightn^an. 

Portsmouth. 
Mr. Joseph Cundall, 
Mr. William Anthony, Jr., 
Mr. Burrington Anthony, 
Mr. Holder Chace. 



Westerly. 
Joseph Noyes, Esq., 
Mr. Walter White. 

Neui Slioreham. 
None. 

North Kingstown. 
Mr. Stukely Westcott, 
Mr. John Allen. 

South Eingstotvn. 
Rowse J. Helme, Esq., 
Mr. Rowland Brown. 
East Greemvich. 
Archibald Crary, Esq., 
Benjamin Tillinghast, Esq. 

Jamestotvn. 
Mr. Benjamin Remington, 
Mr. John Weeden. 

Smithficld. 
Stephen Arnold, Esq., 
Elisha Mowry, Esq. 



1784.] 



AND PROVIDENCE PLANTATIONS. 



21 



ScHnate. 
Rufas Hopkins, Esq., 
William West, Esq. 
Gloucester. , 
Mr. Stephen Steere. 
Charlestoum, 
Joseph Stanton, Jr., Esq., 
Samuel Cross, Esq. 

West Greenwich', 
Jonathan Comstock, Esq., 
Samuel Hopkins, Jr., Esq. 

Coventry. 
John Eice, Esq. 

Exeter. 
Job Wilcox, Esq., 
Pardon Tillingliast, Esq. 

Middletotm. 
Mr. Benjamin Gardner, 
Mr. William Taggart, Jr. 

Bristol. 
William Bradford, Esq., 
Nathaniel Fales, Esq. 

Tiverton. 
Lemuel Bailey, Esq., 
Mr. Benjamin Howland. 

Idltle Compton. 
Mr. Daniel Wilbour, 
Mr. Joseph Giffard. ' 



Warren. 
Robert Carr, Esq. 

Cumberland. 
Nathaniel Shepardson, Esq. 

Richmond. 
Robert Stanton, Esq. 
Mr. Thomas James. 

Cranston. 
Mr. Matthew Manchester. 
Mr. William Field. 

HopMnton. 
Mr. Oliver Davis, 
Mr. John Brown. 
Johnstoti. 
Mr. Emor Olney, 
Mr. Edward Manton. 

North Providence. 
Esek Hopkins, Esq., 
Hope Angell, Esq. 

Barrington. 
Samuel Allen, Esq., 

• Foster. 
Mr. John Williams, 
William Tyler, Esq. 



The Hon. William Bradford, Esq., speaker, and Benjamin 
Bourne, Esq., clerk. 
Henry Ward, Esq., secretary. 
William Channing, Esq., attorney general. 
Joseph Clark, Esq., general treasurer. 



22 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

DELEGATES TO REPRESENT THE STATE IN CONGRESS. 

The Honorable William Ellery, Esq. 
The Honorable David Howell, Esq. 
The Honorable Henry Marchant, Esq. 
The Honorable John Brown, Esq. 

JUSTICES OF THE SUPERIOR COURT. 

Paul Mumford, Esq., chief; Peter Phillips, Esq., second ; 
Thomas Tillinghast, Esq., third ; Pardon Gray, Esq., fourth ; 
Jonathan Jenckes, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

William Richmond, Esq., chief; Christopher Ellery, Esq., 
second ; Timothy Waterhouse, Esq., third ; Thomas Shear- 
man, JEsq., fourth ; Henry Bliss, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE C0UNTY\ 

Richard Steere, Esq., chief; Jeremiah Whipple^ Esq., 
second ; Caleb Aldrich, Esq., third ; Caleb Fiske, Esq., fourth ; 
Caleb Harris, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Samuel Babcock, Esq., chief; Edward Perry, Esq., second ; 
Abel Tanner, Esq., third ; Robert Potter, Esq., fourth ; Syl- 
vester Gardner, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR BRISTOL COUNTY. 

John Child, Esq., chief; John Usher, Esq., second ; Wil- 
liam T. Miller, Esq., third ; Elkannah Humphrey, Esq., 
fourth ; Shearjashub Bourne, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Stephen Potter, Esq., chief; Charles Holden, Esq., second ; 
Rufus Spencer, Esq., third ; Thomas Gorton, Esq., fourth ; 
William Greene (son of Philip) Esq., fifth. 



1784.] AND PROVIDENCE PLANTATIONS. 23 

JUDGE CF THE COURT OP ADMIRALTY. 

John Foster, Esq., Judge of the maritime court erected 
for the trial of prize causes, within and throughout the 
state. 

SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Ephraim Bowen, Jr., Esq. 
Washington County — Beriah Brown^ Esq. 
Bristol County — Richard Smith, Esq. 
Kent County — Richard Fry, Esq. 

Thomas Rumreill, Esq., intendant of trade for the port of 
Newport. 

Henry Ward, Esq., intendant of trade for the port of 
Providence. 

Jonathan Russell, Esq., intendant of trade for the port of 
Bristol. 

Stephen Mumford, Esq., intendant of trade for the port 
of East Greenwich. 

FIELD OFFICERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

James Mitchel Varnura, Esq., major general of the militia 
of the state. 

Nathan Miller, Esq., brigadier general of the militia of the 
counties of Newport and Bristol. 

Christopher Lippitt, Esq., brigadier general of the militia 
of the county of Providence. 

Joseph Stanton, Jr., Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

Christopher Olney, Esq., lieutenant colonel commandant 
of the first regiment of militia in the county of Provi- 
dence. 



24 RECORDS OP THE STATE OP RHODE ISLAND [MaY, 

Jesse Maxson, Esq., lieutenant colonel commandant of 
the first regiment of militia in the county of Washington. 

Thomas Allen, Esq., lieutenant colonel commandant of 
the regiment of militia in the county of Bristol. 

Job Pearce, Esq., lieutenant colonel commandant of the 
first regiment of militia in the county of Kent. 

Lemuel Baley, Esq., lieutenant colonel commandant of 
the second regiment of militia in the county of Newport. 

Charles Dyre, Esq., lieutenant colonel commandant of the 
second regiment of militia in the county of Washington. 

Archibald Kasson, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Kent 

Stephen Kimball, Esq., lieutenant colonel commandant of 
the third regiment of militia in the county of Providence. 

Thomas Potter, Jr., Esq., lieutenant colonel commandant 
of the third regiment of militia in the county of Wash- 
ington. 

Stephen Winsor, Esq., lieutenant colonel commandant of 
the* fourth regiment of militia in the 'county of Provi- 
dence. 

John Whipple, Esq., major of the first regiment of militia 
in the county of Providence. 

George Dorrance, Jr., Esq., major of the third regiment 
of militia in the county of Providence. 

Samuel Mayes, Esq., major of the fourth regiment of 
militia in the county of Providence. 

John Gavet, Esq., major of the first regiment of militia 
in the county of Washington. 

Jonathan Bates, Esq., major of the second regiiHent of 
militia in the county of Washington. 

Curtis Cole, Esq,, major of the regiment of militia in the 
county of Bristol. 

Job Randall, Esq., major of the first regiment of militia 
in the county of Kent. 

Thomas Gorton, Esq., major of the second regiment of 
militia in the county of Kent. 



1784.] AND PROVIDENCE PLANTATIONS. 25 

William Southworth, Esq., major of the second regiment 
of militia in the county of Newport. 

Simeon Thayer, Esq., lieutenant colonel commandant of 
the senior class regiment of militia in the county of Provi- 
dence. 

Robert Carr, Esq., major of the senior class regiment of 
militia in the county of Bristol. 

Archibald Crary, Esq., adjutant general of the militia in 
this state. 

Ephraim Bowen, Jr., Esq., quartermaster general of the 
militia in this state. 

Charles Holden, Jr., Esq., commissary general of the 
militia in this state. 

Isaac Senter, Esq., physician and purveyor general of the 
militia in this state. 



Officers to eommand the several Companies in the respective Regi- 
ments of the Militia in the Siate. 

Providence. Senior class company — Benjamin Hoppin, 
captain ; Samuel Black, lieutenant ; Gabriel Allen, ensign. 

First company — ^Joseph Allen, captain; Isaac Bowen, 
lieutenant : Jeremiah Jenckes, ensign. 

Second company — Grindal Reynolds, captain ; Robert 
Taylor, Jr., lieutenant; John Young, ensign. 

Third company — Benj. Wheaton, captain ; Seth Wheaton. 
lieutenant ; Simeon H. Olney, ensign. 

Fourth company — Joseph Snow, Jr., captain ; Lemuel 
Field, lieutenant ; James Snow, Jr., ensign. 

Cranston. Senior class company — John Burton, Jr., cap- 
tain; William Burton, lieutenant; Elisha Carpenter, ensign. 

First company — Oliver Roberts, captain ; Nathan Sals- 
bury, lieutenant ; Peter Stone, Jr., ensign. 

Second company — Frederick Williams, captain ; Nathan- 
iel Carpenter, lieutenant ; John Harris, ensign. 



26 RECORDS OF THE STATE OP RHODE ISLAND [MaY, 

Third company — Nehemiah Burlingame, captain ; Pardon 
Burlingame, lieutenant ; Gideon Manchester, ensign. 

Senior class company in Johnston and North Providence — 
Israel Angell, captain ; John Violl, lieutenant ; Christopher 
Whipple, ensign. 

Johnston. Second company — Ezekiel Olney, captain ; 
Jonathan Patt, lieutenant ; Rufus Hawkins, Jr., ensign. 

North Providence company^ — Thomas Olney, Jr., captain ; 
Ethan Whipple, lieutenant; Ezekiel Whipple, ensign. 

Westerl3^ Senior class company — Peleg Berry, captain ; 
Stephen Saunders, lieutenant ; Nathaniel Lewis, ensign. 

First company — Oliver Lewis, captain ; Thomas Brandy 
lieutenant; Nathan Pendleton, ensign. 

Second company — William Bliven, captain ; Joseph Peck- 
ham, lieutenant ; Edward Ross, ensign. 

Third company — George Stillman, captain ; Asa Maxson, 
lieutenant ; Samuel Clarke, ensign. 

Fourth company^— Walter White, captain ; Charles Saun- 
ders, lieutenant ; Henry Crandall, ensign. 

Charlestown. Senior class company — Joseph Wilcox, 
captain; Samuel Thompson, lieutenant; Charles Church, 
ensign. 

Second company — Beriah Lewis, captain ; Peleg Cross, 
lieutenant; William Kinyon, ensign. 

Hopkinton. Senior class company — EInathan Wells, cap- 
tain Elias Coone, lieutenant; Jesse Burdick, ensign. 

First company — Henry Wells, captain ; Sylvanus Maxson, 
lieutenant ; Thomas Wells, Jr., ensign. 

Second company — Randall Wells, captain ; Clarke Max- 
son, lieutenant : Jeflery Champlin, ensign. 

Third company — Zaccheus Maxson, captain ; Moses Bar- 
ber, lieutenant ; George Maxson, ensign. 

Fourth company — Ichabod Paddock, captain ; Caleb 
Church, lieutenant ; Joshua Tanner, ensign. 

Bristol. Senior class company — ^Benjamin Bosworth, cap- 
tain ; Shubael Kinnicut, lieutenant; Daniel Kinnicut, ensign. 



1784.] AND PROVIDENCE PLANTATIONS. 27 

Warren. First company — Thomas Easterbrooks, captain ; 
Barnabas Luther, lieutenant ; Allen Cole, ensign. 

Second company — David Barton, captain ; Ichabod Cole, 
lieutenant; Edward Mason, ensign. 

Barrington company — Joh,n Short, Jr., captain ; George 
Salsbury, lieutenant ; Abel Grant, ensign. 

Senior class company in Warwick and East Greenwich — 
Robert Khodes, captain ; Hopkins Cooke, lieutenant ; Philip 
Wightman, ensign. 

Warwick. First company — James Arnold. Jr., captain ; 
Adam Lockwood, lieutenant ; Job Whipple, ensign. 

Second company — John Stafford, captain ; Benjamin Rem- 
ington, lieutenant ; Nathan Arnold, ensign. 

Third company — Thomas Rice, captain ; Anthony Holden, 
lieutenant; Robert Edmonds, ensign. 

East Greenwich. First companj' — Micah Whitmarsh, cap- 
tain ; Edward Weeden, lieutenant ; John Hall, ensign. 

Second company — Allen Johnson, captain ; Mumford 
Davis, lieutenant ; Josiah Jones, Jr., ensign. 

Tiverton. First company — Joseph Baley, captain ; San- 
ford Almyj lieutenant ; William Sanford, Jr., ensign. 

Second company — Benjamin Howland, captain ; Benja< 
min Devol, lieutenant ; EHhu Giffard, ensign. 

Third company — Humphry Shearman, captain ; Edward 
Baley, lieutenant ; Peleg Sanford, ensign. 

Little Compton. First company — Benjamin Coe, cap- 
tain ; Isaac Wood, lieutenant ; John Baley, ensign. 

Second company — Rowse Peirce, captain ; John Pierce, 
lieutenant ; Zebedee Manchester, ensign. 

Smithfield. Senior class company — Job Mowry, captain ; 
George Streeter, lieutenant ; Abraham Winsor, Jr., ensign. 

Second company — Ebenezer Tra«k, captain ; Joel Aldrich, 
lieutenant ; Samuel Aldrich, (5th) ensign. 

North Kingstown. Senior class company — Samuel Phil- 
lips, Sr., captain; Samuel Northup, lieutenant; Thomas 
Bissell, ensign. 



28 RECORDS OF THE STATE OF RHODE ISLAND [MaT, 

First company — Samuel Dyre, captain ; William Davis, 
lieutenant ; Stukely Hill, ensign. 

Second company — John Brown, Jr., captain. 

Third company — Henry North up, captain ; Hutchinson 
Cole, lieutenant ; Samuel AUep, ensign. 

Fourth company — Nathaniel Shearman, captain; John 
Havens, lieutenant ; John Shearman, ensign. 

Exeter. Senior class company — David Herrenden, cap- 
tain ; Samuel Bissell, lieutenant ; Oliver Spink, ensign. 

First company — ^James Gardner, captain ; Philip Tilling- 
hast, lieutenant ; Noah Wilcox, ensign. 

Second company — Samuel Gorton, captain ; Robert Per- 
rigo, lieutenant ; Benjamin Brown, ensign. 

West Greenwich. Senior class company — Joseph Hop- 
kins, Jr., captain; Benjamin Johnson, lieutenant; Caleb 
Greene, ensign. 

First company — Samuel Hopkins, Jr., captain ; Joseph 
Niles, lieutenant ] Joseph Deliver, ensign. 

Second company — Caleb Greene, captain ; Joseph Weaver, 
lieutenant ; Peleg Sweet, ensign. 

Third company — Joseph Draper, captain ; Joseph Weaver, 
lieutenant ; Peleg Sweet, ensign. 

Coventry. Senior class company — Abel Bennet, captain ; 
Job Greene, lieutenant ; Joseph Manchester, ensign. 

Second company — William Roy, captain ; Lory Jenckes, 
lieutenant ; Oliver Wickes, ensign. 

Third company — Langford Weaver, captain; Samuel 
Greene, Lieutenant; William Stone (3d), ensign. 

Fourth company — Asaph Bennet, captain ; Joseph Rice, 
lieutenant ; Samuel Gibbs, ensign. 

Foster. First company — Simeon Herrenden, captain ; 
Isaac Blanchard, lieutenant ; John Perkins, ensign. 

Second company — Isaac Paine, captain ; John Cole, lieu- 
tenant ; Richard Cole, ensign. 

Third company — William Howard, captain ; James Wells, 
lieutenant ; Samuel Perkins, Jr., ensign. 



\ 



1784.] AND PROVIDENCE PLANTATIONS. 29 

Fourth company — Cbristopher Colwell, captain; Squire 
Bucklin, Jr., lieutenant ; John Round, Jr., ensign. 

South Kingatown. Senior class company — William Tay- 
lor, captain; Gardner W. Mumford, lieutenant; James Cot- 
terell, ensign. 

First company — Timothy Lock, Jr., captain ; Daniel Teiil, 
Heutenant ; William Stedman, ensign. 

Second company — Paris Gardner, captain ; Elisha Potter, 
lieutenant ; Timothy Peckliam, ensign. 

Third company — Godfrey Hazard, captain ; Thos. Champ- 
lin, lieutenant ; Joseph Hall, Jr., ensign. 

Fourth Company — Daniel Shearman, captain ; Jeremiah 
Knowles, lieutenant ; John Gardner, Jr., ensign. 

Richmond. Senior class company — John Woodmansie, 
Jr., captain ; Smiting Potter, lieutenant ; Christopher Clarke, 
ensign. * 

First company — ^Asa Clarke, captain ; Daniel Potter, lieu- 
tenant ; Ezekiel Barber, ensign. 

Second company — Samuel Stanton, captain ; Thomas W. 
Kinyon, lieutenant ; Thomas Potter, ensign. 

Glocester. Senior class company — Benajah Whipple, 
captain ; Ezekiel Phettiplace, lieutenant ; Edward Salsbury, 
ensign. 

First company — Henry Wheeler, captain ; Simeon Boweii, 
lieutenant ; Jeremiah Phillips, Jr., ensign. 

Second company — Arnold Smith, captain; Abner Chillson, 
lieutenant; Israel Cooke, ensign. 

Third . company — Nathaniel Wade, captain; John Pray, 
lieutenant ; Esek Brown, ensign.* ^ 

Fourth company — Isaac Ross, captain; Jeremiah Irons, 
lieutenant ; Seth Ross, ensign. 



30 RECORDS OF THE STATE OF RHODE ISLAND [MaV, 

An Act to incorporate the town of Newport into a city. 

Whereas, it is indispensably necessary that many regulations should be made for 
the preservation of tlve peace and good order of the town of Newport, and for pro- 
moting the interest and prosperity thereof; and whereas, under tlic present- govern- 
ment of the said town, it hath been found impracticable to devise, consider, deliberate, 
and determine upon all such laws and regulations as the emergencies of the said town 
may, from time to time, require : 

Be it therefore enacted by this General Assembly, and by the authority thereof it 
is enacted, that from and after the first Tuesday of June next, the freemen of the town 
of Newport, and residing in the said town, shall be deemed, and they are, hereby 
constituted and declared to be a body politic and corporate, in fact and name. And 
the said town shall forever thereafter be called and known by the name of the city 
of Newport ; and shall be divided into the following wards, to wit : 

First. That part of the said town of Newport to the southward of the lane or street 
called Carr's lane, extending from the lower market house to the beach. 

Second. From the south side of said lane or street to the street and highway 
extending from the brick market house eastward by the Synagogue to Easton's g^te, 
including the said lane and highway, and the houses, buildings, and lots adjoining the 
same. , 

Third. That part of the said town to the northward and eastward of the Second 
ward, and to the eastward of that part of Thames street extending north of the brick 
market house and of the lane leading by the alms house. 

Fourth. That part of the said town to the westward of the Third ward, including 
the hpuses and lots on the west side of Thames street, and on the Long wharf. 

Provided, nevertheless, and it is further enacted, that the city council, hereaAer 
to be appointed, be, and they are, hereby fully empowered to make any such altera- 
tions in the boundaries and limits of the faid wards as they shall think proper, and 
most for the advantage and convenience of the said city. 

And be it further enacted, that on the first Tuesday in June tiext, and on every first 
Tuesday in June hereafter, the freemen of the said city, in legal meeting assembled, 
shall, out of the freemen of the said city, choose a mayor, four aldermen, six common 
council men, and a city clerk. And, in case of the death or resignation of the mayor, 
aldermen, common council men, or city clerk, who shall be chosen, or any of them 
who shall be hereafter chosen into their places, or any of them, a meeting of the said 
city shall be held, at such time and place as the by-laws of the said city shall direct, 
for filling up such vacancy. 

And be it further enacted, that the mayor, as often as occasion shall require, shall 
summon the aldermen and common council of the said city, to meet together in city 
council, any six of whom (two at least to be aldermen) to be a quorum, who, with 
the mayor, shall be known by the name of, and they are, hereby declared the city 
council of Newport. And they and their successors, to be hereafter appointed, shall 
liave a common seal, to be devised and ordered by the said city council, and shall be 
capable in law to purchase, have, hold, enjoy, possess and receive, to them and their 
successors, for the use of the said city of Newport, in perpetuity*, or for any term of 
years, any estates, real or persomU, lands, tenements or hereditaments, of what kind 
or nature soever, within the limits of the said city ; and to sell, aliene, exchange or 
lease the same, or any part thereof, as they shall fhink proper, for the benefit and 
advantage of the said city. And that the lands and buildings, now belonging to the 
said town, be vested in tlie said city council, and their successors, for the use and 
advantage of Uie said city, to be leased, sold, improved, or otherwise disposed of, as 
to the said city council shall appear most conducive to the use and advantage of the 



1784.] AND PROVIDENCE PLANTATIONS. 31 

aJd city, and' the inhabitants thereof: Provided, that do sale be made of any real 
estate belonging to the said eitj, unless nine of the members who compose the said 
titj council shall assent to the same. 

And be it farther enacted, that the said city council be vested with full power and 

authority, from time to time, and under the common seal, to make and establish such 

by-lavs, rales and ordinances, relative to the manner of warning the meeting of the 

said city for the choice of general officers, and deputies to represent the said city in 

General Assembly, at the times prefixed by law ; and of such city officers as are to be 

elected by the said city, relative to the qualifications, in point of property, of the 

mayor, aldermen, and common council men, the markets and commerce, the harbor, 

public docks, commons, streets, lanes, highways, and nuisances, within the said city, 

the public buildings, alms house and work house, belonging to the said city ; relative 

to the care of the poor, the assessment and collection of taxes, fire engines, fire hooks 

and buckets, a city watch, the regulation of seamen, disorderly persons, and negroes ; 

and. In general, by-laws that shall appear to them necessary and requisite for the 

security, welfare, and convenience of the said city, and for preserving peace, order, 

and good government within the same. And the city council shall also be vested 

^vrith full power to make and order such taxes, from time to time, on the inhabitants 

of the said city of Newport, or those who hold taxable property within the same, for 

the payment of the debts now due from the said town, or that may at any time 

become due, and for the safety, convenience, benefit and advantage of the said city, 

aa shall appear to them expedient; and to affix fines for all offences committed 

apunst the by-laws of the said city. And they are also hereby authorized to appoint 

a recorder, treasurer, clerk, one or more wardens in each ward, a coroner, overseers 

of the poor, assessors, and collectors of rates and taxes, a vendue master or vendue 

masters, constables, and all such other officers as shall appear to them requisite and 

necessary, for carrying into effectual execution the laws of this state relative to tho 

said town, and all the by-laws, rules and ordinances they may make, for the good 

order and government of the said city, and the persons residing within the same. 

I^rovided, nevertheless, that nothing herein contained shall authorize the said city 
council to make any by-laws repugnant to the laws of the state, or inconsistent with 
treaties made with foreign nations. 

And be it farther enacted, that the said city council shall appoint one or more per- 
son or persons, as shall be thought expedient, who shall have the same powers ibr the 
probate of wills, and granting letters of administration, as the town councils within 
this state have, and also of appointing guardians in all cases, where, by the laws of 
this state, town councils are empowered to appoint the same; with all such other 
powers as are by law vested in the town councils, and not herein otherwise delegated 
or appointed. 

And be it further enacted, that the said city council shall and may affix and order 
such perquisites or salary to the mayor of the said city, as from the nature and 
expense of his office may to them appear requisite and necessary ; and also to assign 
sach fees and perquisites to the respective officers that may be chosen or appointed. 

And be it further enacted, that the said aldermen shall each of them have full 
power and authority to keep peace and good order in the said city, to issue warrants, 
and caase all offenders against law to be brought before them ; and upon examination 
either to release, admit to bail, if the offence be bailable, or commit to the custody of 
the sheriff of the county of Newport, who is hereby required and commanded to 
receive and keep in safe custody such offender or offenders, until discharged by a due 
coarse of law. 

And be it farther enacted, that there shall be holden monthly, on the first Monday 
in every month, in the said city, and at such other times as the mayor shall appoint. 



32 RECORDS OF THE STATE OF RHODE ISLAND [MaT^ 

a citj court, composed of the mayor and aldermen ; that the mayor shall be chief 
judge thereof) and with any two of the aldermen make a quorum ; or in case of the 
sickness or absence of the mayor, that any three of the aldermen shall compose the 
said court, in which the senior alderman present shall preside : which court shall have 
cognizance of all offences committed in the city against the by-laws thereof, and shall 
levy the fines and forfeitures incurred by the breach of the same, or any law of this 
state relating to the said city ; and shall also have cognizance of all breaches of the 
peace, to affix and levy fines upon the offenders ; and shall have fViU power to commit 
to the common prison all or any persons for contempt of said court, or for breaches of 
said laws, or in de&ult of complying with the judgment and sentence of the said 
court ; and the sheriff, or keeper of said prison, is hereby directed to receive the 
same. 

And be it further enacted,, that in case of any tumult or riot, or appearance or proba- 
bility ot tumult or riot in the said city, the mayor shall immediately summon together 
the city council, and order the wardens, the sheriff of the county of Newport, and his 
deputies, the constables, and other city officers, to attend the (^ity council ; and such 
measures shall be thereupon taken as shall appear most advisable for preventing or 
suppressing such riot or tumult. And if the sheriff, his deputy, or any city officer, 
shall neglect or reftise to obey the order for attendance from the mayor, he shall 
forfeit a sum not exceeding twenty pounds. And if any inhabitant shall refuse to 
obey the orders of the mayor for suppressing any riot or tumult, he shall forfeit a sum 
not exceeding ten pounds for every such refusal, to bo affixed and levied by the said 
city court as aforesaid. And all fines and forfeitures for offences committed within 
the said city, against any of the by-laws of the same, shall be lodged with the city 
treasurer, to be at the disposal of the city council, for the use and advantage of the 
said city. 

And be it further enacted, that the city treasurer be capable to sue and be sued, 
implead and be impleaded, answer and be answered unto, in any court of law within 
this state, in the same manner as town treasurers are by law liable. 

And be it further enacted, that the wardens for the time being shall be vested with 
all the powers and authorities that justices of the pence are vested with, by the laws 
of this state; and shall and may exercise the same in any parts of the city, in 
matters civil and criminal, and for the preservation of the peace and good order of 
the said city ; that the judgment of the warden in civil matters be final ; and that 
an appeal be granted in criminal matters to the city council, whose judgment shall be 
final ; which appeals shall be under the same regulations as appeals from the court of 
justices to the court of general sessions of the peace are by law at present. And the 
city clerk shall have and exercise the same powers, within the said city, as town clerks 
now have, relating to the registering of deeds, marriages, and births, and receiving 
attachments of real estate ; and in general such powers as town clerks have and 
exercise within this state, and not altered or restricted in this act. And the said city 
clerk shall have the care and keeping of the records of the said town, belonging to 
the office of the town clerk of the said town. And the certificates of the said city 
clerk shall have the same force and validity in law as those of town clerks within this 
State. 

And be it f\irther enacted, that the mayor, aldermen, common council men, and all 
other city officers, shall, before undertaking the execution of their respective offices, 
take the oath or affirmation of fidelity to this state, as by law prescribed, and for the 
faithful discharge of their several offices and places ; that the following be the form of 
the oath or affirmation of office, to wit : 




I 



1784.] AND PROVIDENCE PLANTATIONS. 33 

" Yoa. A B, do solemnlj swear (or affirm) that you will faithfully discharge the 
office of to which you are elected, to the best of your knowledge and 

ability. So help you God (or this engagement you make upon the peril of the penalty 
of perjury.") 

And that the said oath or affimation shall be administered to the mayor and alder- 
men by either of the assistants of this state, or justices of the inferior court of com- 
mon pleas for the county of Newport ; and to the commpn council men and other 
dty officers, by the mayor, or either of the aldermen, who are hereby empowered to 
administer the same. 

And be it farther enacted, that the town clerk of the town of Newport^ under the 
direction of the town council of the said town, issue his warrant for convening the 
freemen of the said town to meet in city meeting on the first Tuesday of June 
next; and that the freemen who shall meet on the said day choose a moderator, and 
thereupon elect a mayor, aldermen, common council men, and dty clerk, who, upon 
their taking the oath or affirmation prescribed, shall be iivvested with all the powers 
granted in this act 

And be it further enacted, that if any person shall be sued for any thing done by 
▼irtne of this act, he may plead the general issue, and give this act and the special 
matters in evidence. And this act shall, to all intents and purposes, be a public act, 
and take place and effect immediately upon the rising of this General Assembly. 

It is voted and resolved, that John Handy, Esq., be, and 
he is, hereby appointed auditor of accounts for this state. 

Whereas, Messrs. George Buckinaster, John Landers, 
Billings Coggeshall, Samuel Vinson, James Cahoone, and 
Nathan Hammett, a committee of the First Congregational 
Society in the town of Newport, under the pastoral care of 
the Rev. Samuel Hopkins, preferred a petition in behalf of 
the said society, and represented unto this Assembly, that 
they were possessed of two dwelling houses, which the 
British troops totally destroyed while they remained at 
Newport, who also greatly injured the meeting house, and 
carried off the bell belonging to the same ; and that the 
members of said society have suffered so much in their cir- 
cumstances, that they are unable to purchase or build a 
parsonage house, or to repair their meeting house; and 
thereupon they prayed this Assembly to grant them a lot- 
tery, for raising the sum of twelve hundred silver dollars, 
for repairing the said meeting house, purchasing a parsonage 
house, and a bell; and that Messrs. Christopher Ellery,' 
Ebenezer Burrill, John Anthony, Samuel Thurston, Samuel 
Sanford, William Ellery, Jr., and Nathan Hammett may be 
appointed the managers thereof: 

YQL, X. 6 



34 RECORDS OP THE STATE OF RHODE ISLAND [MaT,' 

And the said petition being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
granted; and that the said Christopher EUery, Ebenezer 
Burrill, John Anthony, Samuel Thurston, Samuel Sanford, 
William EUery, Jr., and Nathan Hammett, be, and they are, 
hereby appointed directors of the said lottery, they giving 
bond for the faithful performance of their trust, to the gen- 
eral treasurer, in double the sura for which the tickets of 
the said lottery shall sell : provided, nevertheless, that no 
expense accrue thereon to the state. 

It is voted and resolved, that Joseph Nightingale, Esq., 
be, and he is, hereby appointed one of the committee, in 
the room of John Brown, Esq., who is absent, to agree with 
Mr. William Martin, keeper of the light-house, on the terms 
on which he shall keep the same. 

Whereas, divers persons, freemen and inhabitants of this 
state, preferred a petition unto this Assembly, representing 
that, by means of dams, weirs, and drawing seines, on divers 
parts of Pawtuxet river and its branches, the alewives are 
totally prevented from passing into the ponds where they 
used to spawn, which is greatly injurious to the poor and 
middling sort of people ; and thereupon prayed this Assem- 
bly to cause a revision of the laws respecting the fishery 
on the said river to be made, so that the aforesaid evil may 
be remedied ; which being duly considered, — 

It is voted and resolved, that the petitioners cause all 
persons who are proprietors of dams on the said river, or 
otherwise concerned, to be notified, by advertisements ia 
the Providence newspapers, to appear at the next session 
of this Assembly, if they think fit, and show cause, if any 
they have, why a revision of the said laws should not 
take place, agreeable to the said petition : provided, that no 
expense accrue to the state. 

Whereas, Mr, Richard Gardner, collector of two taxes for 
the town of South Kingstown, preferred a petition unto 
this Assembly, representing that he and his bondsmen have 



1784.] AND PROVIDENCE PLANTATIONS, 35 

been lately sued to a special court for the deficiency of the 
said taxes, which he is unable to collect, owing to the great 
scarcity of money in the said town, and the inability of the 
delinquent individuals to pay, without taking their stock, 
and that the same would scarcely amount to a sufficiency 
to discharge their taxes ; and thereupon prayed this Assem- 
bly to order the execution against him and his bondsmen 
to be returned unsatisfied for what remains y^t due, and 
allow him a further time to collect and pay the same into 
the general treasury, with the interest that is due or may 
arise thereon : which being duly considered,— 

It is voted and resolved, that the said execution be stayed 
for two months ; which time is hereby allowed to the said 
Richard Gardner to collect the said taxes, and pay the 
same into the general treasury : and that in case the said 
Richard Gardner shall neglect to pay the same as aforesaid, 
the sheriflF be, and he is, hereby directed, after the expira- 
tion of the said time, forthwith to proceed with the said 
execution, and collect the said monies from the said Richard 
Gardner, and his bondsmen. 

Whereas, Esek Hopkins and Benjamin Bourne, Esqs., 
presented unto this Assembly the following report, to wit : 



Report of the Committee appointed bt/ the Getm-al AssembUf 
relative to allotvances to the iitaff Officers of this State. 

We, the snbscribers, pursuant to our appointment for the adjustment of the accounts 

of the staff officers late of the Continental army, belonging to the line of this state 

do report, that we have carefull j examined their respective accounts, and compared 

the same with the vouchers, &nd find the following sums due to the said oflicers> 

respectively, to wit : 

£ 8, d. 

To the legal representatives of the late Migor Ebenezer Flagg, the sum of. . 65 6 9 

To Capt. Thomas Cole, the sum of 114 18 4| 

To Major John Holden 28 8 1 

To Capt. Daniel S. Dexter 67 6 

To Lieut. John Cooke 94 18 51 

To Capt. William Tew 112 16 1 

To Capt. Thomas Hughes 208 15 1^ 

To Capt. David Sayles 84 8 04 



36 RECORDS OF TH£ STATE OF RHODE ISLAND [MaY, 

£ s. d. 

To Mr. John Rogers 37 4 

To Major William Alien 65 7 6 

To Major John S. Dexter 150 8 114 

Lawful money, in full for the depreciation on their additional pay as staff offioera^ 
firom the times of their respective appointments to the Ist day of August, A. D. 1780. 

ESEK HOPKINS. 
BENJAMIN BOURNE, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; that the general treasurer be, and he is, hereby 
directed to give severally unto the said officers, or their 
legal representatives, his promissory notes for the sums 
above mentioned, in full for their several balances, agreea- 
ble to the aforesaid report ; and that the said notes be pay- 
able on demand, with interest at six per cent, per annum, 
from the first day of August, A. D. 1780, being the time 
when the said balances became due. 

Whereas, Thomas G. Hazard and William Channing, 
Esqs., presented unto this Assembly the following report, 
to wit : 

Report of the Committee appointed hy the General Assembfy 
relative to tJie divimm of tlie Bannister loty in Newport. 

The subscribers, having been appointed by the Honorable the General Assembly, 
at their session in February last, a committee to make partition of a certain lot of 
land, situate in Newport, containing nine acres and one quarter of an acre and thirty 
rods, as appears by the annexed plat, and to set off and assign the one half part thereof 
to Mr. John Bannister, and the other ha,lf part thereof to the officers and soldiers of 
the regiment late commanded by Col. Israel Angell, the said lot being the lot called 
the Mill lot in the last will and testament of John Bannister, deceased, and by him 
therein devised to the said John Bannister and Thomas Bannister, equally to bo 
divided between them : we, the said committee, having employed Mr. John Gould, 
surveyor, to make the said plat, have agreed, and do hereby, in pursuance of our 
appointment, make partition of the said lot as followeth, to wit : 

That part of the said lot which is to the westward of the meeting house, and the 
fence extending from the southeast comer of the meeting house to the northeast 
comer of the lot late Isaac Stelle's, we have divided into four lots ; that part thereof 
fronting Spring street, bounded west by the said street, north by a lane running 
easterly from the southwest comer of the said John Bannister's house and lot, and 
parallel therewith to the said fence, and east by the other part of the said Mill lot, and 
south by the said lot of Isaac Stelle, we have divided into two equal parts, by a line 



1784,] AND PBOYIDENCE PLANTATIONS. 37 

through tlie same, ninning Irom said Spring street to the said fence ; the northerly 

half part thereof we assign and set off to the said John Bannister, and the other part 

thereof to the said officers and soldiers ; the other part of the said lot, to the westward 

«f said meeting hoase, and the said fence, not included within the former bounds, we 

hare also dlTided into two lots, or two equal parts, hy a line from Mill street, and 

exlesding to the north line of the first described and bounded lot ; the westerly part 

thereof we assign and set off to the said John Bannister, and the other part thereof to 

the said officers and soldiers ; that part of the said Mill lot to the eastward of the said 

needng house and fence we have divided into two equal parts, by a line through the 

same, firom Mill street to the south boundary of the same ; the westerly part thereof 

we do assign and set off unto the said John Bannister, and the easterly part thereof 

to the said officers and soldiers. 

And the said committee hare requested the said John Gould to run the said lines, 

and lo minute them on the said plat accordingly. 

THOMAS G. HAZARD, 

WILLIAM CHANNING, 

Committee. 
Newport, April 14, A. D. 17d4. 

And the said report being duly considered,— 
It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the general treasurer make and execute 
a deed, to the officers of Col. Israel AngelPs regiment, of 
that part of the before described lot assigned to the said 
4)fficers and soldiers in the said report ; reserving a way of 
ten feet in the lot assigned the said officers and soldiers, to 
the westward of the meeting house lot, for the passing 
with a corps, and repassing the same, to and from the bury- 
ing ground within the said lot. 

Whereas, Esek B[opkins and Jeremiah Olney, Esqs., pre- 
sented unto this Assembly the following report, to wit : 

Report of the Committee appointed hy the General, Assembly 
relative to wages due to the nine months men. 

The subscribers, sgreeable to their appointment at February session last, for the 
purpose of ascertaining the amount of the certificates given to the men raised to serve 
nine months in this state's Continental battalion, in the campaign of the year 1782, 
do report, that there haye been two hundred and four certificates given to the soldiers 
for the time they respectively served ; one hundred and fourteen of which have been 
brought in and registered, agreeable to the list herewith exhibited, amounting to the 
sum of one thousand eight hundred and sixty -four pounds ten shillings and fivepence; 
and that the remaining ninety certificates, given in favor of the soldiers whose names 
are inserted in the aforesaid list, remain yet to be examined, which will amount to 
the sum of one thousand four hundred and seventy-one pounds ten shillings (or there- 



38 RECORDS OF THE STATE OF RHODE ISLAND [MaY^ 

abouts), making in the whole three thousand three hundred and thirty-six pounds and 

fivepence, lawful money, from which there will be a deduction for a quantity of shoes 

supplied the men more than was allowed them, and is particularly inserted in the 

certificates, but the price is left blank ; and it may now be proper for the Assembly* to 

fix the same. Such certificates as exceed the sum of eighteen pounds were given in 

* favor of those men that re-enlisted to serve three years ; bat as the bounty of one 

hundred dollars was not paid according to contract, they were, at their own request, 

discharged on the first day of March, A. D. 1788. 

All which is submitted by ESEK HOPKINSr 

JEREMIAH OLNEY, 

Committee. 
Providence, May 1, A. D. 1784. 

And the said report being dufy considered,—^ 

It is voted and resolved, that the same be, and hereby is, 
received, and referred to the next session; and that the 
sum of six shillings per pair be allowed for the shoes men- 
tioned in the said report. 

It is voted and resolved, that William Emmerson, Plato 
Wheeler, George Townsend, and Levi Cesar be by the gen- 
eral treasurer enrolled on the list of invalids ; and that they 
receive their pay quarterly as other invalids. 

In council was read the return of the officers to command 
the united company of artillery in the town of Providence, 
and the following gentlemen, who were elected by the said 
company, were approved, to wit': Daniel Tillinghast, Esq^ 
colonel ; Levi Hall, Esq., lieut. colonel ; Robert Taylor, Esq., 
major ; Gershom Jones, captain ; and Isaac Barker, lieuten- 
ant fire-worker. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to suspend the issuing executions 
against the treasurers of the several towns which are delin- 
quent in paying the last state tax, for the space of one 
month from the rising of this Assembly ; and that he be, 
and is, hereby directed, at the expiration of that. time, to 
issue his executions against the treasurers of the several 
towns which shall be deficient, returnable in twenty days. 

It is further voted and resolved, that the resolution of 
this Assembly, which passed at the last session, directing 
that an interest of twelve per cent, should be paid by the 



1784.] AND PROVIDENCB PLANTATIONS. 39 

several towns on the sums deficient on the said tax, on 
the first day of this instant, be, and the same is, hereby 
repealed. . 

It is voted and resolved, that the office of the general 
treasurer of this state be, and the same is, hereby ordered 
and directed to be removed from the town of Providence 
to the city of Newport, within two months from the rising 
of this General Assembly, there to be kept : and the keeper 
of the said general treasury is hereby ordered and directed 
to remove the same accordingly. 

Prated against the Removal of the General Treasurer's Office to 

Neivpoii, 

TVe, the underwritten, members of the lower House of Assembly, beg leare to dis- 
»oiit from the foreKoing resolution for the removal of the office of the general treas- 
urer to Newport, and most solemnly to protest against the same : 

Because, that the freemen of the state, in giving their suffrages for a particular 
candidate, whose place of residence is known, must be presumed to have in contem- 
plation the place where the office shall be kept, as well as the person who shall sus- 
tain that office. We conceive, therefore, that it is entirely unconstitutional, and a 
gross violation of the rights, privileges, and declared sense of the freemen of this 
state, for the legislature to remove a public office, the appointment to which is, Arom 
the original institution of this government, in the freemen at large ; that even if the 
legislature are constitutionally vested with power of removing a general office, which 
we most strenuously deny, the exercise of that power, in the present instance, we 
deem to be highly improper, impolitic, and inconvenient, the town of Newport being 
frequently inaccessible to most of the citizens of the state, and at all times, from its 
insular situation, more inconvenient and difficult of access than any town oji the main ; 
that it is utterly unprecedented in the history of the state, either during its existence 
as a colony, or in its present independent form of government, to remove a general 
officer chosen by the people at large, unless in case of urgent necessity, when the 
papers, records, Ac, of the office were in imminent danger of falling into the hands 
of an enemy ; and it is notorious that no such necessity can be pretended to exist 
at present. 

JOSEPH NIGHTINGALE, PAUL ALLEN, 

EBENEZER THOMPSON, WILLIAM FIELD, 

RUFUS HOPKINS, STEPHEN STEERE, 

STEPHEN ARNOLD, Jr., NATHANIEL SHEPARDSON, 

EDWARD MANTON, EMOR OLNEY, 

ELISHA MOWRY, Jb., JOHN WILLIAMS, 

JOHN WARNER, THOMAS REMINGTON, 

BENJAMIN ARNOLD, Jr., DAVID WIGHTMAN, 

MATTHEW MANCHESTER, WILLLAM WEST, 



40 RECORDS OF THE STATE OF RHODE ISLAND [MAr, 

Whereas, the committee appointed to adjust the claims 
against the estates of the absentees, have reported^ that the 
claims exhibited against the estates of John Andrews^ 
Jahleel Brenton, Richard Beale^ Walter Chaloner, Edward 
Cole, James Clarke, cordwainer, Moses Hart, John NicoU, 
Edward Thurston, Ackurs Sisson, and James Brenton, ex- 
ceeded the ^value of their respective estates^ which have 
been confiscated, and as the said accounts are not yet ad- 
justed, the creditors are prevented from obtaining their 
demands against the same : and whereas, there are debts 
due to the said persons respectively, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is enacted, that the said John 
Andrews, Jahleel Brenton, Richard Beale, Walter Chaloner, 
Edward Cole, James Clarke, Moses Hart, Ackurs Sisson, and 
James Brenton, and the representatives of Edward Thurs- 
ton and John Nicoll, be capable to siie and be sued ; and 
that the estates of the said persons respectively be liable to 
the payment of their debts, in the same manner as if the 
same had not been confiscated; any law to the contrary 
notwithstand ing. 

It is voted and resolved, that Henry Sherburne, Esq^ be, 
and he is, hereby appointed to assist the secretary in pre- 
paring the acts and orders of the General Assembly for the 
press ; and that he be empowered to hire a suitable room 
at Providence for his accommodation, at the expense of the 
state. 

It is voted and resolved, that Joseph Clarke^ Esq^ general 
treasurer, be, and he is, hereby directed to exhibit to this 
Assembly, at the next session, a particular statement of the 
debt of this state ; and that he also exhibit at the same 
time an account of the persons who have received public 
securities from him, and, as far as may be in his power^ the 
names of the individual inhabitants of this state who are 
now possessed of public securities issued by him, either as 



1784.] AND PROVIDENCE PLANTATIONS. 41 

general treasurer or keeper of the loan-office, with their 
amount and dates, and the. places of their abode. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby re- 
ferred to the next session ; that the secretary publish the 
acts and orders now made and passed by beat of drum, in 
the town of Providence, within ten days after the rising of 
this Assembly, and within thirty send copies thereof to the 
sheriffs of the several counties in the state, by them to be 
transmitted to each town clerk in their respective counties; 
and that this' Assembly be, and hereby is, adjourned to the 
fourth Monday in June next, then to convene at the state 
house in Newport 

God save the United States of America. 



Proceedings of the General Assembb/ of the State of Rhode 
Island and Providence Plantations^ at Newport^ on the fourth 
Mofnday in June^ 1784. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

Upon the resolution of Congress, of February the eleventh, 
A, D. 1784,— 

It is voted and resolved, that the Sieur de Marbois be, 
and he is, hereby recognized as consul-general of France, 
for the United States ; and that the proper notifications be 
issued, agreeable to the said resolve. 

And in pursuance of another resolution of Congi'ess of 
the same date, — 

It is further voted and resolved, that the Sieur de Le 
Etombe be, and he is, hereby recognized, as consul of 

▼OL. X. 6 



42 RECORDS OF THE STATE OF RHODE ISLAND [JuNE, 

France, for the states of New Hampshire, Massachusetts, 
and this state ; and that the proper notifications be issued, 
agreeable to the said resolve. 

It is voted and resolved, that the proceedings of Con- 
gress, of June the third, A. D. 1784, respecting the com- 
missioners of accounts, be published in the Newport and 
Providence newspapers as soon as may be. 

Whereas, Henry Marchant, Esq., who was elected in May 
last, one of the delegates in Congress for this state, for the 
present year, did, at the last session of this Assembly, sig- 
nify his resignation of that office : 

It is thereupon voted and resolved, that the same be, and 
hereby is, accepted. 

An Act empowering the delegates of this state to take their seats in Congress, on 
November the first, A. D. 1784, and to continue a year from that time. 

Be it enacted by this General Assembly, and by tlie authority thereof it is enacted, 
that William Eilery, David Howell, and John Brown, Esqs., (Henry Marchant, Esq., 
having resigned,) who were chosen delegates to Congress, at the election in May last, 
shall serve in Congress for one year, to commence on the first Monday in November 
next ; and that the time of service of the delegates who shall hereafter be annually 
elected to serve in Congress for one year, shall commence on the first Monday in 
November next ensuing their appointment. 

And it is further enacted by the authority aforesaid, that the secretary furnish the 
delegates to Congress, whensoever he shall be by them, or either of them, thereunto 
requested, with commissions, signed by the governor, under the seal of tlie state, par- 
ticularly specifying the time for which they are appointed. 

Whereas, the corporation of the college, in this state, are 
collecting philosophical apparatus, and there is no particular 
use at this time for the sextant that belongs to the state, 
which is now deposited in the Redwood Library, — 

It is therefore voted and resolved, that the said instrument 
be removed from the city of Newport, and deposited in the 
apparatus room of the college, in the town of Providence, 
for the use of the students : provided, nevertheless, that the 
said sextant shall always be at the disposal of the General 
Assembly. 

The petition of Mrs. Elizabeth Wightman, preferred unto 
this Assembly, representing that she has a helpless child to 



1784.] AND PROVIDENCE PLANTATIONS. 43 

support, and praying this Assembly to make her the same 
allowance as she received last year, out of the estate which 
was her husband's, that has been confiscated, being duly 
considered, — 

It is voted and resolved, that all the interest and title of 
this state to the estate of George Wightman, her husband, 
be released unto Mr. Holmes Wightman, his son, on condi- 
tion that the said Holmes Wightman pay and satisfy the 
debts due from the said estate before the same was confis- 
cated; and that he maintain his said mother, Elizabeth 
Wightman, and the said helpless itifant, named Moses, in 
such manner as shall give satisli3tction to the town council 
of North Kingstown. 

It is voted and resolved, that Archibald Crary, Henry 
Marchant, and Nathan Miller, Esqs., be, and they are, hereby 
appointed a committee to take the proper measures, in pur- 
suance of the resolutions of Congress respecting the pay 
and supplies made by the state to officers and soldiers, and 
the necessity of notifying the same to the paymaster gen- 
eral ; and that they report thereon as soon as may be. 

Whereas, by reason of the late very severe^ and tedious 
winter, and the great scarcity of circulating cash, many 
towns are still delinquent in paying into the general treas- 
ury their respective quotas of the state tax, ordered in June 
last,—. 

' It is therefore voted and resolved, that the sheriffs of the 
respective counties be, and they are, hereby directed to 
stay and suspend the service of the executions issued by 
the general treasurer, now in their hands, against the sev- 
eral town treasurers, for delinquency in payment of the 
afiDresaid tax, for the space of two months from the rising 
of this Assembly, the resolution of this Assembly, passed 
at the last session, to the contrary notwithstanding. 

It is further voted and resolved, that the several sheriffs, 
at the expiration of the aforesaid period, proceed imme- 
diately to levy and execute the aforesaid executions against 



44 BECORDS OF THE STATE OF RHODE ISLAND [JviXE, 

such town treasurers as shall be then c'elinquent, for the 
sums which shall be then due, with interest 

It is voted and resolved, that this Assembly will not post- 
pone the payment of the state tax, ordered at June session 
last, beyond the time limited by a resolution passed at 
this session, postponing the same for the space of two 
months. 

A certificate given Samuel Teffl, Esq., for a blanket, by 
him furnished for the recruits raised in the year 1781, 
valued at eighty pounds. Continental money, being duly 
considered, — 

It is voted and resolved, that the sum of one pound one 
shilling and fourpence, lawful money, being the amount 
thereof in specie, by the auditor's report, be allowed and 
paid to Mr. Samuel Stanton, the present owner of the said 
certificate, out of the general treasury. 

It is voted and resolved, that John Dexter, Archibald 
Crary, and Rowse J. Helme, Esqs., be, and they are, hereby 
appointed a committee, to inquire into the particular cir- 
cumstances of such negroes, who were slaves, and enlisted 
into the Continental army, by virtue of an act of this As- 
sembly, and are rendered incapable of maintaining them- 
selves ; and that they report what allowance, if any, it is 
necessary should be made them, and by whom such allow- 
ance shall be made. 

This Assembly, having maturely considered the resolu- 
tion of Congress, of the eighteenth day of April, A. D. 
1783, recommending a mode to the several legislatures of 
ascertaining the proportions of the several states of the 
public expenditures, in lieu of the mode pointed out in the 
eighth article of confederation, — 

Do vote and resolve, and it is voted and resolved, that it 
is the sense of this Assembly, that the mode pointed out in 
the said article of confederation is more just and equal 
than that recommended in the aforesaid resolution, of the 
eighteenth day of April, A. D. 1783 ; and that this Assem- 



1784.] AND PBOVIDHKIB PLANTATIONS. 45 

lily therefore adhere to the rule already established in the 
said article of confederation. 

And it is further voted and resolved, that this Assembly 
will, as soon as may be, cause a valuation of the lands in 
this state to be made, pursuant to the aforesaid article, and 
when finished, will forward the same to Congress. 

Whereas, Mr. William Littlefield, late a captain-lieutenant 
in the pay of this state and service of the United States, 
preferred a petition unto this Assembly, representing, that 
while he was upon Block Island, to see his father and 
friends, a malicious and false report was spread by some 
person unknown, that he went there with an intent to 
carry on a trade with the enemy ; whereby this Assembly 
were induced, at March session, A. D. 1781, to order that 
he should remain upon Block Island, and be incapable of 
receiving the balance due for the depreciation of his wages; 
and that, conscious of his own innocence, and of having 
served with the reputatioq becoming a good officer, he took 
the earliest opportunity of applying for liberty to appear 
before the General Assembly for a hearing, which was 
granted; but that his petition hath laid upon the board 
ever since, without any further proceedings thereon : and 
thereupon the said William Littlefield prayed this Assembly 
to repeal the said resolution, made at March session, A. D. 
1781, and direct that he may receive his depreciation 
money: which being duly considered, — 

It is voted and resolved, that the said petition be, and 
the same is, hereby granted ; that the general treasurer be, 
and he is, hereby directed to give to the said William Lit^ 
tlefield his note, payable on demand, with interest, from the 
first day of August, A. D. 1780, for the amount of three-- 
fourths of the balance due to him; and that the other 
fourth part be paid out of the general treasury. 

Whereas, by a resolution of this Assembly, passed at the 
present session, the delegates chosen to represent this state 
in Congress, at the election in May last, and who accepted 



46 RECORDS OF THE STAT# OF. RHODE ISLAND [JUNEL^ 

their appointment, are authorized and empowered to serve 
in Congress for one year, to commence on the first Monday 
in November next : and whereas, doubts may arise, respect- 
ing the powers of the said delegates to represent this state 
in Congress, if the same should be specially convened before 
that time, or in the committee of the states : wherefore, — 

It is voted and resolved, that the said delegates, or any 
two of them, be, and they are, hereby authorized and em- 
powered to represent this state in Congress, if the same 
should be specially convened, or either of them, in the 
committee of the states, until the said first Monday of 
November, anything in the said resolution to the contrary 
notwithstanding. 

It is voted and resolved, that Mr. Stephen Deblois be, 
and he is, hereby declared to be a free citizen of this state ; 
and as such, entitled to all the rights, privileges, and immu- 
nities of a citizen thereof 

It is voted and resolved, that Joseph Nightingale and 
Ebenezer Thompson, Esqs., be, and they are, hereby appoint- 
ed a committee, to inquire into the situation of the hospital 
stores belonging to this state, in the hands of Mr. Olney 
Winsor, or any other person : tliat they dispose of the same 
at public vendue, and pay the proceeds into the general 
treasury ; and that they make report thereon to this Assem- 
bly at the next session. 

Whereas, Mr. John Freebody, of Newport, mariner, pre- 
ferred a petition, setting forth the reasons and circum- 
stances of his being at Long Island at the time the enemy 
evacuated Rhode Island ; that he had never borne arms 
against the United States, or was inimical thereto ; and 
that he hath an estate in North Carolina, which has been 
confiscated, in consequence of his having been deemed an 
absentee in this state ; and which, he is fully assured, if he 
was restored to the righis and privileges of a citizen of this 
state, would be delivered to him again ; and thereupon the 
said John Freebody prayed this Assembly to restore him to 



1784-] AND PROVIDENCE PLANTATIONS. 47 

all the rights, privileges, and immunities of a free citizen. 
And the said petition having been referred to a committee, 
who presented the following report thereon, to wit : 

Report of the Committee appohUed hy the General Assembly 

relative to the petition of John Freehody. 

m 

The subscribers, having been appointed by the General Assembly, a committee, 
at their present session, to ascertain the claims and demands against the estate of Mr. 
John Freebody, which hath been condscated to and for tlie use of this state, do report, 
that they haTc carefully examined the several claims to them cxliibited, and com- 
them with the vouchers, and find the same to amount to the sum of three thou- 
seven hundred and one dollars. The committee further report, that the said 
John Freebody had a right to the two-seventh parts of an undivided estate, lying in 
the town of Newport, which descended to him from his mother, which hath been con- 
fiscated to and for the use of this state ; and that, in the opinion of the committee, 
and from the best information they have obtained, the said estate is by no means of 
sufficient value to discharge the said demands. 

All which is submitted by JOHN JENCKES, 

JOSEPH NIGHTINGALE, 
H. SHERBURNE, 
WILLIAM CHANNING, 

Committee. 
Newport, July 2, 1784. . 

And the premises being duly considered, — 
It is voted and resolved, that the said report be accepted ; 
that the prayer of the said petitioner be, and hereby is, 
granted ; that the estate of the said John Freebody, which 
has been confiscated, be, and the same is, hereby restored 
to him^ in as full and ample manner as though the same had 
not been confiscated ; and that the said John Freebody be, 
and he is, hereby declared to be a free citizen of this state, 
and entitled to all the rights, privileges, and immunities of 
a free citizen thereof. 

Whereas, Robert Stoddard, late of Newport, preferred a 
petition unto this Assembly, representing that, when the 
British troops* took possession of Rhode Island, he was a 
youth, about sixieen years of age, without parents or guar- 
dians, and destitute of friends to advise him ; that he entered 
as a midshipman on board a British frigate; that when 
Count d'Estaing's fleet came into the harbor of Newport^ 



48 RECORDS OP THE STATE OP RHODE ISLAND [JuNE, 

the frigate he belonged to was burnt, and the officers and 
men belonging to her ordered into the redoubts ; and that 
as soon as the expedition was over, he left the British ser- 
vice, and some time after went to Long Island, where he 
endeavored to atone for the inconsiderate transactions of 
his early youth, by rendering all the service in his power 
to the United States ; and thereupon he prayed this Assem- 
bly to admit him a citizen of this state : and the said peti- 
tion, together with divers testimonials of the good conduct 
of the said Robert Stoddard, when upon Long Island, 
made by persons of respectable characters, being duly con- 
sidered, — 

It is voted and resolved, that the said petition be granted ; 
and that the said Robert Stoddard be, and he is, hereby 
declared to be a free citizen of this state, and entitled 
to all the rights, privileges, and immunities of a citizen 
thereof. 

Whereas, many of the citizens of this state have applied 
to this Assembly, with certificates from the staff officers, for 
supplies furnished for the United States during the late war, 
requesting payment, and representing that the commis- 
sioner from the United States declines settling them : 
wherefore, — 

It is voted and resolved, that His Honor the Deputy 
Governor, Henry Marchant, and Joseph Nightingale, Esqs., 
be, and they are, hereby appointed a committee, to confer 
with Edward Chinn, Esq., the said commissioner, and re- 
quest that he will proceed to settle all accounts or certifi- 
cates, for supplies for the United States, agreeable to his 
instructions ; and that it is the determination of this Assem- 
bly not to make any further advances to the United States, 
by paying such certificates. 

It is voted and resolved, that the impost on all goods of 
foreign growth or manufacture, imported into this state, by 
land or water, agreeable to an act of this Assembly, passed 
at June session, A. D. 1783, be, and the same is, hereby 



1784.3 AND PROVIDENCE PLANTATIONS. 49 

raised^ from two to two and an half per centum ; and that 
this resolution take place in ten days from the rising of this 
Assembly. 

Upon the petition of Winthrop SaltonstaU, Esq., of New 
London, in the state of Connecticut, in behalf of himself 
and children, and Mrs. Mary Coddington, Mr. Thomas Wick- 
ham, and Elizabeth his wife, and others, children and heirs 
of Joseph Wanton, Esq., late of Newport, deceased, formerly 
Governor of this state, presented unto this Assembly, pray- 
ing that a certain dwelling house, stable, and lot of land, 
iw'hereon the same stands, in said Newport, which hath been 
confiscated to and for the use of this state, as the property 
of Mr. William Wanton, through misapprehension, which in 
fact was the property of the said Joseph Wanton, might be 
restored to them, they never having forfeited the same, — 

It is voted and resolved, that Esek Hopkins, William 
Channing, and James M. Vamum, Esqs., and Mr. Peleg 
Clarke, be, and they are, hereby appointed a committee, to 
inquire into the matters set forth in the said petition; 
and that they make report to this Assembly at the next 
session. 

Whereas, Nathan Miller, Esq., of Warren, preferred a 
petition and represented unto this Assembly, that he pur- 
chased the Mount Hope farm, so called, of the officers and 
soldiers of Colonels Greene and Sherburne's regiments, 
which was set oflf to them by this state, for the payment of 
the depreciation of their wages, for three hundred and 
eighty-five acres, and one hundred and eleven rods ; which 
farm he hath since sold to William Bradford, Esq., who, 
being dissatisfied with the former survey, hath had the same 
re-surveyed by Caleb Harris, Esq., who finds the same to 
contain only three hundred and sixty-eight acres and forty 
rods ; and that he hath received pay for that quantity and 
no more, whereby he must lose the purchase-money of 
seventeen acres and seventeen rods, which amoimt to one 
hundred and three pounds ten shillings, lawful money, unless 

VOL. X. 7 



50 RECORDS OP THE STATE OF RHODE ISLAIO) [JuNE, 

relieved by this Assembly : and thereupon he prayed this 
Assembly to order that sum to be paid him out of the 
general treasury. And the said petition being duly con- 
sidered,— 

It is voted and resolved, that the same be, and hereby Is, 
granted; and that the sum of ono hundred and three 
pounds ten shillings, lawful money be allowed and paid 
the said Nathan Miller, out of the general treasury. 

Whereas, the committeee appointed to ascertain the value 
of the fee simple of the lot of land lying in Newport, here- 
tofore leased to Shearman Clarke by Thomas Bannister, for 
the term of ninety-nine years, and which hath been confis- 
cated to and for the use of this state, have reported, that 
the fee simple thereof, in their opinion, is worth the sum of 
five hundred dollars : wherefore, — 

It is voted and resolved, that upon the payment of the 
said sum into the general treasury, by Mrs. Catharine 
Clarke, the widow of the said Shearman Clarke, or the pur- 
chaser of the houses standing on the same, that the general 
treasurer make and execute to the said Catharine Clarke, 
or such purchaser, a deed, conveying the said fee simple 
thereof; that the said premises be sold, agreeable to the 
order of the superior court for that purpose, under the 
direction of the judge of probate for the said city of New- 
port, as soon as may be ; and that the money arising from 
the sale thereof, after deducting the said sum of five hun- 
dred dollars, be applied to the discharging of the debts due 
from the estate of the said Shearman Clarke, deceased. 

It is voted and resolved, that George Hazard, Jonathan 
Comstock, and Eobort Stanton, Esqs., and Mr. Rowland 
Brown, be, and they are, hereby appointed a committee, to 
lay out the Point Judith farm, so called, into such a number 
of farms and lots as may enable the state to sell the same 
to the best advantage of the state and the purchasers ; that 
they make a regular survey thereof, and report to this 
Assembly at the next session. 



1784.] AND PROVIDENCE PLANTATIONS. 51 

Whereas, Esek Hopkins and Rowse J. Helme, Esqs., pre- 
sented unto this Assembly the following report, to wit : 

Report of the Committee appointed hy the General Assemlly 

relative to the petition of John Kerher. 

We, the snbscriben, have ezamined the subject matter of the petition of Mr. John 
Kerber, and find that the &ct8 set forth therein are true ; that the said John Kerber 
hath certificates firom Col. Ephraim Bowen, deputy quartermaster general, that there 
is doe to him firom the United States, ten thousand seven hundred and seven dollars 
and fiAy-one seventy-seconds of a dollar, Continental money, due in August and Sep- 
tember, 1780, which is equal to one hundred and fifty-four silver dollars, no interest 
being allowed ; and that if the General Assembly pay any certificates due from the 
United States, tlie said John Kerber deserves to be paid, as he is in a disagreeable 

atuation, without any shop to work in. 

ESEK HOPKINS, 

ROWSE J. HELACE, 

Committee. 

Which being duly considered, — 

It is Yot^d and resolved, that the said petition be again 
referred to a committee, consisting of George Hazard, Henry 
Marchant, and John Topham, Esqs., and Messrs. George 
Champlin, Peleg Clarke, and Daniel Mason ; who are hereby 
appointed to examine and inquire for some small tenement, 
belonging to the state, which will accommodate the said 
John Kerber, as a shop, and be of the value of the said sum 
due to him, and report thereon to this Assembly at the next 
session. 

It is voted and resolved, that the act heretofore passed, 
exempting the debts and monies due from persons in Great 
Britain to the inhabitants of this (then colony, now) state 
from taxation, be, and the same is, hereby repealed ; and 
that the debts and monies due from persons in Great Britain, 
or any other part of the world, be, and the same are, hereby 
declared to be liable to be taxed in the same manner as 
other debts and monies are subject to taxation. 

The account of Mr. John Lawton, exhibited unto this 
Assembly, for the use of his house, &c., for the , committee 
who drafted the tax bill, being duly considered,— 



52 RECORDS OF THE STATE OF RHODE ISLAND [JUNS^ 

It is voted and resolved, that the amount thereof, being 
four shillings and tenpence, lawful money, be allowed and 
paid the said John Lawton, out of the general treasury. 

It is voted and resolved, that the following accounts be 
paid out of the general treasury, viz. : 

Bills Ordered to be Paid. 

£ 8. d. 

John Wickes, for a slare enlisted in the state's hattalions 44 17 11 

John Dexter, for selling confiscated land in Cumberland 8 4 7 

Oliver Child, for wages due his son, Jeremiah Child, a soldier, vho died 

while a prisoner in Quebec, in 1776 10 

Joseph Harris, for an enlisted slave in 1778 43 8 10 

Col. Jeremiah Olnej, balance due the officers and soldiers of the Rhode 

Island line : ' 606 1 

Sylvester Bobinson, for an enlisted slave m 1778 42 17 

Oliver Pearce, for carrying the proclamation for the cessation of arms to the 

counties of Washington and Kent 1 2 2 

Moses Levy and Jacob Isaacks, of Newport, for oil taken ftom Warren in 

1778, and sold at public vendue 490 6 2 

* 

The following public acts, passed at the June session, are 
printed at length in the Schedule, and also in the volume 
of public laws : 

lAst of PulUc Ads. ' 

An Act enlarging the jurisdiction of Justices' Courts, to try causes not exceeding 
six pounds. 

An Act for enlarging the limits of the Gaol, in the county of Washington. 

An Act for granting and apportioning a Tax of twenty thousand pounds in silver 
or gold, upon the inhabitants of this state. 

An Act in amendment of an Act, passed at June session, 1788, empowering the 
Intendants of Trade in this state to collect monies for the support of the lights in the 
Light-house at Beaver Tail. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and hereby is, adjourned until the fourth Monday in August 
next, then to convene at South Elingstown. 

God save the United States of America. 



1784.] AND PROVIDENCE PLANTATIONS. 53 



Proceedmgs of the General Az^embly of the Staie of Rhode 
Island and Providence PlardationSy at South Kingstoum^ on the 
fourth Monday in August, 1784. 

His Excellency William Greene, Governor. i 

The Hon. Jabez Bowen, Deputy Governor. 

Whereas, John Jenckes, Esq., and Mr. Paul Allen, pre- • 
sented unto this Assembly the following report, to wit : 

Report of the Committee appoirded hy the General Assemblt/ 
relative to rents received from the estate of James Chace. 

The snbecribers, being appointed by the Honorable the General Assembly, to 

inquire into the rents which this state received for the estate of the late James Chace, 

vhich waa sequestered, do report, that the state received of Thomas Church, Esq., 

ibrty-five pounds, lawful money, in state securities, for the rents of the said estate, 

for the year 1779 ; and that the general treasurer received, on April the 1st, A. B. 

1780, Ibur hundred and fifty-one pounds, ten shillings, which is equal to eleven pounds 

five shillings and ninepence, in specie ; and the bill of cost upon the suit commenced 

by the general treasurer against the said Thomas Church, amounting to one pound 

fourteen shillings and ninepence, is due to William Bradford, Esq., the same not 

having been paid by the said Thomas Church. 

All which is submitted by your most humble servants, 

JOHN JENCKES, 

PAUL ALLEN, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted; and that the sum of sixty-two pounds eleven 
shillings and sevenpence halfpenny, being the amount of 
what this state has received for the rent of said estate, with 
the interest since the same has been paid, be allowed ; that 
the same be paid out of the general treasury to Mr. Zac- 
cheus Chace, executor of the said James Chace, deceased ; 
and that the said sum of one pound fourteen shillings and 
ninepence be aUowed and paid to the said WiUiam Bradford, 
out of the general treasury, for the said bill of cost 



54 RECORDS. OF THE STATE OF RHODE ISLAND [AUQ., 

It is voted and resolved, that His Excellency the Gover- 
nor be, and he is, hereby requested to cause a copy of the 
act of this Assembly, authorizing the United States to 
prosecute actions for the recovery of debts due to the 
United States, to be forwarded to Congress at their next 
sitting. 

Whereas, there is a considerable sum of money due to 
this state from Eoyzel Smith, who has absconded ; and it is 
represented to this Assembly that the said Eoyzel Smith, 
will be able to discharge the same, provided he may have 
•liberty to atteiid the next General Assembly, and not be 
subject to be taken by any process in the common law, — 

It is therefore voted and resolved, that the said Eoyzel 
Smith be, and he is, hereby permitted to attend this Gen- 
eral Assembly, at the session in October next ; and that he 
be protected from all suits for the space of one week before 
the sitting, and one week after the rising of the said Gen- 
eral Assembly. 

It is voted and resolved, that every bunch or rope of 
onions which shall be offered for sale in this state, shall 
weigh at least four pounds ; that every bunch or rope of 
onions which shall be made and offered or exposed for sale 
in this state, weighing less than four pounds, shall be for- 
feited, or the value thereof, one-half to and for the use of 
the town wherein the same shall be offered for sale, and the 
other half to him who shall inform respecting the same ; 
that said forfeitures be recovered by bill or information, 
before any one or more justices of the peace, in the county 
where the said onions shall be offered for sale ; and that this 
act shall take place, and be in force, from and after the first 
day of May next 

Whereas, the classes who have been delinquent in fur- 
nishing recruits for the nine months' service have neglected 
to pay the sum of one hundred dollars, ordered to be assessed 
upon them respectively by the act of this Assembly : where- 
fore, — 



1784.] AND PROVIDENCB PLANTATIONS. 55 

• 

It is voted and resolved, that the committees of the towns 
to which such delinquent classes belong, and who classed 
the same, be, and they are, hereby directed, on or before 
the twentieth day of September next, to certify to the 
sheriff of the county in which the said classes belong, the 
5ums assessed upon and due from each individual of the 
said delinquent classes; and that the sheriff, to whom the 
same shall be certified, be, and he is, hereby directed, within 
sixty days after the receipt of such certificate, to collect 
from the said individuals the sums which shall be respec- 
tively due from them as aforesaid, and to pay the same into 
the general treasury.* 

And it is further voted and resolved, that the said com- 
mittees, upon the penalises prescribed in the said act, shall, 
on or before the twentieth day of September next, make 
return to the general treasurer of the sums due as afore- 
said, and certify the name of the sheriff, and the time when 
the same certificate was delivered to him ; that if such sheriff 
^hall negleijt to pay the sums of money ordered to be col- 
lected by him as aforesaid, or shall not make return to the 
general treasurer of his doings on the said certificates at 
the expiration of the said sixty days, the general treasurer 
be, and he is, hereby authorized and directed to issue his 
warrant against such delinquent sheriff, directed to either 
of the town sergeants in the county in which such sheriff 
belongs, for the money certified to be due as aforesaid ; and 
that the same warrant be returned in twenty days from the 
date thereof 

The petition of Mr. John Lawton, of Newport, preferred 
unto this Assembly, praying that he may have a small lot 
of land set off to him in said Newport, late the property of 
Thomas Bannister, which hath been confiscated to and for 
the use of this state, in order to discharge a debt, amount- 
ing to ninety-four dollars and one-fourth, due in the year 
1776 from the said Thomas Bannister to his father, Mr. 
John Lawton, late of Newport, deceased, to whose last will 



56 RECORDS OF THE STATE OF RHODE ISLAND [AuQ.^ 

and testament he, the said John Lawton, is executor; being 
duly considered,— 

It is Yoted and resolved, that the said petition be, and 
the same is, hereby granted ; that George Hazard, Henry 
Marchant, and John Topham, Esqs., and Mr. Daniel Mason 
and Mr. George Champlin, be, and they are, hereby ap- 
pointed a committee, to value the said lot of land, and report 
their valuation of the same to the general treasurer ; that 
if it shall appear, by the report of the said committee, that 
the value of the said lot exceeds the amount of the debt 
due from the said estate, in such case the said John Lawton 
shall pay the surplus into the general treasury ; that on the 
said payment being made, and the security for the said debt 
being lodged in the general treasury, the general treasurer 
be, and he is, hereby directed to make and execute a deed 
unto the said John Lawton, conveying unto him and his 
heirs all the right, title and interest which the said Thomas 
Bannister had in the said estate, at the time the same was 
confiscated. 

It is voted and resolved, that the attorney general, Rowse 
J. Helme, Esq., and Mr. George Champlin, be, and they are, 
hereby appointed a committee, 'to inquire into the circum- 
stances of an estate late Thomas Bannister's, an absentee, 
now in possession of Messrs. Thomas and Samuel Freebody, 
and whereof there is an equity of redemption, now vested 
in this state, not yet expired ; and that the said committee 
ascertain the particular circumstances attending the said 
estate, and report thereon to this Assembly at the next 
session. 

It is voted and resolved, that William Ellery and John 
Brown, Esqs., be, and they are, hereby directed to attend 
Congress as delegates from this state, in November next, to 
which time Congress stands adjourned ; and that the said 
delegates, previous to their leaving this state, attend this 
General Assembly, to receive suoh directions and instruc- 
tions as may be thought necessary. 



1784.] AND PROVIDENCE PLANTATIONS. 57 

Whereas, George Hazard, Henry Marchant, and John 
Topham, Esqs., and Mr. George Champlin and Mr. Daniel 
Mason, presented unto this Assembly the following report, 
to wit: 

Report' of the Committee appointed hf the GeiiercU Assembb/ 

setting off a bt of land to John Kerhei\ 

We, the suBscribera, being appointed by the General Assembly a committee, with 
Mr. Peleg Clarke, to examine and inquire for a small tenement, belonging to this 
state, in the city of Newport, that will accommodate John Kerber (who hath a de- 
mand on the state) as a shop, and be of the value of the money due to the said John 
Kerber from the state, do report, that we have made inquiry, and have foimd a. lot of 
land in Newport, adjoining easterly on the back street, with a small tenement standing 
thereon, which is represented to your committee by the attorney general as the estate 
formerly of Thomas Bannister, wliich we think will accommodate the said Kerber 
for the purpose aforesaid, and be of the value of his demand. 
Which is submitted by your humble servants, 

GEORGE HAZARD, HENRY MARCHANT, 

JOHN TOPHAM, GEORGE CHAMPLIN, 

DANIEL MASON, Committee. 

South Kingstown, Aug. 27, 1784. 

And the said report being duly considered, — 
It is voted and resolved, that the general treasurer, in 
behalf of this state, give a lease for twenty years, com* 
mencing from the twenty-fifth day of March, A. D. 1785, 
and to expire on the twenty-fifth day of March, A. D. 1805, 
of the said lot of land, lying in Newport, late the property 
of Thomas Bannister, bounded easterly on the back street, 
with a small stable thereon, unto the said John Kerber, his 
executors and administrators ; reserving a rent of one ear 
of green Indi<in corn, to be paid on the third Monday of 
August yearly, if demanded ; with a covenant that, at the 
expiration of the term, all the buildings and improvements 
which the said John Kerber shall place upon the said lot 
shall be viewed and appraised by three indiflerent persons, 
to be mutually chosen by the General Assembly and the 
said John Kerber, or his representatives ; and that the value 
of the said buildings be paid unto him, or that he shall have 
liberty to remove them off 

VOL. X. 8 



58 RECORDS OF THE STATE OF RHODE ISLAND [AuG., 

It is voted and resolved, that the secretary be, and he is, 
hereby directed to lay before this Assembly, at the next 
session, all acts or copies of acts of this General Assembly, 
which are now in force, relative to taxation. 

It is voted and resolved, that the sum of sixty pounds, 
lawful money, be allowed to His Excellency the Governor, 
for his salary for the last j'ear, ending the first day of May 
last ; and that the sum of forty-five pounds, lawful money, 
be allowed to His Honor the Deputy Governor, for his. 
salary for the last year, ending on the said first day of May 
and that the said sums respectively be paid them out of the 
general treasury. 

Whereas, the committee heretofore appointed to receive, 
examine and adjust the claims against the estates of absen- 
tees, which have been confiscated, made their report, where- 
by it appears that many claims exhibited to them were 
unaccompanied with proper vouchers, anc'. were not finally 
determined on, by being allowed or rejected by the said 
committee, — 

It is therefore voted and resolved, that the said committee, 
consisting of William Channing, Caleb Harris, Gideon Hox- 
sie, Adam Comstock, and Benjamin Bourne, Esqs., be, and 
the same is, hereby revived ; that the said committee be, 
and they or any three of them are, hereby fully authorized 
and empowered to re-examine the aforesaid claims, the pro- 
priety of which they have reported as doubtful ; that the 
said committee be also empowered to receive and examine 
all other claims which have not yet been exhibited to the 
said committee under their former appointment, or the com- 
mittee which was appointed to receive and examine such 
claims, after the first mentioned committee had made their 
report ; that the committee now revived be, and they are, 
hereby fully authorized and empowered to summon wit- 
nesses before them, and examine them on oath touching 
any claims which may be laid before them ; that the said 
committee adjudge and determine finally on all claims 



1784.] AND PBOVIDENCB PLANTATIONS. ' 59 

which shall be exhibited to them^ by allowing and passing 
such as shall appear to be just and reasonable^ and rejecting 
and disallowing such as shall appear not to be well vouched, 
or not suflficiently proved and supported by evidence ; that 
the said committee convene at the city of Newport, as soon 
as may be convenient, on the business of their appointment, 
first advertising in all the newspapers in the state the time 
of their meeting, and that they make report to this Assem- 
bly as soon as may be. 

Whereas, a number of citizens, members of the Sabbata* 
rian churches of the city of Newport, and towns of Wes- 
terly, Hopkinton, and Middletown, in this state, have pre- 
ferred a petition unto this Assembly, praying that they, 
and all others of their religious principles and persuasion, 
may be permitted to follow, pursue and transact their secu- 
lar business and concerns on the first day of the week, they 
paying a religious and legal deference to the seventh day 
of the week as their Christian Sabbath : and this General 
Assembly taking the subject matter of the said petition into 
consideration, and willing to extend the privileges and im- 
munities of the citizens as far as may be consistent with 
good government, — 

Do enact, and by the authority thereof it is hereby 
enacted, that from and after the rising of this Assembly, all 
the professors of the Sabbatarian societies throughout this 
state, and such others as shall be owned and acknowledged 
by them ixs members of or belonging to said societies, or any 
of them, shall be permitted to labor in their respective pos- 
sessions on the first day of the week ; and that they have 
liberty quietly and peaceably to pass and repass on foot or 
on horseback for that purpose ; any former law, custom or 
usage to the contrary notwithstanding. 

Provided, nevertheless, that this act shall not extend to 
the liberty of opening shops or stores on the said day, for 
the purpose of trade and merchandise ; nor to the lading, 
unlading, or fitting out of vessels ; nor to the working at 



60 RECORDS OP THE STATE OF RHODE ISLAND [AUG., 

the smith's business, or any other mechanical trade, in any 
compact place ; nor to the drawing of seines, or fishing or 
fowling in any manner in public places, and oflf their own 
possessions. 

And in case any dispute shall arise respecting the sub- 
jects of this act, and who shall be exempted thereby, — 

Be it further enacted by the authority aforesaid, that in 
all such cases a certificate from the ordained pastor of any 
of the aforesaid churches, or from any three of the pro- 
fessed members of such church or society, declaring the 
person or persons claiming the exemptions aforesaid to be a 
member or members of, or owned by, or belonging to, such 
church or society, shall be received as full and conclusive 
evidence in favor of the subject or subjects aforesaid. 

Whereas, George Hazard, Jonathan Comstock, and Rob- 
ert Stanton, Esqs., and Mr. Rowland Brown, presented unto 
this Assembly the following report, to wit : 



Report of the Committee appointed hy tlie General Assemhl^/ 
y^elaiive to the laying out of Point Judith Farm^ 

We, the subscribers, being appointed by the Honorable the General Assembly, a 
committee to lay out and divide the state's &rm, lying at Point Judith, into ^o many 
farms as we should think best, do report, that on the ninth day of August, A. D. 
1784, we repaired to the said farm, first causing a survey to be made, and then divided ■ 
the same into six lots, (the marsh excepted,) four of which extend from the sea to the 
pond, and the otliers are divided by a north and south line. We also run a dividing 
line between the upland and salt marsh, and have bounded the said lots with stakes and 
stones at the corners thereof, and also numbered each lot, and entered the quantity of 
acres it contains on our plat. We have assigned unto each of the lots Nos. 1, 2, and 3, 
two-uintli parts of the said salt marsh, and to each of the lots Nos. 4, 5, and 6, one-ninth 
part of said marsh. We have also laid out a highway, partly through the said farm, 
beginning at the west side of the bar-way ' at the end of the stone wall, which is the 
line between the said farm and the Wolcott farm ; thence south 22 degrees west 296 rods, 
where We fixed a stake and stones ; thence south 182 rods to the northeast corner and 
the northwest corner of the two southernmost lots, laying all the said way two rods 
wide on the east side of the bounds. We have also laid a highway, of eight rods 
wide and forty rods long, on the south side of the lot No. 3, to the fresh pond, that 
every lot may have free access in case of drought. We also have laid out a lot of 
about ten acres on the south side of the marsh, adjoining the sea and beach, for a 
common, and laid out a drift-way, beginning at the west side of the highway, at the 
dividing line between the lots Nos. 3 and 4 ; thence to run across the lot No. 4, and 



1784.] AND PROVIDENCB PLANTATIONS. 61 



the corner of the lot No. 5, to the elbow-comer adjoining the salt marsh , and 
across tlie corner of the marsh, that every lot may have free access to the marsh, and 
to the conomon lot. All which will more fhlly appear by our plat herewith presented. 

GEORGE HAZARD, 
JONATHAN COMSTOCK, 
ROBERT STANTON, 
ROWLAND BROWN, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; that the said tract of land be sold at public ven- 
due or private sale, for specie, or any of the public securities 
of this state ; that John Jenckes, Archibald Crary, Robert 
Stanton, and Jonathan Comstock, Esqs., and Mr. Rowland 
Brown, be, and they are, hereby appointed a committee, to 
sell the said farm or tract cff land, in separate divisions or 
lots, agreeable to the said plat ; that on the payment of the 
purchase-money into the general treasury, the general treas- 
urer is hereby directed and empowered to execute unto any 
and every of the purchasers of the said lots a deed, con- 
veying unto the said purchaser an estate of inheritance in 
fee simple, with warranty. 

Whereas, William Channing, Esek Hopkins, and James 
M. Varnum, Esqs., presented unto this Assembly the follow- 
ing report upon the petition of Winthrop Saltonstall, Esq., 
and others, preferred unto this Assembly at the last session, 
respecting a house and lot of land in Newport, late the 
property of Joseph Wanton, Esq., formerly governor of this 
state, which was confiscated to the State, to wit : 

Report of the Committee appointed hy tite General Assemblt/ 

relative to the estate of James Wanton. 

The sabscrihers, being of the committee to inquire into the petition of Winthrop 
Saltonstall, Esq., and others, do report, that the messuage, consisting of the* lot and 
house referred to in the said petition, was confiscated as the estate of Wiliiaih Wan- 
ton, as set forth by the petitioners : that it appears that heretofore the said Joseph 
Wanton, father to the said William Wanton, was seized in fee simple of the said 
niessoage, and it doth not appear that ever the same was conveyed by him to the said 
WiQiam Wanton; or any other person : that the said Joseph Wanton died intestate, 



62 RECORDS OF THE STATE OF RHODE ISLAND [AUO., 

and left legal representatiret. It is therefore submitted to tlie Honorable General 
Assemblj to pass the following resolution, to wit : 

Resolved, that the legal heirs of Joseph Wanton, Sr., late of Newport, Esq., 
deceased, hare full liberty to make claim to and take in possession the house in which 
the said Joseph Wanton lived next before his decease, together with the lot on which 
the same stands, now in the occupation of Mr. Beigamin Almj, any claim of this state 
heretofore made notwithstanding. WILLIAM CHANNING, 

ESEK HOPKINS, 
JAMES M. VARNUM, 

Committee. 

And the said report being duly considered,— 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the legal heirs of the said Joseph Wan- 
ton, deceased, have full liberty to make claim to and take 
into possession the said house in which the said Joseph 
Wanton lived next before his decease, together with the lot 
on which the same stands, now in the occupation of Mr. 
Benjamin Almy, any claim of this state heretofore made 
notwithstanding. 

The petition of Mr. John Weeden, preferred unto this 
Assembly, praying that the rents and profits of the estate 
late belonging to John Andrews, of Newport, which hath 
been confiscated, may be paid him by the attorney general, 
as he is almost the only creditor, this Assembly having, at 
last May session, given up the said estate for the benefit of 
the said creditors, — being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
granted ; first deducting therefrom the cost and expense of 
leasing the same, &c. 

Whereas, Rowse J. Helme and William Channing, Esqs., 
and Mr. Daniel Mason, presented unto this Assembly the 
following report, to wit : 

Report of the Committee appoiivted by the General Assembli/ 

relative to the estate of James Hmwjman, 

We, the subscribers, being appointed a committee to inquire into the circumstances 

respecting the estate which is at present in the occupation of Thomas Rumreill, Esq.* 

who holds the same as a tenant to this state, beg leave to report, that from the docu 

ments to us produced, it appears that the said estate was confiscated as the estate o 



1784.] AND PROVIDENCE PLANTATIONS. 63 

Joseph Wanton, Jr., Esq., but that the said Joseph Wanton, Jr., never had the fee of 
said estate, either by deed or possession ; but that the same belonged unto James 
Honeyman, Esq., who, by his last will and testament, bearing date the sixteenth day 
of January, A. D. 1778, gave and devised the same unto his three grandchildren, 
daughters of the said Joseph Wanton, Jr., to wit : Mary, Elizabeth, and Ruth, who 
have all married British officers, and who are subjects of his Britannic Migesty : and 
that this state can have no claim upon the same by way of confiscation, it being in 
the heirs or devisees of the said James Honeyman, who can legally hold the same. 

All which is submitted by your humble servants, 

ROWSE J. HELME, 
WILLIAM CHANNING, 
DANIEL MASON, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said estate be yielded up and sur- 
rendered to the heirs or devisees of the said James Honey- 
man, deceased, any former act or claim of this state to the 
contrary notwithstanding. 

It is voted and resolved, that Joseph Clarke, Esq., be, and 
he is, hereby allowed the sum of two hundred and forty 
pounds, lawful money, for one year's salary as general treas- 
urer, ending the first day of May, A. D. 1783 ; and that he 
receive the same out of the general treasury. 

It is voted and resolved, that Col. Benjamin Arnold be, 
and he is, hereby empowered to receive the sum of forty 
pounds, lawful money, out of the general treasury : that he 
apply the same towards defraying the expense of rebuild- 
ing Pawtuxet bridge, which was destroyed by the great 
floods in the last spring ; the said Benjamin Arnold having 
engaged and stipulated with this Assembly, that he will, 
with the aforesaid grant, and such other assistance as he 
may obtain, by subscription or otherwise, finish and com- 
plete the rebuilding the aforesaid bridge. 

Provided, nevertheless, that this grant shall not be con- 
sidered as a precedent, to warrant or justify any future 
application to rebuild or repair the aforesaid or any other 
bridge in the state. 



64 RECORDS OF THE STATE OF RHODE ISLAND [AUG^ 

The account of Henry Sherburne, Esq., exhibited unto 
this Assembly, for his services at the present session as 
deputy secretary, being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
allowed ; and that the amount thereof, being four pounds 
four shillings, lawful money, be allowed and paid the said 
Henry Sherburne out of the general treasury. 

Whereas, there is a considerable sum of money yet due 
from Mr. Royzel Smith, for the rents and taxes on the Point 
Judith farm, for the years 1781 and 1782 ; and it also ap- 
pearing that several sums of money have been received 
by William W. Pollock, formerly tax-gatherer for South 
Kingstown, for rates and taxes on the said farm in the 
above-said time, which have not been accounted lor : where- 
fore, — 

It is voted an(} resolved, that Thomas Wells and William 
Hammond, Esqs., be, and they are, hereby appointed a com- 
mittee to examine into the state of the rates and taxes 
between the said Royzel Smith and William W. Pollock : 
that they also make a settlement between the said Royzel 
Smith and such persons as occupied and improved any part 
of the said farm under him, and between the said Royzel 
Smith and this state ; and that they receive orders for the 
balances on such persons as may be indebted to said Royzel 
Smith, and report their doings to this Assembly at the next 
session. 

And it is further voted and resolved, that the said Royzel 
Smith be, and he is, hereby protected from all suits on 
mesne process, until the rising of this General Assembly at 
the next session. 

, It is voted and resolved, that the attorney general com- 
mence actions, to the first court within this state, for all 
rents due for the real estates in the county of Newport, 
which have been leased by this state; and that he pay 
therefrom the money due to Mrs. Cornell, for her dower of 
the Elam farm for the year 1783. 



1784.] AND PROVIDBNCE PLANTATIONS. 65 

It is voted and resolved^ that the general treasurer be, 
and he is, hereby directed to issue his warrants for collect- 
ing the fine due for the deficiencies in the recruits ordered 
to be raised for three years, agreeable to the act of this 
Assembly passed at last December session. 

The petition of divers inhabitants of the towns of Wes- 
terly and Hopkinton, preferred unto this Assembly, praying 
that they may not be obliged to open a passage of more 
than fifteen feet in a mill-dam upon Pawcatuck river, for 
the passing of fish up the same, being duly considered,^- 

It is voted and resolved, (by the consent of parties,) that 
the viewers of the mill-dams in the town of Hopkinton be, 
and they are, hereby empowered to examine the said mill- 
dam, and to direct the width of the passage for fish to be 
made in the said mill-dam ; and that such passage by them 
adjudged to be sufiicient, upon being opened, shall be a full 
compliance with the act respecting the passage of fish up 
the said river, anything in said act to the contrary notwith- 
standing : provided, that the said dam-viewers do not exceed 
the width of twenty feet, mentioned in the said act. 

It is voted and resolved, that John Jenckes and Joseph 
Nightingale, Esqs., be, and they are, hereby appointed a 
committee to cause the parade before the State House in , 
Providence to be inclosed with posts and rails, so as to pre- 
vent teams from passing thereon ; and that an account of 
the expense of the same be laid before this Assembly. 

It is voted and resolved, that the executions which have 
issued from the general treasurer, against the several town 
treasurers, for arrears in the state tax, payable in December, 
A D. 1783, be postponed for one month from and after the 
rising of this Assembly, and no longer ; and that the several 
sheriffi), possessed of such executions, govern themselves 
accordingly. 

It is voted and resolved, that the sum of fifteen pounds, 
lawful money, be allowed and paid to Mr. Thomas Brand 
out of the general treasury, for repairing Pawcatuck bridge ; 

YOL. X. 9 



€6 RECORDS OP THE STATE OP RHODE ISLAND [AUG., 

and that he account for the expenditure of the same to this 
Assembly. 

It is voted and resolved, that the following accounts be 
paid out of the general treasury, viz. : 

BiMs Ordered to be Paid. 

* £ i, d, 

Elisha Reynolds, Jr., of Exeter, a wounded soldier 15 

Ezekiel Gardner, Jr., for boarditig and nursing Hercoles Gardner, a sick 

soldier. . .< 9 8 5 

Ebenezer Slocam, for a whale-boat and oars lost in the expedition against 

Rhodelsland 6 

The following public acts, passed at the August session, are 
printed at length in the Schedule, and also in the volume 
of public laws : 

List of Public Acts. 

An Act fixing and ascertaining the limits of the Prison bonnds in the county of 
Kent. 

An Act further to amend an Act entitled " An Act laying an impost of two per 
cent, ad valorem^ upon certain articles therein enumerated, for the purpose of paying 
the annual interest arislnir upon the puUic securities of the state. 

An Act regulating the assize of Casks, and preventing deceit in packing Beef, 
Pork and Fish for sale. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned until Saturday, next pre- 
ceding the last Monday in October next, if then called ; but 
if not called before, nor at that time, then this Assembly* 
be, and hereby is, dissolved. 

God save the United States of America. 



1784.] AND PROVIDENCE PLANTATIONS. 67 



Proceedings of the General Asseinlb/ of the State of Rhode 
Jsland and Providence PlantationSy at Prot^idence, on tlie last 
Mmiday in October, 1784. 

His Excellency William Greene, Grovernor. 
The Hon. Jabez Bowen, Deputy Grovemor. 

It is voted and resolved, that an address be presented to 
the Honorable the Marquis de la Fayette, in behalf of this 
General Assembly, congratulating him on his return to. 
America ; and that the secretary, James M. Vamum^ Ben- 
jamin Bourne, and Henry Sherburne, Esqs., be, and they 
are, hereby appointed a committee t6 draught the said 
address. 

Whereas, the secretary, James M. Varnum, Benjamin 
Bourne, and Henry Sherburne, Esqs., reported unto this 
Assembly the following draught of an address to the Hon- 
orable the Marquis de la Fayette : 

Address of Welcome of the General Assembly to the Marquis 

de la Fayette, 

The Governor and company of the state of Bhode Island and Providence Planta- 
tions, in General Assembly convened, present to the Marqnis de la Payette their 
ainoerest congratulations upon his arrival in this state. They have ever admired that 
noble zeal in the cause of freedom, which prompted him to encounter dangers in 
every form, to rescue this country from tyranny and oppression. They cannot too 
much acknowledge the merit of those heroes and patriots, to whose exertions they 
are so greatly indebted for the inestimable blessings of peace which they now enjoy ; 
and in the list of whose fame the name of la Fayette appears with distinguished 
lustre. Convinced that his military ardor resulted from a regard to the rights of man- 
kind, they shall ever hold him dear : and as a subject of the King their ally, and a 
citizen of that nation whose generosity and friendship have been eminently displayed 
through an arduous war, his exalted virtues will increase their affection. That hap- 
piness may attend him, in every possible situation, is their earnest prayer to Heaven. 

Done at Providence, the 26th day of October, A. D. 1784, and in the ninth year 
of Independence ; and signed in behalf of the two Houses of Assembly. 

• WILLIAM GREENE, Governor. 

WILLIAM BRADFORD, Speaker. 
The Honorable the Marquis do la Fayette. 



68 BEGORDS OF THE STATE OF BHODE ISLAND [OcT.^ 

And the said report being duly considered, — 

It is voted and resolved, that the said draught of an ad- 
dress be, and the same is, hereby approved ; that the secre- 
tary cause a fair copy thereof to be made ; that His Excel- 
lency the Governor and the Speaker of the Lower House be 
requested to sign the same in behalf of this Assembly ; and 
that His Honor the Deputy Governor, Welcome Arnold, 
John Jenckes, and Joseph Nightingale, Esqs., be, and they 
are, hereby appointed a committee to present the same to 
the Marquis. 

To which address the Marquis de la Fayette returned the 
following answer to wit : 



Amwer from the Maquis de la Fayette to the Address of the 

General Assembly. 

His Excellency the Governor and company of the state of Bhode Island and Proyi- 
dence Plantationsi in Oeneral Assembly convened : 

Grentlemen : — While on this happy period, the fond hope of oar trying times, I 
heartily partake in the common eigoyments, it is a lively pleasure for me to visit this 
state, which, from the sufferings and exertions in the war, must peculiarly feel the 
blessings of a glorious peace. 

In the flattering marks of your approbation, you are pleased kindly to over-rate my 
services, and have done justice to my sentiments. Upon that grateftil confidence in 
your esteem, I presume to utter the wishes of a heart, one of the most sincere and 
affectionate that ever felt for America. May these rising states unite in every 
measure, as they have united in their struggles ; and may their wealth and conse' 
quenoe, so much founded on federal union, baffle the calculations of jealousy, and 
ftilfil the enthusiastic hopes of patriotism. 

During our contest for liberty, when my nation so heartily joined her sovereign 
in the noble concerns, it hath been the lot of the French army and navy to receive 
particular favors in this state; for which they entertain an affectionate sense of 
gratitude. 

To my respectful acknowledgements for your goodness to me, gentlemen, permit 
me to add the tribute of my zealous wishes for the prosperity of your state. 

LA FAYBTTE. 

Whereas, Mr. William Waterman and Esek Hopkins, Esq., 
presented unto this Assembly the following report, upon the 
account of divers persons, for services done in suppressing 
the riot in Glocester, in December, A. D. 1782, to wit : 



1784.] * AND PBOYIDENGB PLANTATIONS. 69 

Report of the Committee appointed by the General Assembly 
upon the account of various persons, for services in suppressing 
a Riot in Ghcester, 



We, the subscribers, being appointed by the Honorable the General Assemblj, at 
Febrnary session last, to examine the account of the aforesaid persons, do report, 
that the sum of thirty pounds sixteen shillings and eleTenpence be i^Uowed and paid 
to the several persons therein named, agreeable to the sums affixed against each man's 
name. WILLIAM WATERMAN, 

ESEK HOPKINS. 

The State of Rhode Island, to William Waterman and Esek Hopkins, Dr. 
To our time and trouble £0 18 

And the said report being duly considered, — 

It is Yoted and resolved, that the same be, and hereby is, 
accepted ; that the sums carried out against the names of 
the respective persons in the said report be allowed to them ; 
that the same be paid by the general treasurer, out of the 
next state tax, to Mr. Asa Hopkins, who is hereby directed 
to pay each individual his proportion thereof; and that the 
sum of eighteen shillings be allowed and paid to the said 
William Waterman and Esek Hopkins out of the general 
treasury, for their services in settling the said account. 

Whereas, it is represented unto this Assembly, that sev- 
eral articles, consisting of books and philosophical apparatus, 
have been lately imported into this state, for the use of 
Providence and Dartmouth colleges^ and that a bell and 
clock have also been imported for the use of the Baptist 
society in Providence ; and application having been made 
to this Assembly that the said articles may be exempted 
firom the impost, — 

It is therefore voted and resolved, that no impost shall 
be exacted on the aforesaid articles ; and that the collector 
of impost for the county of Providence, where the said 
goods were imported, be, and he is, hereby directed to cancel 
any bonds which he may have taken for securing the impost 
on the said articles, when the amount of the invoices are 
ascertained to him. 



70 RECORDS OP THE STATE OF RHODE ISLAND [OcT., 

Whereas, Amy Allen preferred a petition, and represented 
unto this Assenably, that for want of that parental affection 
and regard which is due and commonly manifested from 
parents towards their children, she when an infant was 
abandoned and exposed to the care and nursing of a woman, 
supposed to be her mother, and held as a slave in the family 
in which she was found, who was induced to acknowledge 
her as her child, to which those about her pretended to give 
credit, contrary to the most striking and convincing evi- 
dence ; by which means, in her helpless and infantile years, 
she was exposed to the education and company of the black 
people, and to be bought and sold with her pretended 
mother ; that the person who heretofore held her has lately 
suffered her to be at liberty, but that some weeks past, to 
her great surprise, an execution was served upon her as his 
property, whereby she is in danger of being deprived of 
that liberty she has for some time enjoyed, and which she 
is justly entitled to by the laws of nature, and by birth : 
whereupon she prayed this Assembly to take her distressed 
case into consideration, and pass such an act as will protect 
her in that invaluable privilege, personal liberty, and that 
she may take the family name of Allen, in which she was 
found : and the said petition being duly considered, — 

It is voted and resolved, that this petition be received 
and heard at the present session ; and that Asa Hopkins, at 
whose suit the said Amy was served with the said execu- 
tion, and Samuol Pitcher, her supposed master, be cited to 
appear immediately before this Assembly, to answer the 
same. And a full inquiry being made into the facts stated 
in the said petition, — 

It is further voted and resolved, that the said Amy is 
a white person, and of course was born free ; that therefore 
her being holden as a slave is an unjust deprivation of her 
natural right to freedom ; that she be immediately, and she 
hereby is, restored to the free exercise of all the rights 
and privileges belonging to the natural free-bom citizens of 



1784.] AND PROVIDBNCE PLANTATIONS. 71 

this state ; and that she be empowered to assume the sur- 
name of Allen. 

It is voted and resolved, that the secretary cause a copy 
of the return of the military stores, exhibited by Lieut. Col. 
Flagg, who has the charge of the same, to be made and for- 
warded to the secretary of Congress; and that he inform 
the said secretary, that the aforesaid return contains an 
account of all the public stores, being the property of the 
United States, within this state, that have come to the 
knowledge of the legislature. 

Whereas, this Assembly, at the last session, released to 
some of the heirs of the Honorable Joseph Wanton, Esq., 
deceased, formerly governor of this state, when a colony, 
their proportions or shares of his estate which had been 
confiscated to and for the use of the state; and whereas, 
Benjamin Almy, Esq., who hired the said estate while it was 
confiscated, is indebted for arrears of rent, which ought to 
be paid to the said heirs, — 

It is therefore voted and resolved, that William Bradford, 
Esq., attorney to the said heirs, be, and he is, hereby em- 
powered to receive the lease or leases of the said estate, in 
order to recover the said rents in arrear, for the use of the 
said heirs ; and that when recovered the same be paid to 
them accordingly. 

It is voted and resolved, that the sum of three hundred 
pounds, lawful money, be advanced to Mr. George Gibbs, 
out of the general treasury, on account of his expenditures 
in repairing the state house, in the county of Newport, and 
that he account for the same. 

Whereas, John Jenckes, Archibald Crary, Jonathan Com- 
stock, and Robert Stanton, Esqs., and Mr. Rowland Brown, 
presented unto this Assembly the following report, to wit : 

Report of the Committee appointed ly the General Assemlh/ 

upon the sale of the Point Judith Farm. 

Agreeable to the appointment of the Honorable General Assembly, your committee 
adyertised the farm on Point Judith for sale, on the 18th day of October instant, and 



72 RECORDS OP THE STATE OP RHODE ISLAND [OOT., 

met on the premise*, and sold said form in lots, agreeable to the plat, and herewith 
present the account of sales, amounting to ten thousand one hundred and thirty-six 
pounds one shilling and tenpence halfpenny. 

All which is submitted to the Honorable the General Assembly. 

JOHN JENCKES, ROWLAND BROWN, 

ARCHIBALD CRABY, ROBERT STANTON, 
JONATHAN COMSTOCK, Committee. 

October 28, A. D. 1784. 

The lot No. 6 was struck off to Nathan Kinyon. 
Containing.... 116 1-2 acres. 
Ifarsh 18 1-2 do., and M8th part of an acre. 

180 acres and l-18th, at £1 8s. per acre £962 8 2 1-2 

The lot No. 6 was struck off to John Cooke, Esq. 
Containing. . . . 126 1-2 acres. 
Marsh 18 1-2 do., and l-18tli part of an acre. * 

189 acres and l-18th, at £7 9<. per acre 1,085 19 2 1-2 

The lot No. 4 was struck off to John Cooke, Esq. 
Containing . « . . 189 acres. 
Marsh 18 1-2 do., and l-18th part of an acre. 

152 1-2 acres and l-18th, at £9 7«. per acre 1 ,42C 5 8 1-2 

The lot No. 8 was struck off to Nathan Kinyon. 

Containing 248 acres. 

Marsh 27 do., and l-9th part of an acre. 

270 acres and l-9th, at £12 6«. per acre 8,821 16 5 

The lot No. 2 was struck off to William West, Esq. 
Containing.... 200 acres. 
Marsh 27 do., and l-9th part of an acre. 

227 acres and l-9th, at £7 lOt. per acre 1,708 6 5 

The lot No. 1 was struck off to Nathan Kinyon. 

Containing 200 acres. 

Marsh 27 do., and l-9th part of an acre. 

227 acres and l-9th, at £7 8ff. 6(/. per acre 1,686 5 11 



£10,186 1 10 1-2 



And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted. 

The petition of Samuel Barber,* Jr., now a prisoner in the 
gaol in South Kingstown, preferred unto this Assembly, 
praying that he may be allowed to pay a fine of twenty 
pounds, due to the state, which he is now confined for, in 
treasurer's notes, — being duly considered, — 



1784.] AND PROVIDENCE PLANTATIONS. 73 

It is voted and resolved, that the said Samuel Barber be 
empowered to discharge his fine, by paying the amount 
thereof in the securities issued by the general treasurer of 
this state, provided he pay the costs of the prosecution and 
conviction, and prison fees, in specie. 

Whereas, Mrs. Catharine Tweedy, Mr. Abraham Redwood, 
Jr., and Susannah his wife, all of- the city and county of 
Newport, preferred a petition, and represented unto this 
Assembly, that their honored father, James Honeyman, Esq., 
late of said Newport, deceased, gave unto them and their 
two sisters, Elizabeth Wanton and Penelope Bissett, several 
estates, as tenants in common, to be equally divided between 
them ; and that information was filed against the two quar- 
ter parts thereof, belonging to the said Elizabeth Wanton 
and Penelope Bissett, upon a law of this state, declaring 
the estates of certain persons therein described forfeit, 
which was accordingly condemned to and for the use of this 
state, after the time fixed by the preliminary articles of 
peace, for the cessation of hostilities between Great Britain 
and these states to take place in America, in which it is 
expressly declared no further confiscation should take place : 
whereupon they prayed this Assembly to relinquish all 
claim and demand against the said estates, and that the same 
may be restored and divided between the petitioners and 
the said Penelope Bissett, according to law ; which being 
duly considered, — 

It is voted and resolved, that Mr. Daniel Mason, Mr. Paul 
Allen, the attorney general, Rowse J. Helme, and James M. 
Vamum, Esqs., be, and they are, hereby appointed a com- 
mittee, to inquire into the facts set forth in the said peti- 
tion ; and that they report thereon to this Assembly as soon 

as may be. 

It is voted and resolved, that the act of this General 
Assembly, empowering twenty-one members of the lower 
house, and five members of the upper house, to transact 
business, and declaring that number competent to exercise 

VOL. X. 10 



74 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

the powers of legislation, be, and the same is, hereby re- 
pealed ; and that in future it shall be necessary that there 
be a majority of the members of the lower house, and seven 
members of the upper house, present, (the governor or 
deputy governor being one,) to make and constitute a Gen- 
eral Assembly. 

The petition of Joseph Tanner, of Hopkinton, late a sol- 
dier in the Continental army, preferred unto this Assembly, 
praying that he might be paid the bounty[that still remains 
due to him, being duly considered, — 

It is voted and resolved, that Archibald Crary and Robert 
Stanton, Esqs., be, and they are, hereby appointed a com- 
mittee, to inquire into the facts set forth in the said petition; 
and that they report thereon to this Assembly as soon as 
may be. 

Whereas, Mr. Benjamin Brenton, of Newport, preferred a 
petition and represented unto this Assembly, that he had a 
quantity of stock driven oflF the island of Rhode Island, in 
the year 1776, when the British troops took possession of 
the same ; that he lodged his account with one of the com- 
mittee appointed to take an estimate of the stock then 
driven off the said island, which by some mistake was mis- 
laid ; and thereupon prayed this Assembly to empower the 
said committee to take the same into consideration ; which 
being duly considered, — 

It is voted and resolved, that William Richmond, Stephen 
Potter, and Thomas Holden, Esqs., be, and they are, hereby 
appointed a committee to inquire into the same ; and that 
they report thereon as soon as may be. 

Upon the petition of Mrs. Sarah Wanton, widow of Joseph 
Wanton, Jr., Esq., late of Newport, deceased, preferred unto 
this Assembly, praying that she might have her right of 
dower in the estate of her late husband, which has been 
confiscated by this state ; and that her son, an infant of six 
yeai's old, may have the fee simple of all the remaining 
estate not yet disposed of given him, — 



1784.] AND PROVIDENCE PLANTATIONS. 75 

It is voted and resolved, that Mr. Daniel Mason, Esek 
Hopkins, Rowse J. Helme, Nathan Miller, and Benjamin 
Arnold, Esqs., be, and they are, hereby appointed a com- 
mittee to inquire into the facts set forth in the said petition; 
and that they report to this Assembly, as soon as may be, 
Avhat in justice ought to be done. 

It is voted and resolved, that Joseph Clarke, Esq., general 
treasurer of this state, be, and he is, hereby directed to issue 
his warrants of distraint against the town treasurer of each 
town within the state which shall, at the expiration of thirty 
days from the rising of this Assembly, be deficient in any 
taxes assessed upon them ; and that the said warrants be 
made returnable in ten days from the date. 

Whereas, the general treasurer of this state hath certified 

to this Assembly, that the town of South Kingstown was, on 
the sixteenth day of October inst., deficient in the state tax of 
January, A. D. 1782, eight hundred and eighty pounds eight 
shillings- and ninepence three farthings, lawful money, and 
in the Continental tax of June, A. D. 1782, seven hundred 
and ninety-four pounds nine shillings and one farthing, law- 
ful money ; and whereas, a judgment of court is obtained 
by default against Richard Gardner, the collector of said 
taxes, in the nam6 of the treasurer of the said town, for the 
said deficiency ; wherefore, — 

It is voted and resolved, that the clerk of the inferior 
court for the county of Washington enter up judgment for 
the aforesaid sums, and immediately issue an execution for 
the same, agreeable to law. 

It is voted and resolved, that the delegates representing 
this state in Congress, at their next sitting, be, and they 
are, hereby authorized and empowered to settle with the 
commissioner that is or may be appointed by Congress, for 
the pay due from the United States to the short levies, or 
nine months men, raised in this state for the year 1781 ; 
that the said delegates, or either of them, be, and they are, 
hereby empowered to receive the monies or securities which 



76 RECORDS OP THE STATE OP RHODE ISLAND [OCT.,' 

shall be ordered by Congress in payment of the balances 
which may be due to the said new levies ; and when 
received^ that the said delegates be, and they are, hereby 
directed to transmit the same to the general treasurer of 
this state, in order that it may be paid to the respective 
individuals. 

Whereas, it hath been represented to this Assembly, that 
William Nichols, of West Greenwich, in the county of 
Kent, and president of the town council of the said town 
of West Greenwich, hath conducted himself in a seditious 
manner, and in violation of his allegiance and fidelity to 
this state ; and the same having been fully proved to this 
Assembly, — 

It is voted and resolved, unanimously, that the said Wil- 
liam Nichols be dismissed from his office as president of the 
said town council of West Greenwich ; and that he be, and 
hereby is, declared forever hereafter disqualified from elect- 
ing, or being elected, to any office, civil or military, within 
this state. 

And it is further voted and resolved, that the town clerk 
of the said town of West Greenwich be, and he is, hereby 
empowered to issue his warrant, for convening the freemen 
of the said town in town meeting, as soon as may be, for 
making a choice of a president of the said council, to serve 
the remainder of the present year. 

An Act to incorporate certain persons, by the name of the 
Catholic Congregational Society, in the town and county 
of Bristol, in this state. 

[For the charter at length, see the printed schedule.] 

Whereas, John Brown, Esq., one of the delegates of this 
state, who was requested to proceed to Congress at their 
next adjournment, hath informed this Assembly that it will 
be extremely inconvenient for him to attend, — 



1784.] AND PROVIDENOE PLANTATIONS." 77 

It is therefore voted and resolved, that David Howell, Esq., 
he, and he is, hereby requested to proceed, with William 
Ellery, Esq., to Congress as soon as possible. 

It is further voted and resolved, that the said William 
Ellery and David Howell each receive the sum of ninety 
pounds, lawful money, immediately, out of the general 
treasury, to enable them to defray their expenses. 

Whereas, the city of Newport is entirely destitute of can- 
non and ordnance stores, whereby many foreign vessels 
come into the harbor of Newport, receiving all the advan- 
tages of the light house, and protection of the said harbor, 
without contributing to the support of the said light : where- 
fore, — 

It is voted and resolved, that Caleb Gardner, Esq., and 
Mr. George Champlin be, and they are, hereby appointed a 
committee, to remove to Goat Island, within the said city of 
Newport, such a number of cannon and ordnance stores, as 
will placS the fort on said island in some degree of respec- 
tability ; that they procure an ensign and pendant, with the 
proper apparatus for displaying the same, and make such 
necessary repairs upon the barracks there as will render 
them fit to receive the persons who are to have the care of 
said fort; and that they devise ways and means for the 
future support of the said fort, and lay their accounts, with 
their report, before this Assembly, at the next session. 

Upon Major General Baron Steuben's letter to His Excel- 
lency the Governor, — 

It is voted and resolved, that this Assembly are highly 
sensible of the advantages derived to the United States by 
that spirit of order and discipline which he introduced and 
successfully carried into practice, and which greatly contri- 
buted to the success of pur armies ; that we confide in the 
honor and justice of Congress, and particularly in the atten- 
tion of the delegates of this state, that the high merits, 
peculiar circumstances, and honorable principles upon which 
the Baron Steuben entered into the service of the United 



78 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

States will be, if they have not yet been, attended to ; but that 
of this subject Congress, when assembled, must alone be the 
most competent, and are certainly the only constitutional 
judges ; and that this resolution be communicated by His 
Excellency the Governor to the delegates for this state. 

The account of Mr. Henry Rice, exhibited unto this 
Assembly, for an entertainment ordered by the General 
Assembly on the arrival in Providence of the Honorable 
Major General the Marquis de la Fayette, being duly con- 
sidered, — 

It is voted and resolved, that the amount thereof, being 
thirty-eight pounds seven shillings, lawful money, be allowed 
and paid the said Henry Rice out of the general treasury. 

It is voted and resolved, that Mr. John Manly be, and he 
is, hereby appointed to receive of the executors of the late 
Thomas Veraon, Esq., formerly register of the court of vice 
admiralty in the (then colony, now) state, all the records, 
files of papers, &c., belonging to the said ofl&ce ; and that he 
deliver the same to the secretary of this state. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby empowered and directed to draw orders 
on the collectors of impost for a second year's interest on 
any of the securities of this state, whenever the same shall 
become due, on application from the holders of such securi- 
ties. 

It is voted and resolved, that the sum of one hundred and 
fifty pounds, lawful money, be advanced to Henry Ward, 
Esq., out of the general treasury, on account of his services 
as secretary, and that he account for the same. 

It is voted and resolved, that the sum of sixty pounds, 
lawful money, be advanced to Henry Ward, Esq., out of the 
general treasury, on account of his services as secretary, and 
that he account for the same. 

It is voted and resolved, that Esek Hopkins and Rufus 
Hopkins, Esqs., be, and they are, hereby appointed a com- 
mittee to obtain from the secretary copies of such acts of 



1784.] AND PROVIDENCE PLANTATIONS/ 79 

Assembly relating to the deficiencies in the recruits raised 
for three years, as shall be necessary to enable the general 
treasurer to issue executions, agreeable to the order of this 
Assembly ; and that they transmit the same to him as soon 
as may be. 

It is voted and resolved, that one year's interest be paid 
upon all loan-office certificates issued from the Continental 
loan-office in this state ; likewise that one year's interest be 
paid upon all certificates that have been issued by Edward 
Chinn, Esq., commissioner of accounts ; that Joseph Clarke, 
Esq., the loan officer in this state, give certificates for the 
interest which is thus due ; and that said certificates shall 
be received by the collectors of taxes, in lieu of specie, for 
that part of the tax ordered at last June session for conti- 
nental use. 

It is voted and resolved, that Mr. Caleb Gardner, John 
Topham, Esq., and Mr. Daniel Mason be, and they are, here- 
by appointed a committee, to sell at public or private sale, 
on or before the first day of January next, th^ following 
estates, which have been confiscated to and for the use of 
this state, to wit ; one-eighth part of an acre of land, late 
belonging to Thomas Bannister; all the right of Martin 
Howard, Esq., in the lot of land and dwelling house late 
belonging to Thomas Hazard; a brew house and lot of 
land, late the property of George Rome, all being within the 
city of Newport ; and all the right, interest and property 
which was confiscated to and for the use of this state, in 
the mortgage given by Job Almy to Isaac Lawton, of thirty 
acres of land lying in the town of Middletown, in the coun- 
ty of Newport ; that the same be sold for any notes issued 
by the general treasurer of this state, carrying an interest 
of six per centum ; and that the same be sold at their dis- 
cretion, and the amount of the sales be paid into the gen- 
eral treasury. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby re- 



80 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

ferred unto the next session ; and that this Assembly be, 
and hereby is, adjourned until the last Monday of February, 
A. D. 1785, then to meet at East Greenwich, in the county 
of Kent. 

God save the United States of America. 



Proceedings of the General Asseinbh/ of the State of Rhode 
Island and Providence Plantaiions^ at East Greenwich^ on the 
last Monday in February^ 1785. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

The account of Mr. Caleb Gardner, exhibited unto this 
Assembly, by him charged against the estate of Lynn Mar- 
tin, an al^entee, being duly considered, — 

It is voted and resolved, that the same be allowed ; and 
that the general treasurer be, and he is, hereby directed to 
pay the amount thereof, being two hundred and twenty- 
four pounds, lawful money, to the said Caleb Gardner, by 
giving his promissory note for the said sum, of the like 
tenor with those heretofore ordered to be given in payment 
of debts due from the estates of absentees. 

Whereas, Messrs. Thomas Rumreill, Robert Stevens, Chris- 
topher EUery, John Pitman, Simon Newton, Henry Mar- 
chant, Samuel Vernon, 3d, and William Channing, a com- 
mittee appointed by the Second Congregational Society in 
the city of Newport, preferred a petition and represented 
unto this Assembly, that the said society having early inter- 
ested themselves in the cause of liberty, the British army 
were thence induced, upon taking possession of the island 
of Rhode Island, to convert the meeting house and parson- 
age house belonging to the said society into hospitals, 



1785.] AND PROVIDENCE PLANTATION'S. 81 

whereby the same were in a great measure destroyed ; and 
that the said society, having been great sufferers in the late 
war, are unable to repair the same, and thereupon prayed 
this Assembly to grant them a lottery for raising the sum 
of twelve hundred and fifty dollars, to be appropriated 
towards repairing the said buildings ; and that Messrs. John 
Pitman, Simon Newton, Christopher EUery, Robert Stevens, 
Thomas Rumreill, William Channing, Jacob Richardson, 
Samuel Vernon, 3d, John Topham, Edward Simmons, Sam- 
uel I. Thurston, and William Hammond may be appointed 
managers of the said lottery ; which being duly consid- 
ered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, liereby granted ; that the afore- 
said persons be, and they are, hereby appointed managers 
of the said lottery ; and that they give bond to the general 
treasurer for the faithful performance of their trust. 

It is voted and resolved, that thirty pounds, lawful money, 
be allowed to Peter Barrow, late a soldier in the Rhode 
Island regiment, who was wounded in storming a redoubt 
at the siege of York and Gloucester, in the year 1781; that 
it shall be a full compensation for any claim he may have 
upon account of his aforesaid wound ; and that the same 
be paid him by the general treasurer out of the next ^tate 
tax. 

Whereas, the congregation of the Episcopal Church in 
the town of Providence preferred a petition and represented 
unto this Assembly, that the edifice in which they assemble 
for public worship, and of which they are the proprietors, 
is greatly out of repair, and unless speedily repaired will 
soon be in a ruinous condition ; and that the circumstances 
of the said society are such a« to render it impossible for 
them to cause the necessary repairs to be made ; and there- 
upon they prayed this Assembly to grant them a lottery, 
agreeable to a scheme presented with the said petition, for 
raising the sum of eight hundred dollars, to be applied to 

TOL. X. 11 



I 

82 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

the repairing of the said edifice ; and that Messrs. Cyprian 
Sterry, Jeremiah F. Jenkins^ Lewis Deblois, William Jones, 
and Thomas L. Halsey may be appointed managers of the 
same ; and the said petition being dulj' considered, — 

It is voted and resolved, that the same be, and hereby is, 
granted ; and that the persons therein named be appointed 
managers of the said lottery, they giving bond to the gen- 
eral treasurer in the sum of eight thousand dollars for the 
faithful performance of the trust reposed in them. 

Whereas, there is in the hands of His Excellency the 
Governor a considerable sura of the Massachusetts Sword-in- 
hand money (so called) which is counterfeit; a part whereof 
was uttered and passed by John Hart and Sarah Slocum, in 
the year 1777, together with some other papers, now of no 
use, — 

It is therefore voted and resolved, that the Hon. Jabez 
Bowen, Esq., and Welcome Arnold, Esq., be, and they are, 
hereby appointed a committee to receive the said bills and 
papers; that they make out a list, certifying from whom 
the said bills were received, and lodge the same in the sec- 
retary's office; and that they destroy the said bills and 
papers by burning the same. 

It is voted and resolved, that the sum of thirty-two pounds 
fourteen shillings and fourpence half-penny, lawful money, 
be allowed and paid out of the general treasury, to Mr. John 
Bannister, it being the value of a slave who enlisted into 
the Continental battalions of this state, as he was estimated 
by the committee appointed to appraise slaves enlisting into 
the said battalions, with the interest thereon. 

It is voted and resolved, that the attorney general and 
Rufus Hopkins, Esq., be, and they are, hereby appointed a 
committee to revise the acts and resolves of this Assembly 
passed at February session, A. D. 1782, and. December ses- 
sion, A. D. 1783, for collecting the fines due from the classes 
which were delinquent in raising recruits for the Continen- 



1785.] AND PBOVIDENCE PLANTATIONS, 83 

tal service; and that they prepare a bill for the more speedy 
and effectual collection of the said fines. 

It is voted and resolved, that Henry Marchant, Esq., Mr. 
Paul Allen, and Henry Sherburne, Esq., be, and they are, 
hereby appointed a committee to cause the invalids who 
have been voted on the half-pay list to be enrolled ; and 
that they lay the said enrolment, when completed, before^ 
this Assembly. 

It is voted and resolved, that Henry Marchant, Esq., Mr. 
George Champlin, and Bowse J. Helme, Esq., be, and they 
are, hereby appointed a committee to draught an act, pro- 
viding for the support and maintenance of such negroes as 
were freed upon their enlisting into the Continental bat- 
talions of this state, and have become chargeable ; and that 
they make report to this Assembly as soon as may be. 

It is voted and resolved, that. seventeen pounds sixteen 
shillings and threepence, lawful money, be allowed and paid 
to Mr. William Rodman out of the general treasury; it 
being tlie amount of his account for boarding Mingo Hod- 
man, a negro slave, who was freed upon his enlisting into 
the Continental battalions of this state, seventy-six weeks, 
and for clothing supplied him. 

An Act to incorporate certain persons, by the name of the 
United Congregational Society, in the town of Little 
Compton, in the county of Newport, in this state. 

[For the charter at length, see the printed schedule.] 

Whereas, Mr. Christopher Whipple, a citizen of this state, 
preferred a petition, and represented unto this Assembly, 
that in the year 1783 he made a voyage to the river Mis- 
sissippi, as master of the sloop America, and carried a very 
valuable cargo, which he disposed of. upon credit to the 
inhabitants and traders settlers on the banks of the said 
river; that the tune limited for the payment of the said 
debts having expired, he sent his securities for the same by 



84 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

Capt William Earle, who was not permitted to enter the 
said river ; and that lie is informed that His Most Catholic 
Majesty hath given orders to his governors and officers 
upon the said river, not to permit any American vessel to 
enter the said river to trade : and thereupon the said Chris- 
topher Whipple prayed this Assembly, that letters Recom- 
mendatory may be given by His Excellency the Governor, 
in his behalf, requesting the governors and officers of His 
Most Catholic Majesty to permit him to collect his debts 
and bring his effects from the settlements on the said river; 
and the premises being duly considered, — 

It is voted and resolved, that His Excellency the Gov- 
ernor be, and he is, hereby requested to write such neces- 
sary letters, and give unto the said Christopher Whipple all 
^ proper passports for the obtaining his eflFects as aforesaid : 
provided, nevertheless, that the same be done without any 
expense to the state. 

Whereas, the corporation of the college in this state pre- 
ferred a petition and represented unto this Assembly, that 
John Brown, Esq., treasurer of the said corporation, in re- 
newing the obligations for the college fund in the general 
treasury of this state, not adverting to the time when the 
salaries of the offi(iers of the college became due, took a 
note payable in December, instead of September the third ; 
by means whereof the said officers are rendered incapable 
of receiving their salaries when they become due, and the 
said corporation of adjusting their accounts annually, at the 
time required by their charter ; and thereupon the said cor- 
poration prayed this Assembly to direct the general treas- 
urer to receive back the said note, and to issue a new note, 
payable on the third day of September, including in it the 
other notes of this state, belonging to the said college ; and 
to pay one year's interest on the note so to be given, as 
being du€^ on the third day of September, A. D. 1784, to the 
said John Brown, as treasurer as aforesaid; and the said 
petition being duly considered, — 



1785.] AND PROVIDENCB PLANTATIONS. 85 

It is voted and resolved, that the prayer thereof be, and 
the same is, hereby granted. 

It is voted and resolved, that James M. Varnum, Henry 
Marchant, Samuel Ward, John & Dexter, and Andrew Boyd, 
Esqs., be, and they or the major part of them are, hereby 
appointed a committee to inquire into the circumstances of 
a lottery, heretofore granted for the building a Congrega- 
tional meeting house in the town of East Greenwich ; that 
the said committee call on the directors of the aforesaid 
lottery for a state of their proceedings respecting said lot- 
tery ; and that the said committee make report to this As- 
sembly at the next session. 

An Act for the support of the paupers, who heretofore were slavcfs, and enlisted into 

the Continental battalions. 

Whereas, during the late war, it was thought expedient hy the legislature to raise a 
corpe to serve in the Continental battalions, by enlisting the slaves within this state ; 
and whereas, since disbanding the said corps, many of the said soldiers have become, 
sick, and otherwise unable to maintain themselves ; and As they have gained no legal 
place of settlement, it is necessary that provision should be made fbr their support, 
and that no particular town should be overburthened with them : therefore. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that when and so often as it shall happen, that any Indian, negro, or mulatto, who 
was heretofore a slave, and enlisted into and served in the Continental battalions in 
pay of this state, by virtue of an abt of this Assembly passed at the session in Feb- 
ruary, A. D. 1778, shall become sick, dr otherwise unable to support and maintain 
himself, it shall be the duty of the town council of the town where such Indian, negro 
or mulatto, who was heretofore A slave, and enlisted into the Continental battalions 
as aforesaid, and shall be sick, or otherwise unable to support and maintain himself, 
to direct the overseers of the poor of such town to take care of and provide 
for such sick or poor Indian, negro or mulatto, in the same way, and with the same 
economy and fhigality, as though such Indian, negro, or mulatto was a pauper of the 
said town. And the town council of the town where such Indian, negro or mulatto 
shall he sick, or otherwise become poor, and unable to maintain himself, shall adjust 
the accounts of such overseers of the poor, for the maintenance or support of such sick 
or poor Indian, negro, or mulatto, who was heretofore a slave, and lay the same before 
the General Assembly. And if such accounts are reasonable, just, and right, they 
shall be paid out of the general treasury. 

And be it further enacted, that whenever and so often as it shall happen, that such 
Indian, negro or mulatto shall be supported in any other way than is herein before 
prescribed, it shall be at the proper cost and charge of the person or persons who 
shall keep and provide for him or them. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to issue his executions against 
the treasurers of the several towns which shall be delin- 
quent in the payment of the last state tax, on the first day 



€6 RECORDS OP THE STATE OP RHODE ISLAND [FeB., 

of May next ; and that the said executions be returnable in 
ten days from the said first day of May. 

It is voted and resolved, that thirty-six pounds thirteen 
shillings and fivepence, lawful money, be allowed and paid 
out of the general treasury unto Henry Sherburne, Esq., it 
being the amount of an account, by him exhibited, for his 
service in draughting the acts and orders of the General 
Assembly for the press, &c. 

It is voted and resolved, that one hundred and fourteen 
pounds, lawful money, be allowed to3f r. Benjamin Brenton, 
it being the value of the stock taken from his farm in De- 
cember, A. D. 1776, as estimated by the committee appointed 
for that purpose ; and the general treasurer is hereby direct- 
ed to give his promissory note to the said Benjamin Bren- 
ton for the said sum, payable in the same manner and 
.carrying interest from the same time as those heretofore 
ordered to be given to persons for stock taken from Rhode 
Island. 

It is voted and resolved, that four pounds sixteen shil- 
lings, lawful money, be allowed and paid out of the general 
treasury to Stephen Potter, Esq., in full of an account ex- 
hibited by him for his services as one of the committee for 
valuing stock taken from Rhode Island. 

The resolve of Congress of the third day of Decem- 
ber last, being laid before this Assembly, and duly con- 
sidered, — 

It is voted and resolved, that Charles Hellstedt, Esq., 
therein named, be, and he is, hereby recognized as consul in 
the United States, from His Majesty the King of Sweden ; 
and that the proper notifications be issued agreeable to the 
said resolve. 

It is voted and resolved, that six weeks from the rising 
of this Assembly be, and hereby are, allowed to Messrs. 
John Rice and William Burlingame, to collect and pay into 
the general treasury the deficiency of the taxes committed 
to Abel Bennet, late collector of taxes for the town of Cov- 



1785-3 AND PROVIDENCE PLANTATIONS. 87 

entry, to collect, for whom they were bound ; that if the 
same shall not be then paid, the estates of the said John 
Rice and William Burlingame, which have been attached, 
be sold at public vendue, by the sheriflF of the county of 
Kent, who is hereby fully empowered and directed to bid 
upon the same, in behalf of the state, to the amount of the 
taxes which shall then be in arrear, that the same may be 
discharged as soon as may be. 

It is voted and resolved, that the action commenced in 
the county of. Washington, by the tribe of Indians, against 
Mr. Joseph Clarke, and now pending before the inferior 
court of common pleas in that county, be, and hereby is, 
continued to the term of tl\e said court to be holden in 
August next; and that in the meantime Esek Hopkins, 
John Jenckes, and Joseph Hoxsie, Esqs., be, and they are, 
hereby appointed a committee to run out and ascertain the 
line dividing the lands belonging to the said tribe of Indians 
from the lands belonging to the white inhabitants of Charles- 
town ; and that they make a plat of the same, and the 
boundaries by them established. 



An Act laying a duty upon imported goods, and for collecting certain taxes therein 
enumerated, for the purpose of paying annually this state's proportion of tlio 
national debt and furnishing the treasury with supplies for other purposes. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the following duties and imposts be laid, levied, and collected upon the 
following goods, wares, and merchandise, imported into this state from any foreign 
port, island, or plantation, to wit : 

Upon all rum of Jamaica proof, four-ninetieth parts of a dollar per gallon ; upon all 
other spirituous liquors, three-ninetieth parts of a dollar per gallon ; upon Madeira 
wine, twelve-ninetieth parts of a dollar per gallon; upon all other wines, six-ninetieth 
parts of a dollar per gallon ; upon common bohea tea, six-ninetieth parts of a dollar 
per pound ; upon alUother teas, twenty-four-ninetieths parts of a dollar per pound ; 
upon pepper, three-ninetieth parts of a dollar per pound ; upon brown sugar, one-half 
of one-ninetieth part of a dollar per pound ; upon loaf sugar, two-ninetieth parts of a 
dollar per pound ; upon all other sugar, one-ninetieth part of a dollar per pound ; upon 
molasses, one-ninetieth part of a dollar per gallon ; upon cocoa and coffee, one-ninetieth 
part of a dollar per pound ; and upon all other goods, wares, and merchandise, im- 
ported into this state from any foreign port, island, or plantation, a du^ of five per 
cent, ad valorem, at the time and place of importation. 

And it is further enacted by the authority aforesaid, that a tax of one Spanish 
silver milled dollar upon every hundred acres of land within this state, upon every 



88 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

male poll in the state of twenty-one years of age, and upon every horse or mare of 
two years old and upwards, shall be annually laid, levied, and collected. 

And it is farther enacted by the authority aforesaid, that the collectors of Uie said 
duties upon spirituous liquors, and of the said duty of five per cent, ad valorem on 
goods, wares, and merchandise, shall be appointed by and be amenable to this General 
Assembly, according to the laws of this state ; that the said land tax, the said poll 
tax, and the said tax upon horses, shall be assessed by the assessors of taxes in the 
several towns, on* the second Monday of June annually ; that the said assessors make 
a return thereof to the general treasurer, within twenty days from that time ; that 
the general treasurer shall thereupon issue his warrants to his respective collectors 
for collecting the same, in manner as is by law directed for collecting the taxes 
assessed by this Assembly ; and that the same proceedings be had, in case of de&ult 
of duty in the assessors and collectors, as is by law provided in tlie collection of other 
taxes. 

And it is further enacted by the authority aforesaid, that of the money arising from 
the duties upon imported articles as aforesaid, the sum of eight thousand dollars shall 
be annually appropriated, in the general treasury of this state, for the payment of the 
interest ot this state's proportion of the foreign debt of the United States, and shall 
be paid to the order of the Congress of the United States ; and that the surplus of the 
duties aforesaid, and the amount of the taxes aforesaid, shall be appropriated to the 
payment of the interest of the internal debt of the United States, due within this 
state. 

And it is further enacted by the authority aforesaid, that this act shall be in force, 
and take effect, whenever the other states in the Union shall agree to the impost afore- 
said, to the acceptation of the United States in Congress assembled, and when they 
shall have provided other adequate Amds for completing their respective quotas of 
one million fire hundred thousand dollars, according to the requisition of Congress of 
the eighteenth day of April, A. D. 1788. Provided, however, and upon this express 
condition, that no duties shall be collected upon articles imported into any state, upon 
which the said duties have been paid in any other state; nor shall any duty be im- 
posed by any one state upon the citizens of another state, either upon imported articles 
having paid the duties as aforesaid, or upon any articles of the growth, produce, or 
manufacture of the United States. 

And it is fUrther enacted by the authority aforesaid, that this act shall be in full 
force for the space of twenty-five years, from and after the time it shall first take 
effect, and no longer. 

And it is further enacted by the authority aforesaid, that the laws now in force for 
collecting the duty of two and an half per cent, upon imported articles, shall be and 
remain in fUll force until the further orders of this Assembly. 

• 

It is voted and resolved, that Messrs. . Daniel Mason, 
Esek Hopkins, Rowse J. Heline, Nathan Miller, and Benja- 
min Arnold, who were appointed a committee to examine 
the demands iigainst the estates of Joseph and William 
Wanton, be, and they are, hereby continued a committee 
for the purposes aforesaid ; that they examine the whole 
amount of the said estates that has been sold; and that 
they make report as soon as may be. 



1785.] AND PROVIDENCE PLANTATIONS. 89 

It is voted and resolved, that Messrs. Henry Marchant, 
Bowse J. Helme, Paul Allen, Archibald Crary, and Nathan 
Miller be, and they are, hereby appointed a committee to 
draught an act, laying aa additional duty upon hats, shoes, 
boots, and such other articles of foreign manufacture as may 
be manufactured to advantage within this state ; and that 
they make report to this Assembly at the next session. 

An Act for compelling the delinquents in procuring recruits to pay their fines. 

Whereas, certain classes, to wit : one in Warwick, two in North Kingstown, four in 
South Kingstown, one in Smithfield, seven in Scituate and Foster, two in West Green« 
wich, seren in Exeter, and one in Hopkinton did not procure the recruits assigned 
them, to serve in the army of the United States, pursuant to an act of Assemblj 
made in November, A. D. 1780, nor paid the sum of ninety pounds, silver money, in 
lieu thereof, in pursuance of an act passed in May last : and whereas, in and by the 
first mentioned act, the persons hereaAer named were appointed committees to class 
the inhabitants of their respective towns, and to make assessments on the classes fi)r 
defraying the expenses of procuring the said recruits, to wit : for Warwick, Messrs. 
John Waterman, Robert Rhodes, Job Randall, Squire Millard, and Thomas Rice ; for 
North Kingstown, Messrs. John Allen, John Cotterell, and Job Card; for South 
Kingstown, Messrs. Carder Hazard, Thomas Potter, Jr., John Gardner, Robert 
Brown, and Samuel Babcock; for Smithfield, Messrs, Andrew Waterman, Daniel 
Mowry, 4th, Edward Thompson, Peleg Arnold, William Aldrich, and Sylvanus 
Bncklin ; for Scituate, Messrs. Stephen Kimbal, Joseph Knight, Samuel Wilbur, 
Isaac Hopkins, and Simeon Herrenden ; for West Greenwich, Messrs. Thomas Gor- 
ton, Joseph Hopkins, Samuel Hopkins, Jr., Thomas Joslyn, and Jonatlian Niles ; for 
Exeter, Messrs. Pardon Tillinghast, Daniel Sunderlin, and Samuel Gorton ; and for 
Hopkinton, Messrs. Edward Wells, John Maxson, Samuel Babcock, William Thurs- 
ton, Robert Burdick, and Thomas Wells, 2d. 

It is therefore voted and resolved, that the said committees make a return to the 
general treasurer, on or before the first day of Aril next, of the names of the sherifib, 
deputy sheriflb, or collectors, who have received the assessments on the several classes 
made by them, agreeable to an act of Assembly passed at February session, A. D. 
1782 ; that in case the said assessments have not been made and delivered to any 
officer to collect, then the said committees shall return the names of the heads of the 
delinquent classes to the general treasurer, who shall thereupon issue his warrant 
agkinst such delinquent officer, or head of such delinquent class, returnable on the 
first day of May next, directed to the sherifi'of the county, or to his deputy, in which 
such delinquent person resides, commanding him to levy and collect the sum or sums 
for which he is delinquent, of the goods and chattels of such delinquent person, and 
lor want thereof to commit the said delinquent person to gaol, there to remain until 
the sum or sums due as aforesaid shall be paid; and that if the said committees shall 
neglect to make return of the persons delinquent as aforesaid to the general treasurer, 
within the time aforesaid, then the general treasurer shall issue his warrants in man- 
ner as aforesaid, ugainst such delinquent committees, for collecting tlie sums deficient 
and due as aforesaid. 

And whereas, the town of Glocester is deficient one recruit of the number appor- 
tioned to the said town as aforesaid, — 

VOL. X* 12 



90 RECORDS OF THE STATE OP RHODE ISLAND [FeB., 

It is therefore farther voted and resolved, that if the town treasurer of the said town 
shall neglect to pay into the general treasury the said sum of ninety pounds, within 
thirty days from the rising of this Assembly, then the general treasurer shall issue his 
warrant in manner as aforesaid, against the said town treasurer, returnable on the 
said Arst day of May nesEt, 

It is further voted and resolved, that the public^securities of this state, carrying an 
interest, be received in payment for the sums due as aforesaid. Provided, neverth^ 
less, that tjie iponey already collected be paid into the general treasury, in gold or 
silver ; and interest shall be paid on the sums due as aforesaid, from such delinquent 
persons, from the time the same became due. 

It is ordered, that copies of this act be transmitted to the general treasurer, to each 
of the aforesaid cpmpaittees, and to the town treasurer of the town of Glocester. 



An Act vesting Congress with the power of regulating foreign trade. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that the delegates of this state in Congress assembled be, and they are, hereby author- 
ized and empowered, in the name and behalf of this state, to agree to and ratify any 
article or articles by which the United States, in Congress assembled, shall be empow- 
ered to regulate, restrain or prohibit the importation of all foreign goods, in any ships 
or vessels other than those owned by the citigens of the United States or any of them, 
and navigated by seamen citizeqs of the United States, or such proportion of citizens 
of the United States, or any of them, as from time to time may be agreed upon by 
nine states in Congress assembled. And the article or articles containing the powers 
aforesaid, or a power substantially the same, when agreed to by all the other states in 
the Union, shall be in force twenty-five years, and no longer. 

Whereas, Caleb Gardner, Esq., Mr. Daniel Mason, and 
John Topham, Esq., presented unto this Assembly the fol- 
lowing report, to wit : 

Report of the Committee appointed by Hie General Assembb/ 
relative to the sale of certain confiscated estates. 

We, the subscribers, having in pursuance of our appointment made sale of a certain 
lot of land, late belonging to Thomas Bannister, and of a lot and brew-house, late 
the property of George Rome, beg leave to report, that the same were sold at public 
vendue : the lot late belonging to Thomas Bannister, to Mr. Daniel Vaughan, for one 
hundred and fifty pounds, lawful money ; .and the lot and brew-house, late George 
Rome's, to Mr. Caleb Gardner, for two hundred and seventy pounds, lawful money, 
which sums your committee have paid into the general treasury. Your committee 
not having been able to ascertain the amount of tlie mortgage of a lot of land made 
by Job Almy to Isaac Lawton, nor of the mortgage of the house and lot of Thomas 
Hazard to Martin Howard, have not as yet made sale thereof. 
All which is submitted by your humble servants, 

CALEB GARDNER, 
DANIEL MASON, 
JOHN TOPHAM, 

Committee. 



1785.] AND P&OVIDENCB PLANTATIONS. 91 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said committee lease the aforesaid 
mortgaged estate of the said Job Almy for the ensuing 
year. 

It is voted and resolved, that the certificates received 
from the treasurer of the United States, in payment of the 
wages due to the nine months levies, be delivered to Lieut 
Colonel Jeremiah Olney, and that he pay the same to the 
several individuals to whom it is due, or to their represen- 
tatives. 

It is voted and resolved, that eleven pounds fourteen 
shillings, lawful money, be allowed and paid out of the gen- 
eral treasury to Esek Hopkins, Esq., it being the amount of 
an account by him charged against the state, for his services 
as one of the committee for settling the depreciation ac- 
counts of this state's brigade. 

It is voted and resolved, that six pounds twelve shillings, 
lawful money, be allowed and paid out of the general treas- 
ury to Benjamin Bourne, Esq., it being the amount of an 
account by him exhibited for his services as one of the com- 
mittee for settling the accounts of depreciation with this 
state's brigade. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and hereby is, adjourned to the Monday next preceding the 
first Wednesday in May next, then to meet at the state 
house in Newport ; but if not called before, nor at that time^ 
then this Assembly be, and hereby is, dissolved. 

God save the United States of America. 



92 



RECORDS OF THE STATE Ot RHODE ISLAND- 



[Mat, 



Proceediiigs of the Oeneral Assembly of the State of Rhode 
Island and Providence Plantations^ at Netvportj on the first 
Mondoff in May, 1785. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

' ASSISTANTS. 

Welcome Arnold, Esq., William Hammond, Esq., 

Thomas Wells, Esq., Gideon Clarke, Esq., 

Richard Searle, Esq., Thomas G. Hazard, Esq., 

Gideon Mumford, Esq., John Cooke, Esq. 

John Smith, Esq., of Glocester. 



DEPUTIES. 



Newport. 
George Hazard, Esq., 
Henry Marchant, Efeq., 
George Champlin, Esq., 
John Topham, Esq., 
Mr. Peleg Clarke, 
Mr. Daniel Mason, 
Providence. 
John Jenckes, Esq., 
Mr. Paul Allen, 
Charles Keene, Esq., 
Jeremiah Olney, Esq. 

Portsmouth. 
Mr. Holder Chace, 
John Thurston, Esq., 
Benjamin Hall, Esq., 
Mr. Benjamin BrownelL 



Wanoich 
Mr. Thomas Remington, Jr., 
Benjamin Arnold, Esq., 

Westerlff. 
Joseph Noyes, Esq., 
Mr. Walter White. 

New Shoreham. 
Mr. Edward Sands, 
Mr. William Littlefield. 

North Eingstown. 
Mr. Ezekiel Gardner, Jr., 
Mr. John Allen. 

South Kingstown. 
Rowse J. Helme, Esq., 
Mr. Rowland Brown. 

East Greenwich, 
Archibald Crary, Esq., 
Benjamin Tillinghast, Esq. 



1785.] 



AND PBOVIDENCE PLAOTATtONS. 



93 



JamestotvTi. 
Bowland Bobinson, Esq., 
Mr. Samuel Carr. 

Smithfield. 
Mr. Stephen Arnold, Jr., 
William Aldrich, Esq. 

Seituate. 
Rufus Hopkins, Esq., 
William West, Esq. 

Glocester. 
Daniel Owen, Esq., 
Mr. Simon Smith. 

Charkstotm. 
Joseph Stanton, Jr., Esq., 
James Congdon, Esq. 
West Greemvich. 
Samuel Hopkins, Esq. 
Pardon Tillinghast; Esq. 

Mr. Jeremiah Fepn6r, 
Isaac Johnson, Esq. 

* Ex€tet\ 
Mr. Hopson Wilcox, 
Mr. Job Wilcox. 

Middldown. 
Mr. Nicholas Easton, 
Mr. Thomas Coggeshall. 

BridoL 
William Bradford, Esq., 
Mr. Stephen Smith. 

IHverton. 
Mr. Nathaniel Briggs, 
Mr. Benjamin Howland. 



The Hon. William Bradford, Esq., speaker, and Benjamin 
Bourne, Esq., clerk. 



Little Compton. 
Mr. William Ladd, 
Mr. William Brown. 

Warren. 
Nathan Miller, Esq., 
Robert Carr, Esq. 

Cumberland, 
James Lovett, Esq., 
Jotham Carpenter, Esq. 

Richmond. 
James Sheldon, Esq., 
Mr. Thomas James. 

Cramton. 
William Field, Esq., 
Israel Gorton, Esq. 
Hopkinton. 
Mr. Oliver Davis, 
Mr. Thomas Wells, 2d. 

Johnston. 
Peleg Williams, Esq., 
Mr. Isaac Fisk. 

North Providence. 
Esek Hopkins, Esq., 
Mr. Edward Smith. 
Barrington. 
Josiah Humphrey, Esq., 
Samuel Allen, Esq. 

Foster. 
John Williams, Esq., 
William Tyler, Esq. 



94 RECORDS OF THE STATE OF RHODE ISLAND [MaT 

Henry Ward, Esq., secretary. 

William Channing, Esq., attorney general. 

Joseph Clark, Esq., general treasurer. 

DELEGATES TO REPRESENT THE STATE IN CONGRESS. 

The Honorable John Brown, Esq. 
The Honorable George Champlin, Esq. 
The Honorable Paul Muraford, Esq. 
The Honorable Peter Phillips, Esq. 

It is voted and resolved, that the election of the justices 
of the superior court of judicature, court of assize and gen- 
eral gaol delivery be, and the same is, hereby postponed 
until the next session; and that the present justices of the 
said court be continued in their offices till the rising of this 
Assembly at the said session. 

Both houses being joined in a grand committee, proceed- 
ed upon the election and chose the following gentlemen, 
to wit: 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

William Richmond^ Esq., chief; Christopher EUery, Esq., 
second ; Timothy Waterhouse, Esq., third ; Thomas Shear- 
man, Esq., fourth ; Henry Bliss, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Bichard Steere, Esq., chief; Jeremiah Whipple, Esq., 
second ; Caleb Aldrich, Esq., third ; Caleb Fiske, Esq., fourth; 
Caleb Harris, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Carder Hazard, Esq., chief; Edward Perry, Esq., second ; 
Joseph Hoxsie, Esq., third; Robert Stantop, Esq.) fourth; 
Sylvester Gardner, Esq., fifth. 



1785.] . AND PROVIDENCE PLANTATIONS. 95 

JUSTICES OP THE COURT OP COMMON PLEAS, FOR BRISTOL COUNTY. 

John Child, Esq., chief ; John Usher, Esq., second ; Wil- 
liam T. Miller, Esq., third ; Elkannah Humphrey, Esq., 
fourth ; John Waldron, Esq., fifth. 

JUSTICES OF THE COURT OP COMMON PLEAS, FOR KENT COUNTY. 

Stephen Potter, Esq., chief; Rufus Spencer, Esq., second; 
Thomas Rice, Esq., third; Thomas Gorton, Esq., fourth; 
William Greene (son of Philip) Esq., fifth. 

JUDGE OP THE COURT OP ADMIRALTY. 

John Foster, Esq., Judge of the maritime court erected 
for the trial of prize causes, within and throughout the 
state. 

SHERIFFS OP THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Ephraim Boweii, Jr., Esq. 
Washington County — Beriah Brown, Esq. 
Bristol County — Richard Smith, Esq. 
Kent County — Richard Pry, Esq. 

Thomas Rumreill, Esq., intendant of trade for the port of 
Newport. 

Henry Ward, Esq., intendant of trade for the port of 
Providence. 

Jonathan Russell, Esq., intendant of trade for the port of 
Bristol. 

Stephen Mumford, Esq., intendant of trade for the port 
of Greenwich. 

Robert Crooke, Esq., collector of impost for the county 
of Newport 

Esek Hopkins, Esq., collector of impost for the county of 
Providence. 

George Thomas, Esq., collector of impost for the county 
of Washington. 



• 



96 RECORDS OF THE STATE OF RHODE ISLAND [MaT^ 

William Barton^ Esq., collector of impost for the county 
of Bristol. 



FIELD OFFICERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

James Mitchel Yarnum, Esq., major general of the militia 
of the state. 

Nathan Miller, Esq., brigadier general of the militia of the 
counties of Newport and Bristol. 

Christopher Lippitt, Esq., brigadier general of the militia 
of the county of Providence. 

Joseph Stanton, Jr., Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

Christopher Olney, Esq., lieutenant colonel commandant 
of the first regiment of militia in the county of Provi- 
dence. 

John Gavet, Esq., lieutenant colonel commandant of the 
first regiment of militia in the county of Washington. 

John Dexter, Esq., lieutenant colonel commandant of the 
first regiment of militia in the county of Kent. 

Coggeshall Olney, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Provi- 
dence. 

Charles Dyre, Esq., lieutenant colonel commandant of the 
second regiment of militia in the county of Washington. 

Archibald Kasson, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Kent 

Stephen Kimball, Esq., lieutenant colonel commandant of 
the third regiment of militia in the county of Providence. 

Thomas Potter, Jr., Esq., lieutenant colonel commandant 
of the third regiment of militia in the county of Wash- 
ington. 

Stephen Winsor, Esq., lieutenant colonel commandant of 
the fourth regiment of militia in the county of Provi- 
dence. 



1785-] AND PROVDDENCE PLANTATIONS. 97 

John Whipple, Esq., major of the first regiment of militia 
in the county of Providence. 

Joel Aldrich, Esq., major of the second regiment of militia 
in the county of Providence. 

George Dorrance, Esq., major of the third regiment of 
militia in th^ county of Providence. 

Samuel Mayes,. Esq., major of the fourth regiment of 
militia in the county of Providence. 

George Stillman, Esq., major of the first regiment of mili- 
tia in the county of Washington. 

Jonathan Bates, Esq., major of the second regiment of 
militia in the county of Washington. 

Samuel Potter, Esq., major of the third regiment of mili- 
tia in the county of Washington. 

Job Randall, Esq., major of the first regimfent of militia 
in the county of Kent. 

Thomas Gorton, Esq., major of the second regiment of 
militia in the county of Kent. 

Simeon Thayer, Esq., lieutenant colonel commandant of 
the senior class regiment of militia in the county of Provi- 
dence. 

William Aldrich, Esq., major of the senior class regiment 
of militia in the county of Providence. 

Robert Carr, Esq., major of the senior class regiment of 
militia in the county of Bristol. 

Archibald Crary, Esq., adjutant general of the militia in 
this state. • 

Ephraim Bowen, Jr., Esq., quartermaster general of the 
militia in this state. 

Charles Holden, Jr., Esq., commissary general -- of the 
militia in this state. 

Isaac Senter, Esq,, physician and purveyor general of thq 
militia in this state. 

In council was read the following return of the officers 
chosen to command the united company of artillery in the 
town of Providence, for the year ensuing, to wit : 

VOL. X. 13 



98 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Daniel Tillinghast, Esq., colonel ; Levi Hall, Esq., lieutenant 
colonel; Robert Taylor, Esq., major; Gershom Jones, captain; 
Isaac Barker, lieutenant : which being duly considered, — 

It is voted and resolved, that the said officers be, and 
they are, hereby approved. 

It is voted and resolved, that the petition of Thomas 
Gould, Jr., preferred unto this Assembly, and praying that 
an allowance may be made him for forty-five shgep taken 
from him in the year 1776, by order of government., be, 
and the same is, hereby referred to the determination of 
Messrs. George Champliri and John Thurston ; and that they 
make report thereof to this Assembly as soon as may be. 

It is voted and resolved, that Messrs. Henry Marchant, 
Paul Allen, Rowse J. Helme, and Archibald Crary be, and 
they are, hereby appointed a committee to take into con- 
sideration the petition of the artificers of the city of New- 
port, to draught an act agreeably thereto, and make report 
thereof to this Assembly as soon as may be. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to give his note, payable on 
demand, with interest, to Mrs. Esther Gardner, for the sum 
of eight pounds, lawful money, it being reported by the 
committee appointed for that purpose to be in full for a 
cedar boat and nine oars belonging to Mr. Silas Gardner, 
taken into public service in the year 1777 ; and that the 
same be charged to the United States. 

It is voted and resolved, that sixteen pounds sixteen shil- 
lings, lawful money, be allowed to Mr. Giles Slocum, it being 
reported to be due to him for stock drove oflf his estate in 
December, 1776 ; and that the general treasurer give his 
note for the same, payable on demand, with interest. 

An Act to incorporate certain persons, by the name of the 
Amicable Congregational Society, in the town of Tiver- 
ton, in the county of Newport, in this state. 

[For this charter at length see printed schedule.] 



1785.] AND PROVIDENCB PLANTATIONS. 99 

Whereas, Messrs. Henry Sherburne and Paul Allen pre 
ferred unto this Assembly the following report, to wit : 

lieporl of the dmimittee ^appointed hy the General Assemhh/ 

relative to allowances to cedain invalids. 

In obedience to our appointment, we have examined into the nambet of persons 
entitled to receive half-pay for life, wlio were wounded or disabled in this state's ser- 
Tice, do report^he following persons as suitable objects to receive the said half'-pay, 
to wit : 

John Anthony, paid to tlie first day of February, A. D. 1785, at twenty shillings 
per month. 

George Lawton, paid to the first day of February, A. D. 1786, at twenty shillings 
per month. 

Comfort Bishop, paid to the first day of January, A. D. 1786, at twenty shillings 
per month. 

Job Greenraan, paid to the fourth day of May, A. D. 1784, at twenty shillings per 
month. 

Joseph Button, paid to the sixteenth day of May, A. D. 1784, at twenty shillings 
per nuenth. 

Edward Peirce, paid to the fifteenth dHy of December, A. D. 1784, at thirty shil- 
lings per month. 

Ezra Chace, paid to the fourth day of May, A. I). 1784, at twenty shillings per 
month. 

Uriah Stone, paid to the fourth day of May, A. D. 1784, at thirty shillingps per 

month. * 

AU which is submitted by HENRY SHERBURNE, 

PAUL ALLEN, 

Committee. 
Newport, May 6, 1786. 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
that the secretary cause a copy thereof to be sent to the 
general treasurer, who is hereby directed to pay to the sev- 
eral individuals their half-pay in arrear to the fourth day of 
May instant ; and that in future he pay them their half-pay 
quarterly, as the same shall become due. 

Whereas, it appears that the general treasurer has issued 
his execution, pursuant to an act of this Assembly, against 
the committee for classing the inhabitants of the town of 
Scituate, for raising recruits in the said town : and whereas, 
it since appears, that the committee against whom the said 
execution was directed to be issued, made due return to 



100 RECORDS OP THE STATE OF RHODE ISLAND [MaY, 

John Cole, then collector of the several assessments against 
the respective classes in the said town, — 

It is therefore voted and resolved, that the aforesaid exe- 
cution, issued against the said committee, be returned into 
the general treasurer's office, and that all proceedings which 
may have been had thereon be rendered null and void ; 
that the general treasurer immediately issue an execution 
of the same tenor with the one hereby ordered, to be re- 
turned, against the said John Cole, as collector as aforesaid, 
for the collecting of the fines of delinquent classes in the 
said town; and that the said execution be returnable in 
sixty days from the date thereof 

Whereas, the committee for classing the inhabitants of 
the town of South Kingstown have been committed to gaol 
by the sheriflf of the county of Washington, upon an exe- 
cution issued by the general treasurer, and have given bonds 
and come out; and as it is suggested that said execution 
issued through mistake, — 

It is therefore voted and resolved, that the said bonds, 
given unto the said sheriff for the liberty of the house, be 
null and void ; that Rufus Hopkins, Archibald Crary, and 
William Channing, Esqs., be, and they are, hereby appointed . 
a committee to inquire into the delinquent classes in the 
said town, if any, and that they make report to this Assem: 
bly as soon as may be, who are the proper persons against 
whom the executions, if any, should issue. 

Whereas, the committee for classing the inhabitants of 
the town of Smithfield preferred a petition and represented 
unto this Assembly, that agreeably to the act of this Assem- 
bly they assessed the sum of ninety pounds upon the class 
which was deficient in the said town, which assessment was 
delivered to Hezekiah Sprague, collector of taxes, and by 
him collected ; that they were not informed of the act of 
this Assembly, passed at the session in February last, by 
neglect of the person to whom it was delivered, until April 
following, when they were excluded from making a return 



1785.] AND PROVIDENCE PLANTATIONS. 101 

agreeably thereto ; and thereupon prayed that the execu- 
tion which has issued against them may be recalled : and 
the premises being duly considered, — 

It is voted and resolved, that the said execution, issued 
iigainst the said committee, be returned to the general 
treasurer's office, that all proceedings had thereon be null 
and void; that an execution issue against the said Hezehiah 
Sprague, and his real estate, for the collecting of the fine 
assessed against the said delinquent class ; and that the said 
execution issue in ten days, and be returnable in sixty days 
from the date. 

Whereas, the committee for classing the inhabitants of 
the town of Warwick preferred a petition and represented 
unto this Assembly, that pursuant to an act of this Assem- 
bly, passed at the session in February last, they have been 
served with an execution for a sum of money due from a 
delinquent class in the said town ; that in May, A. D. 1782, 
they granted a warrant to the sherifi* to collect the money 
due from the said delinquent class, and before he had exe- 
cuted the same, two of the principal men in the said class 
petitioned this Assembly to be excused from their delin- 
quency, which petition was received, and warrant ordered 
to be stayed until it- could be heard before them, the said 
committee ; that they took the same into consideration, and 
reported to this Assembly, at the session in June, A. D. 1782, 
to which report they beg leave to refer ; that they conceive 
it was through mistake that execution was issueid against 
them, as they had made return of the officer who had the 
a^essment, agreeably to an act passed at the session in 
November, A. D. 1782 ; and thereupon they prayed this 
Assembly for relief: and the premises being duly consid- 
ered, — 

It is voted and resolved, that the assessment made against 
the said delinquent class be again referred to the consid- 
eration of the said committee, the petitioners, who are here- 
by empowered to mitigate the said assessment, if they see 



102 RECORDS OF THE STATE OP RHODE ISLAND [MaY, 

fit ; that if they shall assess a less sum than ninety pounds 
against the said class^ the deficiency shall he paid into the 
general treasurjr by the town of Warwick ; that the said 
committee make the said assessment within thirty days 
from the rising of this Assembly, and commit the same to 
the sheriff of the county of Kent, or either of his deputies, 
to collect, who are hereby empowered to collect the same 
from the said delinquents, or their estates, or the estates in 
their possession when the said first assessment was made ; 
and if the sum so assessed shall be short of the aforesaid 
sum of ninety pounds, the said sheriflF, or his deputy, shall 
collect the deficiency from the town treasurer of the said 
town. 

It is further voted and resolved, that the said committee 
make return to the general treasurer of the sum assessed 
against the said class, and in case of deficiency against the 
said town ; and that if the said sum or sums so assessed 
shall not be paid into the general treasury within sixty days 
from the rising of this Assembly, the general treasurer be, 
and he is, hereby directed to issue his execution against the 
said sheriff, returnable in thirty days. 

Whereas, Mr. John Manley presented to this Assembly 
the following report and account, to wit : 

Report of John Maiiley to the General Assemhly relative to receiv- 
hig the records of the Court of Vice Admiralty. 

Agreeably to your Honors' appointment at October session, A. D. 17S4, for receir- 

iog the records of the court of vice admiralty , from the executor of the late Thomas 

Vernon, Esq., deceased, and formerly register of said court, I have now to inform 

your Honors I have again waited upon the executor, and have received from him one 

box and a bag of papers, which both he and Mrs. Vernon (widow of the said Thomas 

Vernon) assure mc are all the records, files of papers, &c., that belonged to the said 

court of vice admiralty ; and I have delivered the same into the secretary's office, 

agreeably to your Honors' resolve. The receipt from the secretary of the delivery of 

said records, together with the expense arising thereon, I have hereunto annexed, 

which I hope will meet your Hoaor's approbation, and in the meantime will bog leave 

to subscribe myself, Your Honors' most humble servant, 

JOHN MANLEY. 
Newport, May 4, A. D. 1785. 

State of Rhode Island, &c., to John Manley, Dr. 

To my time, expenses, &c., in performing tlie above service XI 14 6 



1785.] AND PROVIDENCE PLANTATIONS. 103 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
that the said account be allowed, and that the amount 
thereof, being one pound fourteen shillings and sixpence, 
lawful money, be paid to the said John Manley, out of the 
general treasury. 

It is voted and resolved, that the petition of Mr. Zac- 
cheus Chase, preferred unto this Assembly, respecting stock 
taken from his estate in the year 1776 be, and the same is, 
hereby referred to Messrs. George Champlin, Rowse J. 
Holme, and John Thurston ; and that they make report to 
this Assembly at the next session. 

It is voted and resolved, that William Richmond, Esq., be, 
and he is, hereby added to tbe committee appointed at the 
present session, to appraise the stock of Messrs. Thomas 
Gould and Zaccheus Chace, for which they have petitioned 
this Assembly to makie them compensation. 

It is voted and resolved, that Messrs. Daniel Mason, 
John Jenckes, William Channing, and Henry Goodwin be, 
and they are, hereby appointed a committee to draught a 
bill for laying a duty in addition to the duty or impost 
already laid upon all goods, wares or merchandise of foreign 
growth or manufacture, imported into this state in British 
bottoms ; and that they make report to this Assembly as 
soon as may be. 

Whereas, it is represented to this Assembly, that it is 
very inconvenient and difficult for the sheriffs to collect the 
exact amount of the executions issued against delinquent 
classes in raising recruits, pursuant to a resolve of this As- 
sembly, passed at the last session, in public securities ; and 
whereas, such delinquent classes are ready to pay such exe- 
cutions, provided they^ can receive the balance due on such 
certificates as they are possessed of, — 

It is therefore voted and resolved, that in case the securi- 
ties brought to the general treasury in payment of the said 
executions exceed the amount thereof, the general treasurer 



104 RECORDS OP THE STATE OF RHODE ISLAND [MaY, 

be, and he is, hereby directed to give his notes for the 
balances due to the holders or owners of such securities ; 
and that said notes be of the same tenor with the securities 
received in discharge of said executions. 

Whereas, there are many inconveniences arising to the 
town of Providence from the present mode of conducting 
the office of vendue master, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that the town 
of Providence be. and hereby is. fully empowered to make 
such laws and regulations as to them shall seem meet and 
fit respecting the mode of conducting vendues in the said 
town, in all cases whatever; and that they have power to 
fix and ascertain the commissions that shall be received by 
all persons that sell goods at vendue ; any act to the con- 
trary notwithstimding. 

It is voted and resolved, that forty-five pounds three shil- 
lings and sixpence, lawful money, be allowed and paid out 
of the general treasury, to James Lovett, Esq., it being, as 
reported by the auditor, the amount of a certificate given 
him for a slave enlisted into the Continental service in the 
year 1778, by the committee appointed to value slaves so 
enlisting ; together with compound interest thereon. 

An Act to prevent the collectors of taxes from depreciating 
the drafts by order of the General Assembly, drawn upon 
the general treasury. 

[For this act at length, see printed schedule.] 

An Act in addition to nn Act entitled " An Act in amendment of and addition to an 
Act for leyying an impost of two per centum ad valorem upon certain articles 
therein enumerated, for the purpose of paying the annual interest arising upon 
the public securities of this state." 

Be it enacted by this General Assembly, and by the authority tliereof it is enacted, 
that all Tessels coming into any of the ports within this state shall make report witliin 
twenty-four hours after their arrival, to the impost and intendant's offices; and shall 
lodge a manifest of tlieir cargoes under oath at the impost office, and their ship's 
papers at the intendant's office, under the penalty of twenty -five pounds, lawful money, 
to and for the use of this state, for every twenty-four hours they shall neglect so to 
do; to be recovered by bill, plaint or information, in a special court of record in this 



1785.] AND PROVIDENCE PLANTATIONS. 105 

state, to be called tor that purpose, in like manner as other penalties are to be recov- 
ered bj the said act. 

And be it further enacted by the authority aforesaid, that upon suspicion of any 
vessel having broken bulk before entry made, it shall and may be lawM for the col- 
lector of impost or intendant of trade to eo on board such vessel and examine the 
hold, and take with them proper assistance therefor. 

And be it fVirther enacted, that all foreign vessels clearing out or passing from this 
state to any port of the United States, shall not be considered as coasters in payment 
of Ught-money ; and that this act shall take place in ten da3's from the rising of this 
Assembly. 

It is voted and resolved, that the light money to be re- 
ceived by the several intendants of trade in this state, in 
future be as follows, to wit : That eight pence per ton be 
received on all foreign bottom^; that four pence per ton be 
received from the inhabitants of this state and the United 
States, upon all ships or vessels 'belonging unto them, that 
are employed on foreign voyages ; and that two pence per 
ton be received upon all ships or vessels employed between 
the different ports within the United States, whether the 
same belong to the inhabitants of this or any other of the 
United States. 

Whereas, Henry Marchant and William Channing, Esqs., 
presented unto this Assembly the following report, to wit : 

Report of the Committee appointed hy the General Assemhb/ 

relative to a certain confiscated estate. 

The subscribers having been appointed by the Honorable Assembly to inquire into 
the facts set forth in a petition preferred by the executors of Jane Eustis, deceased, 
relating to a house in Newport, confiscated as the estate of Sampson Salter Blowers, 
beg leave to report, that the said Jane Eustis, in her last will and testament, gave and 
devised several legacies to different persons, and the residue and remainder of her 
estate, real, personal, and mixed, unto Sarah Kent, now the wife of the said Blowers ; 
that after the decease of the said Jane, in the year 1772, her executors, for the benefit 
of her estate, purchased a mortgage on the premises, for the consideration of five hun- 
dred and eighty-seven Spanish milled dollars and twenty hundredths of a dollar, of 
one William Provost, as set forth in the petition of the executors. 

All which is submitted by your Honors' obedient servants, 

HENRY MARCHANT, 
WILLIAM CHANNDiTG. 

And the said report being duly considered, — 

VOL. X. 14 



106 RECORDS OF THE STATE OF RHODE ISLAND [MaT^ 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said estate be restored to the pos- 
session of the petitioners, in their said capacity as executors 
as aforesaid. 

It is voted and resolved, that the general treasurer be^ 
and he is, hereby ordered and directed, in the payment of 
interest on loan-oflfice certificates, bearing date between the 
firat day of September, A. D. 1777, and the first day of 
March, A. D. 1778, to calculate no depreciation on such cer- 
tificates, but consider them at par, and issue his certificates 
for interest on such loan-office securities ^as at par. 

It is further voted and resolved, that the general treas- 
urer be, and he is, hereby empowered and directed to issue 
certificates to the holders of such securities for the differ- 
ence between their being valued at par, and agreeably to 
the scale of depreciation, in cases where the said holders 
have received their interest on the reduced value of the 
said certificates. 

An Act in addition to and amendment of an act entitled "An Act for laying an impost 
of two and one-half per centum ad valorem upon certain articles herein mentioned, 
for the purpose of paying the annual interest arising upon the public securities 
of this state." 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that from and after the twentieth day of May instant, there shall be paid, for the use 
of this state, an additional and further impost or duty of seven and one-half per cent, 
on the value of all goods, wares and merchandise of foreign growth or manu&cture, 
which shall be imported into this state in British bottoms, or in ships or yessels belong- 
ing in the whole or in part to any subject of the king of Great Britain, to be collected 
in the same manner and under the same regulations as directed by the said act levy- 
ing the said duty of two and an half per cent. 

It is ordered, that tliis act be published in the Newport and Providence newspapers* 

It is voted and resolved, that the secretary cause a copy 
of the state of the duties payable by vessels of the United 
States of America at Marseilles, Bayonne, L'Orient, and 
Dunkirk, in the kingdom of France, to be printed; and that 
he furnish each town clerk in the state with a copy of the 
same when printed, for the use of their respective towns. 

It is voted and resolved, that the committee appointed 



1785.] AND PROVIDENCE PLANTATIONS. 107 

to draught an act laying an additional impost on certain 
enumerated articles of foreign growth and manufacture be, 
and they are, hereby continued till the next session of this 
Assembly : that Mr. Charles Keene be added to the said 
committee, and that they report a bill at the said session. 

Be it enacted by this General Assembly, and by the 
authority thereof it is enacted, that the act of this Assem- 
bly passed at the session in October, A. D. 1775, repealing 
the act introducing the statutes of Great Britain limiting 
real and personal actions heretofore introduced into this 
state, be, and the same is, hereby repealed ; and that the 
said statutes again be in full •force within this state, from 
and after the rising of this Assembly. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to appropriate the first money 
which shall be received into the general treasury to the 
payment of the arrears due to the invalids on the half pay 
list J that no money in future be paid out of the general 
treasury, unless there be a sufficient sum remaining to pay 
the amount of one quarter's pay to the said invalids. 

It is voted and resolved, that the intendants of trade in 
this state give bonds to the general treasurer, in the sum of 
one thousand pounds, with two sureties, in the sum of five 
hundred pounds each, for the faithful discharge of their said 
offices ; and that the secretary be directed to send a copy 
of this vote to the said intendants of trade. 

It is voted and resolved, that Joseph Stanton, Jr., Esq., 
and Mr. Rowland Brown be, and they are, hereby appointed 
a committee to sell all the carriages, pack-saddles and other 
perishable articles in the military line that belong to this 
state, in the county of Washington, and to collect the can- 
non and place them in some convenient place, where they 
can be kept in safety with -little expense ; that they pay the 
money arising from the sale of the said articles into the 
general treasury, and make report to this Assembly as soon 
as may be. 



108 RECORDS OF THE STATE OF RflODE ISLAND [MaY, 

ft 

Whereas, John Jenckes and Esek Hopkins, Esqs., pre- 
sented unto this Assembly the following abstract and report, 
to wit : 

Report of tJie Committee appointed hy the General Assemhbf 

on tlie balances due for ox teams. 

An abstract of the balaoces now due oo the contracts for ox teams in the scrrico of 
the United States, in the campaign of 1781 : 

£ t. cf. 

James Maxwell , 14 10 4 

William Love 48 8 6 

Abraham Wilson 88 6 6 

Samuel Parker , 35 7 

ThomasParker ' 68 10 3 

Moses Blanchard 22 18 8 

Richard Fenner, Jr .* 119 2 6 

William Tyler : 94 12 8 

Comfort Slack 9112 1 

Andrew Craig 46 12 5 

Stephen Clark 142 6 

Matthew Manchester 429 14 6 

Henry Lamed 1,192 9 10 

Freeman Lincoln 228 16 8 

SethAustin 89 12 

Jedidiah Richardson 276 6 6 

Sylvester Child, &c 140 

Nathaniel Pearce, Esq 43 16 

Abner Allen 95 19 

Comfort Bullock " 20 

Nathaniel Wilmarth 95 14 9 

Reuben Bates 22 2 

Jonathan Peck .^. 81 18 

Nathaniel Pearce, Jr * 61 8 11 

Loring Peck 169 6 6 

JamesAllen 166 16 10 

Isaac Bowen 19 9 

Joseph Wheaton 40 12 

Nathaniel Wheaton 77 4 4 

Daniel Pratt 120 14 

Jeremiah Wheeler 19 6 

Timothy Fales 23 12 

Bernard Martin 11 6 



£4,061 13 5 
Interest on X4,061 18«. 6rf. from January 10, 1782, to May 10, 1785 867 2 2 

£4,928 16 7 
Errors excepted. 

BENJAMIN BOURNE, 

Late A. D. Q. M. 



1785.] AND PROVIDENCE PLANTATIONS. 109 

The subflcribers being appointed by the Honorable the General Assembly to exam- 
ine the account of Benjamin Bourne, Esq., late assistant deputy quartermaster, 
respecting the balances due to the directors of teams, &c., that did duty in the ypar 
1781^ io the Continental serricc, and who were engaged by tlie said Bei^amin Bourne, 
find the balance due to the individuals, agreeably to the above abstract, four thousand 
and sixty-one pounds thirteen shillings and five pence, principal, and eight hundred 
and sixty-seven pounds two shillings and two pence, interest, the whole amounting to 
four thousand nine hundred and twenty -eight pounds fifteen shillings and seven pence, 
lawful money, which we think ought to be paid out of the Continental taxes, agreea- 
bly to the resolution of Congress of February 15, A. D. 1785 ; and that the said Ben- 
jamin Bourne be directed to give certificates to the several persons for their balances, 
agreeably to the said abstract, which certificates shall be receivable by the several 
collectors, and by them paid into the general treasurer's office, as part of the said 
taxes to be assessed for the use aforesaid. 

All which is submitted to the Honorable General Assembly, by 

Your Honors* most obedient servants, 

JOHN JENCKBS, 
ESEK HOPKINS, 

Committee. 

Which being duly considered, — 

It is voted and resolved, that the said report be, and the 
same is, hereby accepted ; that the secretary cause a copy 
of the said abstract to be lodged in the general treasurer's 
ofiBce ; that Edward Chinn, Esq., the commissioner for set- 
tling the accounts of the United States in the state, be 
requested to furnish the general treasurer with a list of the 
final settlement notes which he has issued for the said 
balances, to take up the certificates which the said Benja- 
min Bourne has given for the said balances, and give his 
final settlement notes for the same, and to certify on the 
back of such certificates for what the same were given, as 
well on those which he has issued, as on those which he mav 
issae; that the said Edward Chinn be also requested to fur- 
nish the general treasurer with a list of the whole number 
of such certificates, when he has completed the same ; that 
thereupon the general treasurer be, and he is, hereby direct- 
ed to issue to the holders of such certificates other certifi- 
cates in exchange for the balances which shall be due to 
them on the said certificates of the said Edward Chinn; 
and that such certificates of the general treasurer shall 
be receivable at the general treasury in payment of the 



102 KECORDS OP THB STATE OF RHODE ISLAND [MaY, 

fit ; that if they shall assess a less sum than ninety pounds 
against the said class, the deficiency shall be paid into the 
general treasury by the town of Warwick ; that the said 
committee make the said assessment within thirty days 
from the rising of this Assembly, and commit the same to 
the sheriff of the county of Kent, or either of his deputies, 
to collect, who are hereby empowered to collect the same 
from the said delinquents, or their estates, or the estates in 
their possession when the said first assessment was made ; 
and if the sum so assessed shall be short of the aforesaid 
sum of ninety pounds, the said sheriff, or his deputy, shall 
collect the deficiency from the town treasurer of the said 
town. 

It is further voted and resolved, that the said committee 
make return to the general treasurer of the sum assessed 
against the said class, and in case of deficiency against the 
said town ; and that if the said sum or sums so assessed 
shall not be paid into the general treasury within sixty days 
from the rising of this Assembly, the general treasurer be, 
and he is, hereby directed to issue his execution against the 
said sheriff, returnable in thirty days. 

Whereas, Mr. John Manley presented to this Assembly 
the following report and account, to wit : 

Report of John Mardey to the General Asseinblt/ relcdive to receiv- 
ing the records of the Court of Vice Admiralty. 

Agreeably to your Honors' appointment at October session, A. D. 1784, for receiv- 
ing the records of the court of vice admiralty, from the executor of the late Thomas 
Vernon, Esq., deceased, and formerly register of said court, I have now to inform 
your Honors I have again waited upon the executor, and have received from him one 
box and a bag of papers, which both he and Mrs. Vernon (widow of the said Thomas 
Vernon) assure me are all the records, files of papers, &c., that belonged to the said 
court of vice admiralty ; and I have delivered the same into the secretary's office, 
agreeably to your Honors' resolve. The receipt from the secretary of the delivery of 
said records, together with the expense arising thereon, I have hereunto annexed, 
which I hope will meet your Hoior's approbation, and in the meantime will beg leave 
to subscribe myself. Your Honors' most humble servant, 

JOHN MANLEY. 
Newport, May 4, A. D. 1786. 

State of llho<lc Island, &c., to John Manley, Dr. 

To my time, expenses, &c., in performing the above service XI 14 6 



1785.] AND PROVIDENCE PLANTATIONS. 103 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
that the said account be allowed, and that the amount 
thereof, being one pound fourteen shillings and sixpence, 
lawful money, be paid to the said John Manley, out of the 
general treasury. 

It is voted and resolved, that the petition of Mr. Zac- 
cheus Chase, preferred unto this Assembly, respecting stock 
taken from his estate in the year 1776 be, and the same is, 
hereby referred to Messrs. George Champlin, Rowse J. 
Helme, and John Thurston ; and that they make report to 
this Assembly at the next session. 

It is voted and resolved, that William Richmond, Esq., be, 
and he is, hereby added to the committee appointed at the 
present session, to appraise the stock of Messrs. Thomas 
Gould and Zaccheus Chace, for which they have petitioned 
this Assembly to makie them compensation. 

It is voted and resolved, that Messrs. Daniel Mason, 
John Jenckes, William Channing, and Henry Goodwin be, 
and they are, hereby appointed a committee to draught a 
bill for laying a duty in addition to the duty or impost 
already laid upon all goods, wares or merchandise of foreign 
growth or manufacture, imported into this state in British 
bottoms; and that they make report to this Assembly as 
soon as may be. 

Whereas, it is represented to this Assembly, that it is 
very inconvenient and difficult for the sheriffs to collect the 
exact amount of the executions issued against delinquent 
classes in raising recruits, pursuant to a resolve of this As- 
sembly, passed at the last session, in public securities ; and 
whereas, such delinquent classes are ready to pay such exe- 
cutions, provided they^ can receive the balance due on such 
certificates as they are possessed of, — 

It is therefore voted and resolved, that in case the securi- 
ties brought to the general treasury in payment of the said 
executions exceed the amount thereof, the general treasurer 



104 RECORDS OF THE STATE OF RHODE ISLAND [MaV, 

be, and he is, hereby directed to give his notes for the 
balances due to the holders or owners of such securities ; 
and that said notes be of the same tenor with the securities 
received in discharge of «iid executions. 

Whereas, there are many inconveniences arising to the 
town of Providence from the present mode of conducting 
the office of vendue master, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that the town 
of Providence be. and hereby is. fully empowered to make 
such laws and regulations as to them shall seem meet and 
fit respecting the mode of conducting vendues in the said 
town, in all cases whatever ; and that they have power to 
fix and ascertain the commissions that shall be received by 
all persons that sell goods at vendue ; any act to the con- 
trary notwithstanding. 

It is voted and resolved, that forty-five pounds three shil- 
lings and sixpence, lawful money, be allowed and paid out 
of the general treasury, to James Lovett, Esq., it being, as 
reported by the auditor, the amount of a certificate given 
him for a slave enlisted into the Continental service in the 
year 1778, by the committee appointed to value slaves so 
enlisting ; together with compound interest thereon. 

An Act to prevent the collectors of taxes from depreciating 
the drafts by order of the General Assembly, drawn upon 
the general treasury. 

[For this act at length, see printed schedule.] 

An Act in addition to nn Act entitled " An Act in amendment of and addition to an 
Act for leyying an impost of two per centum ad valorem upon certain articles 
therein enumerated, for the purpose of paying the annual interest arising upon 
the public securities of this state." 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that all ressels coming into any of the ports within this state shall make report within 
twenty-four hours after their arrival, to the impost and intendant's offices ; and shall 
lodge a manifest of their cargoes under oath at the impost office, and their ship's 
papers at the intendant's office, under the penalty of twenty -five pounds, lawful money, 
to and for the use of this state, for every twenty -four hours they shall neglect so to 
do; to bo recovered by bill, plaint or information, in a special court of record in this 



1785.] AND PROVIDENCE PLANTATIONa 105 

state, to be called lor that purpose, in like manner as other penalties are to be recov- 
ered by the said act. 

And be it further enacted by the authority aforesaid, that upon suspicion of any 
Tessel having broken bulk before entry made, it shall and may be lawftil for the col- 
lector of impost or intendant of trade to tro on board such vessel and examine the 
hold, and take with them proper assistance therefor. 

And be it further enacted, that all foreign vessels clearing out or passing from this 
state to any port of the United States, shall not be considered as coasters in payment 
of light-money ; and that this act shall take place in ten days from the rising of this 
Assembly. 

It is voted and resolved, that the light money to be re- 
ceived by the several intendants of trade in this state, in 
future be as follows, to wit : That eight pence per ton be 
received on all foreign bottom^ ; that four pence per ton be 
received from the inhabitants of this state and the United 
States, upon all ships or vessels^belonging unto them, that 
are employed on foreign voyages ; and that two pence per 
ton be received upon all ships or vessels employed between 
the different ports within the United States, whether the 
same belong to the inhabitants of this or any other of the 
United States. 

Whereas, Henry Marchant and William Channing, Esqs., 
presented unto this Assembly the following report, to wit : 

Report of the Committee appoiMed hj the General Assembly 

relative to a certain confiscated estate. 

The subscribers having been appointed by the Honorable Assembly to inquire into 
the &cts set forth in a petition preferred by the executors of Jane Eustis, deceased, 
relying to a house in Newport, confiscated as the estate of Sampson Salter Blowers, 
beg leave to report, that the said Jane Eustis, in her last will and testament, gave and 
devised several legacies to different persons, and the residue and remainder of her 
estate, real, personal, and mixed, unto Sarah Kent, now the wife of the said Blowers; 
that after the decease of the said Jane, in the year 1772, her executors, for the benefit 
of her estate, purchased a mortgage on the premises, for the consideration of five hun- 
dred and eighty-seven Spanish milled dollars and twenty hundredths of a dollar, of 
one William Provost, as set forth in the petition of the executors. 

All which is submitted by your Honors' obedient servants, 

HENRY MARCHANT, 
WILLIAM CHANNING. 

And the said report being duly considered, — 

« 
VOL. X. 14 



106 RECORDS OF THE STATE OF RHODE ISLAND [MaT^ 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said estate be restored to the pos- 
session of the petitioners, in their said capacity as executors 
as aforesaid. 

It is voted and resolved, that the general treasurer be„ 
and he is, hereby ordered and directed, in the payment of 
interest on loan-office certificates, bearing date between the 
first day of September, A. D. 1777, and the first day of 
March, A. D. 1778, to calculate no depreciation on such cer- 
tificates, but consider them at par, and issue his certificates 
for interest on such loan-office securities ^as at par. 

It is further voted and resolved, that the general treas- 
urer be, and he is, hereby empowered and directed to issue 
certificates to the holders of such securities for the differ- 

« 

ence between their being valued at par, and agreeably to 
the scale of depreciation, in cases where the said holders 
have received their interest on the reduced value of the 
said certificates. 

An Act in addition to and amendment of an act entitled "An Act for laying an impost 
of two and one-half per centum ad valorem upon certain articles herein mentioned, 
for the purpose of paying the annual interest arising upon the public securities 
of this state." 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that from and after the twentieth day of May instant, there shall be paid, for the use 
of this state, an additional and further impost or duty of seven and one-half per cent, 
on the value of all goods, wares and merchandise of foreign growth or manufacture, 
which shall be imported into this state in British bottoms, or in ships or vessels belong- 
ing in the whole or in part to any subject of the king of Great Britain, to be colleoted 
in the same manner and under the same regulations as directed by the said act levy- 
ing the said duty of two and an half per cent. 

It is ordered, that this act be published in the Newport and Providence newspapers* 

It is voted and resolved, that the secretary cause a copy 
of the state of the duties payable by vessels of the United 
States of America at Marseilles, Bayonne, L' Orient, and 
Dunkirk, in the kingdom of France, to be printed; and that 
he furnish each town clerk in the state with a copy of the 
same when printed, for the use of their respective towns. 

It is voted and resolved, that the committee appointed 



1785.] AND PROVIDENCE PLANTATIONfiL 107 

to draught an act laying an additional impost on certain 
enumerated articles of foreign growth and manufacture be, 
and they are, hereby continued till the next session of this 
Assembly : that Mr. Charles Keene be added to the said 
committee, and that they report a bill at the said session. 

Be it enacted by this General Assembly, and by the 
authority thereof it is enacted, that the act of this Assem- 
bly passed at the session in October, A. D. 1775, repealing 
the act introducing the statutes of Great Britain limiting 
real and personal actions heretofore introduced into this 
state, be, and the same is, hereby repealed ; and that the 
said statutes again be in full •force within this state, from 
and after the rising of this Assembly. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to appropriate the first money 
which shall be received into the general treasury to the 
payment of the arrears due to the invalids on the half-pay 
list ; that no money in future be paid out of the general 
treasury, unless there be a sufficient sum remaining to pay 
the amount of one quarter's pay to the said invalids. 

It is voted and resolved, that the intendants of trade in 
this state give bonds to the general treasurer, in the sum of 
one thousand pounds, with two sureties, in the sum of five 
hundred pounds each, for the faithful discharge of their said 
offices ; and that the secretary be directed to send a copy 
of this vote to the said intendants of trade. 

It is voted and resolved, that Joseph Stanton, Jr., Esq., 
and Mr. Rowland Brown be, and they are, hereby appointed 
a committee to sell all the carriages, pack-saddles and other 
perishable articles in the military line that belong to this 
state, in the county of Washington, and to collect the can- 
non and place them in some convenient place, where they 
can be kept in safety with Jittle expense ; that they pay the 
money arising from the sale of the said articles into the 
general treasury, and make report to this Assembly as soon 
as may be. 



116 RECORDS OF THE STATE OF RHODE ISLAND [JuKB, 

It is voted and resolved, that the town council of the 
town of Providence be, and they are, hereby fully author- 
ized and empowered to grant permission for inoculation for 
the small pox in the said town, under such conditions and 
regulations as they shall direct 

Whereas, this Assembly did, at the session held in Novem- 
ber, A. D. 1782, surrender the estate which was confiscated 
to and for the use of this state as belonging to Thomas 
Hazard, an absentee unto his creditors, and did order and 
direct that if any of the said estate should remain after the 
just demand, .^-t the «me were eatMed, Mrs. Eunice 
Hazard, the yiife of the said Thomas Hazard, should hold 
the residue in fee simple, but did not empower her to act 
as a feme sole, and to have the management of the said 
estate,— 

It is therefore voted and resolved, that the said Eunice 
Hazard be, and she is, hereby empowered to have, receive, 
and take all the estate of the said Thomas Hazard within 
this state, and to apply the same towards discharging his 
debts contracted in this state before he left the same as an 
absentee ; that the said Eunice Hazard be, and she is, here- 
by empowered to bring any action or suit in her name for 
recovering of any debt, dues or demands which were owing 
or payable unto the said Thomas Hazard at the time of his 
absenting himself; and that she be liable for all the estate 
of the said Thomas Hazard which shall come into her hands 
towards discharging his debts, until the whole shall be 
paid. 

It is further voted and resolved, that Messrs. George 
Champlin, Christopher Ellery and William Channing be, 
and they are, hereby appointed a committee to ascertain 
and settle with the said Eunice Hazard the amount of a 
debt due from the said estate to Martin Howard, Jr., an 
absentee, which has since become the property of this 
state ; and that the said committee make report bb soon as 
may be. 



1785.] AND PROVIDENCE PLAOTATIONS. 117 

Whereas, there is a large account between Thomas Greene, 
Esq., late deputy quartermaster general and commissary of 
military stores within this state and the United States, 
which cannot be settled by the commissioner of accounts 
appointed for this state, for want of the proper vouchers, 
whereby many of the inhabitants of this state are kept out 
of their just dues ; and as the said accounts were examined 
by a committee appointed by Major General Gates, at which 
time the vouchers belonging to the said accounts were ex- 
hibited, but cannot now he found, — 

It is therefore voted and resolved, that William Ellery 
and David Howell, Esqs., delegates from this state at Con- 
gress, make immediate application to the Honorable the 
Continental Congress, requesting that a special resolve be 
passed empowering the said commissioners to settle the said 
accounts on the best evidence that can be now obtained ; 
and that the secretary transmit a copy of this resolve to the 
said delegates as soon as may be. 

It is voted and resolved, that the payment of the last 
state tax be further postponed until the fourth Monday in 
August next; that the general treasurer be, and he is, 
hereby directed, at the expiration of that time, to issue his 
executions against the town treasurers of such towns as 
shall then be deficient ; and that interest be collected and 
paid on the said tax till the same shall be paid. 

Whereas, this Assembly did direct the sheriff of the 
county of Washington to collect some money due to the 
state, in the general treasurer's notes ; and whereas, it is 
very difficult to collect the exact sum in the said notes, — 

It is therefore voted and resolved, that the general treas- 
m^er be, and he is, hereby directed to give his note for the 
balance that shall be due unto the sheriff of the county of 
Washington upon the notes he shall carry into the treasury, 
after deducting the sum the said sheriff is to pay into the 
treasurer's office. 



118 RECOBDS OF THE STATE OF RHODE ISLAKB [JUNB, 

Whereas, the books of records of the (late town, now) 
city of Newport, in which were recorded the deeds and con- 
veyances of the real estates with the limits of the said city, 
were during the late war greatly defaced^ so as to be in a 
great measure illegible; and whereas, many of the said 
deeds have been since recorded, and the giving force and 
efficacy to the same and the recording of others will be of 
public utility and have a tendency to prevent many suite 
and contentions in the law, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is enacted, that the possessors of 
all deeds, instruments, and conveyances whateoever, which 
have been heretofore recorded in the said books, and have 
been since defaced as aforesaid, be empowered to have the 
same recorded in the present books for recording of deeds 
belonging to the said city of Newport j and that the record 
thereof so made, as also of such deeds as have been already 
recorded in the said books, shall be as good and valid in the 
law as the original records thereof, if the same had not been 
defaced. 

It is voted and resolvod, that twenty-seven pounds, lawful 
money, be allowed and paid out of the general treasury, to 
Mr. Stephen Boyer, the same being in full compensation 
for his slave enlisted into this state's Continental battalion 
in the year 1778, as reported by the committee appointed 
to consider his petition preferred unto this Assembly for 
that purpose. 

It is voted and resolved, that Jeremiah Olney, Esq., be, 
and he is, hereby added to the committee appointed at the 
last session of this Assembly to inquire into the number 
of delinquent classes in the town of South Kingstown, and 
to report against whom the general treasurer's executions 
ought to issue ; that the said committee be continued, and 
that they report as soon as may be. 

It is voted and resolved, that the following accounte be 
paid out 'of the general treasury, viz. : 



1785.] AND PROVIDENCE PLANTATIONS. 119 

« 

Bins Ordered to be Paid. 

£ 8. if, 

Thomu Gould, for sheep taken b^ order of the govemment, when the 

British took posseuion of the island of Rhode Iflland 22 10 

Zaccheus and James Chace, for stock taken as above 104 

Colonel Jeremiah Olney, for extra service in recruiting for the campaign of 

1782 86 12 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby re- 
ferred unto the next session ; and that this Assembly be, 
and hereby is, adjourned to the fourth Monday in ^ August 
next, then to meet at the state house in Bristol. 

God save the United States of America. 



Proceedings of the General AsBembly of the State of Rhode 
Island and Providence PlantaiionSj at Bristoly on the fourth 
Monday in August, 1785. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

Whereas, before the commencement of the late war, the 
crown of Great Britain was indebted to this (then colony, 
now) state, in about the sum of two thousand six hundred 
pounds, sterling money, for money advanced for national 
uses, which sum still remains unpaid, — 

It is therefore voted and resolved, that the Hon. Jabez 
Bowen, Henry Marchant, George Hazard, and John Jenckes, 
Esqs., be, and they are, hereby appointed a committee to 
devise and report some expedient mode for procuring pay- 
ment of the said debt. 

Whereas, divers inhabitants of the town of Coventry 
preferred a petition and I'epresented unto this Assembly, 



120 RECORDS OP THE STATE OP RHODE ISLAND [AuG., 

that they had begun a meeting house at the west end of 
the said town, for the purpose of public worship ; and that 
they are unable to finish the same without assistance from 
the public ; and thereupon prayed this Assembly to grant 
them a lottery, agreeably to a scheme by them presented^ 
for raising the sum of one hundred and eighty pounds, law- 
ful money, for the purpose aforesaid ; and that Messrs. 
William Roy, Joshua Webb, and John Cranston may be 
appointed miinagers thereof: and the premises being duly 
considered,— 

It is voted and resolved, that a lottery be, and is, hereby 
granted for raising the said sum of six hundred dollars for 
the said purpose ; that the said William Roy, Joshua Webb, 
and John Cranston be appointed managers thereof, they 
giving bond for the faithful performance of their trust ; that 
the said scheme be, and the same is, hereby approved and 
established as the scheme of the said lottery ; and that no 
expense accrue thereon to the state. 

Whereas, Olney Winsor, clerk of Whipple Hall Society, 
presented unto this Assembly an account charged against 
the United States, for the rent of Whipple Hall, improved as a 
laboratory from February, A, D. 1777, to November 1, A. D. 
1780, and for damages done to the said hall during the said 
time, amounting to eighty-eight poimds, lawful money ; and 
also one other account for the rent of the said hall, from 
November 1, A. D. 1780, to February 1, A. D. 1781, amountr 
ing to three pounds twelve shillings, like money : and 
whereas, the said accounts appear to be well vouched and 
reasonable, — 

It is therefore voted and resolved, that it be, and hereby 
is, recommended to Edward Chinn, Esq., commissioner for 
settling the accounts of the United States in this state, to 
pay the same. 

Whereas, divers inhabitants of Newport and Providence 
preferred a petition and represented unto this Assembly^ 
that by reason of the impost on European hemp purchased 



1785.] AND PROVIDEIfCE PLANTATIONS- 121 

in the neighboring states, where an impost has been paid 
on the importation, they will be under the necessity of 
ceasing to manufacture the same into cordage ; and there- 
upon prayed this Assembly that the said impost may be 
taken off; which being duly considered, — 

It is voted and resolved, that the act of this Assembly^ 
subjecting foreign hemp to the payment of an impost, when 
imported from any of the United States, be, and the same 
is, hereby repealed ; provided, the importer, consignee, or 
carrier of such hemp produce a certificate that an impost of 
two and an half per cent, has been paid on the same. 

Whereas, it is represented unto this Assembly by Mr. 
Nathan Kinyon and John Cooke, Esq., that the latter hath 
agreed with the former to purchase of him the lot No. 6 of 
the Point Judith farm, so called, latelj' bid off by the said 
Nathan Kinyon at public vendue ; and the said John Cooke 
offering to pay the purchase money for the said lot, — 

It is therefore voted and resolved, by and with the con- 
sent of the parties, that the -said John Cooke pay the 
money or securities for which the said lot was struck off, to 
the committee who sold the same, to be by them paid into 
the general treasury ; and that upon the receipt of the said 
money or securities, the general treasurer be, and he is, 
hereby directed to make and execute unto the said John 
Cooke, a deed of the said lot, with its appurtenances, con- 
veying unto him all the right, interest, and estate which 
Samuel Sewall, the late owner, had in the same when it was 
confiscated, or that this state ever had or now hath in and 
to the same. 

It is voted and resolved, that one hundred and fifty 
pounds, lawful money, be advanced to Thomas Rumreill, 
Esq., to be applied in repairing and putting in order the 
light house on Beaver Tail ; that the said money be paid 
him by any of the intendants of trade, out of the light- 
money by them received ; and that the said Thomas Rum- 
reill account for the same. 



122 RECORDS OP THE STATE OF RHODE ISLAND [AuG., 

It is voted and resolved, that the secretary, within ten 
days after the rising of every session of this Assembly, mako 
out and transmit, to the persons concerned therein, copies 
of all votes appointing committees to act in the recess of the 
General Assembly, or directing anything to be done by any 
officer of this state or others; to the end that the same 
may be carried into effect, agreeably to the true intention 
and meaning thereof, 

An Act to incorporate certain persons, by the name of tho 
Benevolent IJaptist Society, in the town of Warren, in 
the county of Bristol, in this state. 

[For this charter at length see printed schedule,] 

It is voted and resolved, that a tax of twenty thouscind 
pounds, lawftil money, be levied on the rateable polls and 
estates of the inhabitants of this state, to be appropriated as 
this Assembly shall direct and order; and that Messrs. George 
Champlin, Thomas Rowland, John Jenckes, William West, 
Rowse J. Helme, Oliver Davis, Nathan Miller, Stephen 
Smith, Benjamin Greene, and Isaac Johnson be, and they 
are, hereby appointed a committee to apportion the same, 
and to draught a bill for the levying, collecting and paying 
the same accordingly. 

It is voted and resolved, that further time be allowed to 
the several towns delinquent in collecting and paying into 
the general treasury their respective quotas of the several 
Continental and state taxes now in arrear and unpaid ; that 
the same be collected and paid into the general treasury on 
or before the first day of October next ; and that the gen^ 
eral treasurer be, and he is, hereby directed to issue his exe- 
cutions against the town treasurers of the several towns 
which shall be delinquent on the said first day of October, 
returnable in ten days. 

It is voted and resolved, that sixty pounds, lawful money, 
be allowed to His Excellency the Governor, and forty-five 



1?85.] AND PROVIDENCE PLANTATIONS. 123 

pounds, like money, to His Honor the Deputy Governor, for 
their salaries, respectively, for the year 1784; and that 
orders issue upon the general treasury accordingly. 

Upon the representation 'of Major John S. Dexter, a,n 
agent for the Continental troops of this state, aud in pur- 
suance of the recommendation of Congress of the 27th of 
May last,— i 

It is voted and resolved, that Messrs. John Jenckes, Paul 
Allen, and Jeremiah Olney be, and they are, hereby ap- 
pointed a committee to examine the services of the said 
John S. Dexter, as agent as aforesaid, to report a just allow- 
ance therefor, and to receive from him the certificates which 
remain in his hands undeliveredv 

Whereas^ James Arnold, Esq., town treasurer of the town 
of Provir'ence, exhibited unto this Assembly an account 
^charged against the United States> for the use of a brick 
school-house in the said town, improved as a laboratory, &c», 
from December, A. D. 1776, to August, A. D. 1784, amouni^ 
ing to eighty-five pounds, lawful money, — 

It is therefore voted and resolved, that it be, and hereby 
is-, recommended to Edward Chinn, Esq., the commissioner 
for settling the public accounts in this state, to pay the said 
account, it appearing to this Assembly to be well vouched 
and reasonably charged. 

Whereas, John Jenckes, of Providence, in the county of 
Providence, Esq., and Luke Arnold, of Smithfield, in the 
county aforesaid, yeoman, preferred a petition and repre- 
sented unto this Assembly, that they are possessed of a 
quarry in Smithfield aforesad, yielding excellent marble for 
various uses ; that the price of labor is so high it cannot be 
worked to any advantage by hand 5 that they are possessed 
of a convenient stream of water, for erecting works for saw- 
ing the marble into columns, slabs, chimney-pieces, and other 
forms ; that the g^ttempt will be attended with great expense 
and considerable risk > that if it should succeed, it will afford 
a very valuable article of exportation, and be otherwise 



124 RECORDS OF fflE STATE Of RHODE ISLAJTD [AtJG*, 

advantageous to the »tate ^ but there is danger, in case they 
meet with success, that other works of the same kind may 
be erected, which may deprive them of the profits they 
ought to receive from making^ a first attempt, with so great 
expense as they must necessarily be at ^ and thereupon they 
prayed this Assembly to grant them an exclusive right for 
saw^ing and working marble by water-machines, for a reason- 
able term of time/ And the said petition being duly con-* 
wdered,-- 

It is voted and rcfsolved, that an exclusive privilege be 
granted to the said John Jenckes and Luke Arnold, of saw- 
ing and working marble by water-machines, for the term of 
«jeven years from this time ; provided, the necessary works 
and machines for that purpose be erected in one year from 
this time, and not otherwise. 

Whereas, the town of South Kingstown is greatly in 
arrear for taxes heretofore assessed upon the said townj 
and whereas, the representatives of the said town have rep- 
resented unto this Assembly, that from the great scarcity of 
circulating cash, and the poverty of the said towh, it is im- 
possible for the inhabitants thereof to pay the said outstand- 
ing taxes in gold and silver ^ that they have the greatest 
prospect of procuring certificates issued by the general 
treasurer for the interest of loan-office certificates, and debts 
consolidated by Edward Chinn, Esq«, the commissioner for 
settling the accounts of the United States in this state ; and 
that thereby they will be enabled to pay their arrears, and 
be upon a footing with their sister towns, — 

It is therefore voted and resolved, that the inhabitants of 
the town of South Kingstown be, and they are, hereby 
allowed to pay unto the several collectors of taxes in the 
said town, their several and respective taxes in certificates 
which are now issued or may be issued by the general 
treasurer, before the last Monday of October next, for the 
interest upon loan office certificates, or for debts liquidated 
and consolidated by the said Edward Chinn, except the 



1785.] AND PROVIDENCE PLAN^TATIONS, 125 

taxes whereof Mr. William Wilson Pollock is collector ; that 
the several collectors in the said town, (saving and except- 
ing the said William Wilson Pollock,) be, and they are, 
hereby directed, authorized and required to receive the 
several taxes, as well state as Continental, either in gold, 
silver, or certificates issued by the general treasurer of this 
state for interest due upon loan-office certificates, and for 
interest certificates of the debts liquidated and consolidated 
by the said Edward Chinn ; and that the general treasurer 
be, and he is, hereby directed to receive of the said several 
collectors of taxes in the said town, (except the said William 
Wilson Pollock,) any of the before^mentioned certificates in 
discharge of any of the taxes they are now collecting, or 
which heretofore (Jught to have been collected and paid into 
the general treasury. 

It is further voted and resolved, that the several coUec* 
tors of the state and Continental taxes in the said town, 
(William Wilson Pollock aforesaid only excepted,) be, and 
they are, hereby allowed a further time, until the last Mon- 
day in October next, to collect and pay into the general 
treasury their several and respective taxes ; and that if the* 
said taxes be not then paid, the general treasurer be, and he 
is, hereby directed to issue his execution in due form of 
law, to collect the deficiency in gold or silver. 

It is further voted and resolved, that the collectors of 
taxes in the several towns of this state be, and they are, 
hereby directed to receive, in payment of the taxes they 
are now collecting any certificates issued by the general 
treasurer for the interest of the debts liquidated and con* 
solidated by the said Edward Chinn. 

And it is further voted and resolved, that nothing in this 
act shall extend, or be construed to extend, to prevent the 
several collectors of taxes in the said town of South Kings- 
town from receiving, in payment of taxes, orders upon the 
general treasury as usual : provided, nevertheless, that the 
said collectors pay into the general treasury the money 



126 RECORDS OP THE STATE OP RHODK ISLAND [AUd., 

already collected ih silver and gold, or such other certificated 
as they hd,ve heretofore received; 

Whereas, some doubt hath ariseil in the miild of the col- 
lector of impost in the county of Providence, whether upon 
the lasit act of this Assembly for lajdng additional duties, 
the duties are to be collected and paid upon any articles 
but such as are landed, — 

It is therefore voted aiid resolved, that whenever any 
master or commander of any vessel shall make an enti*y of 
the said vesseVs cargo, or any part thereof, in any port ill 
this state, whereon any duties are laid by the said act, or 
any other act of this state, the duties on all the articles 
goods and merchandise so laid, artd which shall be on board 
such vessel at the time of entry^ shall Be demandable and 
paid, under the penalties by the said acts prescribed. 

Art Act for granting and apportioning a tax of twenty thou* 
sand pounds, lawful money, upon the inhabitants of this 
state* 

[For thiiS act at length, see printed schedule;] 

It is voted and resolved, that fifty pounds four shillings 
and four pence, lawful money, be allowed and paid out of 
the general treasury, to Mn Anthony Vandoorn, it being 
the amount of a certificate, and interest thereon, by him 
exhibited, for a slave enlisted into this state's Continental 
battalion in the year 1778* 

Whereas, it is represented unto this Assembly^ that the 
weight of a rope or bunch of onions, as established at the 
last session of this Assembly, is too large, — » 

It is therefore voted and resolved, that the weight of 
a merchantable rope or bunch of onions be reduced to 
three pounds, any resolve to the contrary hereof notwith«- 
standing. 

It is voted and resolved, that the following accounts be 
paid out of the general treasury, viz. : 



1785,] A!fD PliOVIDENOE J»I,ANTATION», 127 

BUb Ordered to be Paid. 

£ 8. d. 

Oapt. Thomas ArnoUl, an invalid, on account of half-pay ,., 60 q 

Joho Cooke, for a boat taken into the piiblio service in 1778 ,....,.. 5 8 

John Hicks, for boat ta)(en into the public service in 1777, , , 7 5 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned to the Saturday preceding 
the \(\»t Monday in October next, then to meet at South 
Kingstown ; but if not called before, nor at that time, that 
then this Assembly be, and hereby is, dissolved ; and that 
the next Assembly meet on the last ^londay of October 
next, at South Kingstown. 

God save the United States of America. 



Proceedings of the General Assembb/ of the State of RJiodc 
Island and Providence Plantations^ at South Kingstofwn^ on the 
last Monday in October y 1785. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

It is voted and resolved, that Messrs. George Champlin, 
Rowse J. Helme, and Esek Hopkins be, and they are, here* 
by appointed a committee to draught h. bill for the manning 
of the fort on Goat Island, which is hereby named Fort 
Washington ; and for putting the same in a situation suffi* 
ciently respectable to enforce the regulations of trade. 



128 RECORDS OP THE STATE OP RHODE ISLAND [OCT., 

An Act to incorporate certain persone, hereinafter mentioned, Aiy the name of the 
Beneficent Congregational Society, in the town of Providence, in this state. 

Whereas, divers persons have petitioned this Assembly for an act of incorporation, 
whereby they may bo enabled to promote certain purposes hereinafter mentioned ; 
therefore — 

Be it enacted by this Qeneral Assembly, and by the authority thereof it is enacted, 
that Messrs. Barzillai Richmond, Samuel Butler, Henry Bacon, William Allen, Benja- 
min Mann, John Field, Jonathan Jenkins, Joseph Martin, Nathaniel Jacobs, James 
Black, William Rhodes, Allen Peck, Lewis Peck, Nathaniel Jacobs, Jr., Zephaniah 
Brown, Thomas Jones, Thomas Truman, Benjamin Gladding, James Snow, Benja- 
min Talbot, William Compton, Joseph Snow, Jr., Phinehas Potter, Joseph Potteri 
Samuel Black, James Munro, Benjamin Hoppin. Elijah Shepardson, Peter Taylor, 
Daniel Tcflft, Samuel Snow, Hopedtill M'Neal, William Grafton, David Tefil, Samuel 
Proud, John Proud, Daniel Proud, Stephen Wardwell, Wilson Jacobs, John Martin, 
Samuel Butler, Jr., Joseph Butler, John Field, Jr., Lemuel Field, William Field, 

• 

Joseph Field, Daniel Field, Lewis Bosworth, John Jones, Ephraim Walker, Elihu 
Peck, Oliver (^arpenter, Ephraim Peabody, William Bacon, James Snow, Jr., Daniel 
Snow, Joseph Snow, Sd, John Young, Thomas Young, Samuel James, Bennett 
Wheeler, Thomas Coles, William Peckham, Stephen Walker, Joseph Eddy, Benja- 
min Eddy, William Eddy, Benjamin Randall, William Paul, Levi Ham, Jeremiah 
Eddy, Bernard Eddy, Ralph Merry, Nathaniel Gilmore, Benjamin Talbot, Jr., Samuel 
Jackson, Gustavus Taylor, Nathaniel Gladding, Jr., Daniel Branch, Nathaniel Branch, 
William Compton, Jr., Recompenoe Healey, John Pitcher, John Greatreaks, and 
Philip Hoxwell, together with such others as they shall elect from time to time, shall 
be forever hereafter a body corporate and politic, in fact and name, by the name of the 
Beneficent Congregational Society, in the town of Providence, and state aforesaid, for 
the purpose of raising a fund, by free and voluntary subsuriptions, contributions, lega- 
cies and donations, for the support of public worship in the Congregational Society in 
the town of Providence aforesaid, of which the Rev. Joseph Snow is the present 
pastor ; and the said Beneficent Society is hereby empowered to take, receive and 
hold all and any voluntary subsoriptions, oontributions, legacies and donations, of any 
sum or sums of money, or of any real or personal estate ; and also to have, possess or 
acquire lands, tenements, hereditaments, or any goods and chattels whatsoever, and 
the same to let, lease, grant, demise, aliene, bargain, sell, convey and dispose of by 
deed or deeds, under their seal, at their own will and pleasure ; and shall and may bo 
persons capable in law, as a body corporate, to sue and be sued, to plead and be im- 
pleaded, to answer and be answered unto, to defend and be defended against, in all 
courts and places, and before all proper judges whatsoever, in all and singular suit 
and suits, causes and actions, of what kind soever, in the fullest and amplest manner. 
And if it shall happen that the said Beneficent Society shall become seized of lands 
or tenements by mortgage, as security for payment of any debt or debts, or by levy- 
ing executions on land or tenements for discharging any debt or debts that shall be 
due to the said Beneficent Society, it shaH be lawful for them, by deed under their 
seal, to sell and convey the lands and tenements acquired by either of the said two 
mentioned ways. 

[For the charter at length, see Schedule.] 

It is voted and resolved, that the Hon. Jabez Bowen, 
Thomas G. Hazard, William Hammond. James M. Varnum, 
Nathan Miller, Henry Goodwin, and Benjamin Bourne, Esqs., 



1785.] AND PROVIDENCB PLANTATIONS. 129 

be, and they are, hereby appointed a committee to draught 
an act regulating the trade of this state ; and that they 
make report during the present session of this Assembly. 

Whereas, the following report was presented unto this 
Assembly, to wit : 

Report of the CommMee appointed hy the General Assembk/ 

relative to certain public despatches. 

The eoramittee to whom were referred the pahlic despatches, beg leave to report : 
Upon tiie letter from the secretary of Congress, dated at New York, the 8d of August 
instant, enclosing the daplicate of a former despatch, and reports in Congress respect- 
ing the federal representation, tl^t His Excellency the Governor be requested to 
write to the seeretaiy of Congress, informing him that, as the evils resulting from a 
deficient representation are not chargeable in any material degree upon this state, and 
as the public economy is an object of the greatest importance, the legislature do not 
mink it expedient at present to increase the number of their delegates in actual ses- 
siflfn ; but that this state will agree that any one state be represented by a single voice 
in the national council, whenever all the other states will agree to the same. The 
committee also submit to the wisdom of the House, the expediency of immediately 
electing delegates to represent this state in the next annual meeting of the United 
States in Congress. 

Upon another letter from the secretary of Congre38, dated at New York, the 28th of 
July last, enclosini; a resolution of Congress, requesting thirteen copies of the legisla- 
tive acts of this state since the year 1774, that the House now appoint a time for 
entering into a full consideration of the revision of the laws of this state, as the same 
has been effected by their committee ; and that His Excellency the Governor be re- 
quested to inform the secretary of Congress that this state will comply with said 
requisition as soon as practicable, 

Upon the letter from the Governor of the commonwealth of Massachusetts, dated 

the 28th of July last, and enclosing an act of that state for regulating navigation and 

commerce, that a bill now lies upon the table, comprehending the objects of this 

enclosure ; and that His Excellency be requested to write to the Governor of Massa- 

ehusetts, and enclose a copy of whatever act shall be passed on that subject. 

AU which is submitted by H. MARCHANT, 

J, M. VABNUM. 
In Bristol, August session, 1785. 

And the said report being duly considered,- 
It is voted and resolved, that the same be, and hereby is, 
accepted, with this exception, that this state be not repre- 
sented in Congress by a less number than two members. 

It is further voted and resolved, that this Assembly will 
proceed to the consideration of the laws, in the beginning 
of tb^ next session ; and that no business of a private nature 

VOL. X. 17 



130 BECORDg OF THE ST4TB OF RHODE I8LANI> [OOT., 

be entered upon, excepting the reports already assigned 
upon the claims of the troops of the state, until the said 
business be completed. 

An Act In addition to an Act intituled ''An Aot vesting Congress with the power of 

regulating ioreign trade. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted^ 
that the delegates of this stato in Congress assembled be, and they are, hereby author-^ 
ized and empowered, in the name and behalf of this state, to agree to and ratify any 
article or articles by which the United States in Congress assembled shall be solely 
empowered to regulate the trade and commerce qf the respective states, and the dti-^ 
sens thereof with each other; and to regulate, restrain or prohibit the importation of 
all foreign goods, in any ships or vessels owned by any of the states, or by a citizen 
or citizens of either ; and that the article or articles containing the powers aforesaid,^ 
or substantially agreeing therewith, when adopted by all the other states in the Union,, 
■hall be in fbrce for the space of twenty -five years, and no longer. 

Whereas, Thomas Church, Esq., of Dighton, in the com-* 
monwealth of Massachusetts, preferred a petition and repre- 
sented unto this Asesmbly, that upon the arrival of the 
British troops at Rhode Island, he, being very much ex- 
posed, and taking into consideration the active part he had 
taken in -the war, moved bis family to Dighton aforesaid ; 
that he put the money arising from the sale of his farm in 
Little Compton into the Continental loan-offtce in this state, 
agreeably to the requisition of Congress ; that this Assem- 
bly, in the year 1783, granted one year's interest on all 
loan-office certificates issued from the Continental loan- 
office in this state, excepting such as were held by persons 
living in other states, whereby he was excluded, although 
at the time he loaned his money as aforesaid he was a citizen 
of this state ; and thereupon the said Thomas Church prayed 
this Assembly to grant him the interest of his loan-office 
certificates for the year 1783, and thereby put him upon 
the same footing with the holders of such Certificates in this 
state ; and the premises being duly considered, — 

It is voted and resolved, that Joseph Clarke, Esq., be, 
and he is, hereby requested to issue certificates for interest 
for the year 1783, on fifteen hundred pounds, to the said 
Thomas Church, on his producing certificates to that amount, 



1T85.] 



AND PROVIDENCE PLANTATIONS. 131 



under the same restrictions which were laid on the citizens 
of this state; and that such certificates be receivable in 
payment of the last or present state taxes. 

An Act empowering the town of Solith J^ngstown to recover fines and forfeitares. 

Whereas, the toWn of South Kibgstown hath represented, that matiy fines and for- 
feitures hare accrued to the said town, which have been received by the officers 
therein, who have neglected to pay such fines and forfeitures into the treasury of the 
said town ; and as many persons receiving such fines and forfeitures have neg- 
lected to make any return thereof to the proper office, whereby it is impossible fbr the 
said town in the usual mode to collect such fines and forfeitures into their treasury ; 
knd whereas, the said town hath besought a remedy, — 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
enacted, that the town treasurer of the town of South Kingstown for the time being 
be, and he is, hereby appointed to issue his notification to any and all persons in the 
town of South Kingstown, who he shall suspect to have feceiVed any fines or fbrfeit- 
iires which ought to be paid into the treasury of the said town, to appear before him 
at such time and place as he shall appoint, and to bring with him or tliem an exact 
ncconnt in writing of all fines and forfeitures by him or them received, which havB 
accrued unto the said tt»wn ; and thereupon the said town treasurer shall administer 
unto him or them the following oath : 

"You, A B, do splemnly swear (or affirm) that the account by Which you her© 
exhibited contains the whole of all the fines and forfeitures which you have received, 
either by yourself or agent, since the 10th day of April, A. D. 1775, to this present 
day, for the breach of any act or law of this state, which fines or forfeitures belong to 
and accrued to the said town of South Kingstown. So help you God ; or) upon the 
peril of the penalty of perjury." 

And it is further enacted by the authority aforesaid, that If any person or persons 
who shall be notified to appear before the said town treasurer, shall upon his solemn 
oath or affirmation declare that he hath not received any such fines or forfeitures, he 
shall be dismissed. 

Be it further enacted by the authority aforesaid, that the town treasurer of the 
town of South Kingstown be, and he is, hereby empowered to call special courts, upon 
any person or persons who have received any such fines and forfeitures belong- 
ing to the said town ; such courts to be convened in the same manner, and have the 
same powers as special courts usually have. 

And be it fUrthef enacted by the authority aforesaid, that if any person or persons, 
after being duly notified to appear before the said town treasurer* and render an 
account as aforesaid, shall neglect or refuse so to doj and shall thereupon be sued to a 
special court, he or they shall pay all the costs arising upon such special court being 
called, although the said treasurer shall not be able to prove any money being in his 
or their hands. 

It is voted and resolved, that the city council of the city 
of Newport be, and they are, hereby empowered to remove 
the useless stones on the south side of Fort Washington, 
for repairing the Point bridge in the said city. 



132 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

Whereas, it is represented to this Assembly that divers 
goods, wares and merchandise of foreign growth, produce 
and manufacture, and subject to a duty or impost, have been 
brought into this state, and the owners or consignees thereof 
having received the same without giving bond for the pay- 
ment of the duty, have since neglected or refused to pay 
the same, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is enacted, that the collectors of 
impost within this state be, and they are, hereby authorized 
and directed to commence any action or actions for the 
recovery of the duty or impost on any goods which* have 
been or shall be received by the owners or consignees of 
such goods, without bond being first given for the payment 
of the duty ; and that such action or actions be heard and 
determined at a special inferior court, to be holden in the 
county in which such goods shall be brought, agreeable to 
law : Provided, that nothing herein contained shall exempt 
any goods which may be received by the owners thereof^ 
without bond given as aforesaid, from seizure and con- 
demnation, in manner as is by law directed. 

An Act repealing part of an Act entitled "An Act authorizing the manumission of 
negroes, mulattoes and others, and for the gradual abolition of slavery." 

Whereas, by an act of this Assembly, made and passed at February session, A. D. 
1784, intituled "An act authorizing the manumission of negroes, mulattoes and others, 
and for the gradual abolition of slavery," it is therein among other things enacted, 
that the negro and mulatto children which should be bom within this state on or after 
the first day of March, A. D. 1784, should be maintained, supported and educated at 
the expense of those towns in which they reside ; and whereas, the subjecting towns 
to the support and education of such children is extremely burthensome, and is incom- 
patible with the principles upon which the said act was passed : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
enacted, that so much of the said act as subjects the towns to the expense of the 
support and education of the negro x>r mulatto children who should be bom on or 
after the first day of March, A. D. 1784, be, and the same is, hereby repealed. 

Be it further enacted, that every negro or mulatto child bom after the first day of 
March, A. D. 1784, be supported and maintained by the owner of the mother of such 
child, to the age of twenty-one years, provided the owner of the mother shall during 
that time hold her as a slave ; or otherwise, upon the manumission of such mother, 
agreeably to the said act, the owner shall be discharged from any further expense of 
supporting and maintaining such child. 



1785.] 



AND PROVIDENCB PLANTATIONS. 133 



And be it farther enacted, that bo person held in serritade or slavery, who shall be 
emancipated, be supported as a pauper, provided he or she exceeds the age of thirty 
years at the time of such emancipation ; anything in the said act contained to the 
coatmy notwithstanding. 

An Act in amendment oi an Act, in addition to an Act intituled "An Act for the 
relief of persons of tender consciences, and for preventing their being borthened 
with military duty." 

Whereas, it has so happened, that some delinquents in the late war, not being pos* 
seseed of any goods and chattels, but having real estates lying within this state, have^ 
by concealing themselves in other states, evaded the force of the Act aforesaid : 

Be it therefore enacted by this General Assemby, and by the authority thereof it is 
«nacted> that where any person or persons, Who were delinquent as aforesaid, are pos" 
sessed of real estate as aforesaid, it shall and may be lawful for any officer charged 
with a warrant for collecting such delinquent's fines, to proceed against such delin- 
quent's real estate, in the same manner as is directed in the said Act against the goods 
«9d chattels. 

An Act for the removal of the remains and monuments in certain burying lots, and 
for the sale or exchange of those lots, under the direction of the town council of 
th^ town of Providence. 

Whereas, the first settlers of the town of Providence were in the practice of bury- 
ing the dead in small yards in their own lots, before the present large public ground 
was laid out for that purpose ; but from the general disapprobation of continuing to 
bary in such lots, they have been for many years disused ; and whereas, by the 
increase of the said town, divers streets and lanes have been laid out, with whicJi 
some of those burying-lots interfere ; and by reason of their being left by will, of 
reserved in deeds for the purpose of burying-lots, they may continue for a long time 
aa interruption ; and as in some instances doubts arise in respect to the right of those 
descendants who have kept up the said burying-lots, to remove the remains and mon- 
uments to the common burying-ground, or into other lots : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that it shall and may be lawful for the town council of the town of 
Providence to make inspection into the several private burying-lots in the said town, 
and such as they shall judge most for the public benefit to have removed, that they 
signify the same to the person or persons who hold the said lots in possession, or have 
been at the expense of keeping up the monuments, and advise whether the same be 
exchanged for the same quantity of land in another place, to remain under the same 
tenure and government as the other, and the monuments and remains to be removed 
therein, or otherwise that they be removed to the common burying-place belonging to 
the said town, as the said town council shall think most proper, at the expense of 
those who hold the said lots ; and that the proceedings therein, according to the advice 
and direction of the said town council, shall be good and valid to all intents and 
purposes. 

Whereas, John Drummond, late commander of the ship 
Anastatia, preferred a petition and represented unto this 
Assembly, that in a late severe gale of wind the said ship, 



134 RECORDS OF THE STATE OF RHODE tat AM) [Ocf., 

being then under his command, was shipwrecked near Point 
Judith, in this state, and entirely lost ; that With great in- 
dustry and difficulty he saved some part of the lading of the 
said ship, which has since been sold at public auction in the 
city of Newport ; that the collector of impost for the county 
of Newport exacts an impost of ten per cent, on the pro- 
ceeds of said sale ; that he conceives it is not agreeable to 
the practice of civilized nations, it being obviously inconsis^ 
tent with the principles of humanity to require the pay- 
ment of duties from such as are so unfortunate as to be 
shipwrecked ; and thereupon the said John Drummond 
prayed this Assembly to exempt him from the said imposts 
Which being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted. 

It is voted and resolved, that seven years' half-pay be 
allowed to the widow and children of Christopher Greene, 
Esq., deceased, late a colonel in the line of this state, com-* 
mencing on the I4:th day of May, A. D. 1781, and terminat- 
ing on the 14th day of May, which will be in the year 
1788; that the general treasurer issue a note payable to 
the said widow, to wit : Annie Greene, upon demand, with 
interest, for the sum of five hundred and forty pounds, law- 
ful money, in full for the first four years of the said annual 
allowances ; and that the said widow have an order upon 
the general treasury, payable out of the present state tax, 
for the sum of fifty pounds eleven shillings and four pence, 
like money, in full for the interest upon the said four years' 
arrearages. 

Whereas, William White, of Providence, preferred a peti- 
tion and represented unto this Assembly, that he imported 
a quantity of goods from St. John's, to the value of fifty 
pounds twelve shillings and eight pence, St. John's currency, 
by the way of Boston ; that being ignorant that goods im- 
ported by land were equally subject to a duty with those 
imported by water, he neglected to enter the same ; that 



1785.] AND PBOVIDENCB PLANTATIONS. 135 

the said goods have been informed against and condemned ; 
and thereupon the said William White prayed for relief. 
Which being duly considered^ — 

It is voted and resolved, that this state relinquish unto 
the said William White their proportion of the said goods, 
upon his securing the impost upon the whole amount im- 
ported. 

Whereas, the committee who were appointed to settle the 
dispute between Connecticut and this state, respecting the 
fishery in Pawcatuck river, presented unto this Assembly 
the following report, to wit : 

Bepoj-t of the Committee appointed hy the General Assemblj/ 
settling the differences between Connecticut and this Staie^ rela- 
five to the Fishery question^ in Pawcatuck river. 

At Stonington, in the state of Coonectfcut, upon the second Wednesday in Sep< 
iember, A. D. 1785, the undersigned convened, agreeably to appointments previously 
made, and exchanged commissions ascertaining their powers, in the following manner, 
that is to say : 

"At a General Assembly of the state of Connecticut, holden at Hartford on the 
second Thursday of May, A. D. 1785 : 

**0n report of the committee appointed to take into consideration the letter of 
Jonathan Palmer, Jr., and Ely ah Palmer, £sqs., relating to the fishery at Pawcatuck 
river, — 

" Resolved by this Assembly, that Migor Charles Phelps, Col. Samuel Mott, and 
Nathaniel Miner, Esq., be, and they are, hereby appointed a committee^ to meet such 
gentlemen as the Honertfble General Assembly of the state of Rhode Island shall 
appoint to meet, at the house of Mr. John Dennison, at Long Point, in Stonington, on 
the second Wednesday in September next, with power to take into consideration and 
agree on proper measures to be taken by both states, to regulate the fishery in Paw- 
catuck river, and for preventing and punishing disorders between the subjects of said 
states about said fishery, and for quieting any disturbances already arisen on aoeount 
thereof; and to report their doings to the next General Assembly : And His Excel- 
lency the Governor is desired to transmit a copy of this resolve to His Excellency the 
Governor of the state of Rhode Island. 

"A true copy of record, examined by 

' "GEORGE WYLLYS, Secretary." 

'< State of Rhode Island, &c. ) 

In General Assembly, June session, A. D. 1785. ( 



ti 
it 



Whereas, His Excellency the Governor hath received official information fh)m 
His Excellency the Governor of the state of Connecticut, that great disturbances 
have arisen between divers of the citi2ens of this state and those of Connecticut, 
respecting the fisheiy in Pawcatuck river, and that great disorders and breaches of the 



136 RECORDS OP THE STATE OF RHODE ISLAND [OCT-, 

peace have in coiueqaence taken place ; and that the General Assembly of the state 
of Connecticut have appointed a committee, to meet at Stonhigton, in the state of 
Connecticut, on the second Wednesday in September next, to meet and confer with & 
committee which the state of Connecticut requests this state will appoint, to agree on 
proper measures to be taken by both states to regulate the fishery in said Pawoatuck 
river, and for preventing such disorders and disturbances between the citizens of the 
two states, respectively : * 

"It is therefore voted and resolved, that James Mitchel Vamum and Rowse J. 
Helme, Esqs., and Mr. Oliver Davis, be, and they are, hereli(y appointed a committee, 
to meet with the committee of the state of Connecticut^ approdnted as aforesaid ; that 
they be empowered to agree on the proper measures for quieting the disorderly pro- 
ceedings and disturbances aforesaid, and to regulate the fishery in the said Pawcatuck 
river, and to adopt such other measures as may be conducive to prevent any disputes 
and disorders in future ; that the said committee make report of their doings thereoif 
to this Assembly at the next succeeding session ; and that any two of the committee 
be competent to the execution of the business of their appointment. 

A true copy : Witness, HENRY WARD, Secretairy^. 

And thereupon the undersigned, commissioners from the states aforesaid, appointed 
Charles Phelps, Esq., to the chair, and having agreed upon the mode of proceeding, 
for investigating and settling the various matters of their appointment, a<^*oamed to 
the house of Mr. Joseph Noyes, near Pawcatuck bridge, in Stonington, and notified 
all parties concerned to appear before them, at 8 o'clock in the morning of the 15th 
day of September inst. At wliich time and place the said commissioners being con- 
vened, proceeded to the examination of divers witnesses, citizens of the states afore, 
said, and living contiguous to the said Pawcatuck river. They also viewed and 
examined such parts of the said river, and the obstructions therein, as appeared 
necessary to complete their information. And after fully deliberating upon the several 
matters aforesaid, they have agreed to report, and do accordingly report to the legis- 
latures of their respective states, — 

That the late disturbances which occasioned the interference of their legislatures 
originated, partly from private claims to the property of a certain weir in Pawcatuck 
river, the claimants living in both states, and contesting the right ; partly to a misap- 
prehension of the laws, and partly to a repugnancy in the laws of the two states. For 
quieting, therefore, these disturbances, and restoring peace, union and harmony be- 
tween the respective citizens, the undersigned deem it expMent that their 'legisla- 
tures enact that all prosecutions, whether civil or criminal, already begun, or that 
shall be commenced in consequence thereof, he nullified ; and that acts of amnesty be 
passed in &vor of all concerned therein. And for regulating the fishery in said Paw- 
catuck river in future, so as to answer the expectations; and satisfy the views, of indi- 
viduals more immediately interested in said fishery, consistently with the public good, 
the said undersigned submit to the wisdom of their legislatures the propriety of 
passing into a law of each state a bill of the following form, tenor and efifect, that is 
to say: 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that no weir or weirs, or other obstruction of any kind, shall be erected, set or con- 
tinued in any part of Pawcatuck river, dividing the states of Rhode Island and Con- 
necticut, upon the penalty of eight pounds for the first ofience, and four pounds for 
every twenty .four hours, or any less space of time any such weir or other obstruction 
shall be continued in the said river, after the first offence. 

Be it further enacted, that no person or persons be permitted to set or draw any 
seine or seines in said Pawcatuck river from the twentieth day of March to the first 



1785.] AND PROVIDENCE PLANTATIONS. 137 

day of June annually, excepting upon Tuesdays and Wednesdays in each week, 
beginning at the sun's setting on Monday evenings, and ending at the sun's setting on 
Wednesday evenings, upon the penalty of six pounds for each and every time such 
aeine shall be set or drawn otherwise than as aforesaid ; that in setting and drawing 
any seine as aforesaid, no greater space of time shall he employed therein than one 
hour for a single draught, upon the penalty of three pounds for each and every 
oflfence ; and that in setting and drawing as aforesaid, or at any otlier time from the 
said twentieth day of March to the first day of June annually, no person or persons 
shall be permitted to drive the fish in the said river by sounds, threshing, beating, or 
in any other way, upon the penalty of three pounds for each and every offence. 

Be it further enacted, that no person or persons be permitted to fish in, the said 
riTer, in any other manner than as aforesaid, excepting with hooks and lines, upon any 
other days and times, from the said twentieth day of March to the said first day of 
June annually, than Tuesdays, Wednesdays, Thursdays and Fridays, beginning at 
the snn's setting on Mondays, and ending at the sun's setting on Fridays, upon the 
penalty of forty shillings for each and every offence. 

And to the end that the fish may more freely pass to the various sources of the 
riTer aforesaid, — 

Be it further enacted, that yearly and every year, from the twentieth day of March 
to the first day of June, th^re be a passage opened in the mill-dam below Pawcatuck 
bridge, from the bed or bottom of the river, fifteen feet in length, beginning at the 
middle of the river, and extending the whole of said length easterly ; that similar 
passages be opened, in manner as aforesaid, in all the other dams in the said river, ten 
feet in length from the middle of the said river. And tlie owner or owners, occupier 
or occupiers of any of the dams aforesaid who shall neglect or refuse to open a pas- 
sage or passages as aforesaid, on or before the said twentieth day of March annually, 
shall forfeit the sum of four pounds for every such refusal or neglect ; and for every 
succeeding day's neglect or refusal to open a passage as aforesaid, from the said 
twentieth day of March to the first day of June annuaUy, the offender or offenders 
shall forfeit one other sum of four pounds. 

Be it further enacted, that no person or persons shall operate with any saw-mill or 
mills, or shall saw any boards, plank or other timber, at any time between the said 
twentieth day of March and the first day of June annually, upon the penalty of three 
pounds for each and every offence. 

Be it further enacted, that all offences against this act shall and may be heard, and 
finally determined, before any one or more justices of the peace in the county where 
the same shall be committed ; and that all penalties incurred thereby shall accrue, the 
one-half thereof to and for the use and benefit of him or them who shall inform of 
and prosecute the same to effect, and the other half to and for the general treasury of 
the state. 

Be it further enacted, that in addition to the penalties aforesaid, whoever shall be 
eonvicted of offending against this act, shall, in default of paying the penalty or fine 
sentenced against him, be whipped not exceeding ten stripes. 

Be it further enacted, that a committee shall be annually appointed by this General 
Assembly to view the river and the dams aforesaid, to see that the obstructions aforcr 
said be removed, and that the passages aforesaid be made and kept open, according to 
the true intent and meaning of this act ; which committee shall be engaged to a &ith- 
fol discharge of their office, and their determinations in matters of their apointment 
shall be final and conclusive. 

And be it further enacted by the authonty aforesaid, that this act shall be consid- 
ered as forming a compact with the state of Connecticut, and f^om which this General 
Assembly will not depart, until tl^e legislature of the state of Connecticut shall agree 

VOL. X. 18 



138 RECORDS OP THE STATE OF RHODE ISLAND [OCT., 

with the legislature of this state to a repeal thereof, alterations therein, or additions 
thereto ; and that the same shall take effect and be in force from and after the first 
daj of March next, provided the said legislature of the state of Connecticut shall pass 
an act similaT thereto, and notify the same to I^is Excellency the Governor, previously 
\o t|iat time, 

Jt is also deemed essential by the undersigned, commissioners as afbresaid, that the 
legislature of the state of Rhode Island enact a similar law to the foregoing, for regu- 
lating the fishery in all the branches and sources of the said Pawcatuck river which 
belong to that stat^ ; and that the same when passed be considered as forming a part 
of the compact aforesaid, and without which the acts of the respective states shall be 
pull and void. 

Done at Stqnington, the sixteenth of September, in the tenth year of the indepen-i 
denoe of the Uqited States, A. D. 1786. 

CHARLES PHELPS, J. M. VARNUM. 

SAMUEL MOTT, R. J. HELME, 

JIATHANIEL MINOR. OLIVER BAVIS. 

And the said report being duly considered, — r 

It is voted q,nd resolved, that the same be, and hereby is, 
accepted ; and that the draught of a bill contained therein 
be, and the same is, hereby passed into a law. 

It is further voted and resolved, that all proceedings 
which have been bad against any persons for breaches of 
the peace, or other unlawful doings relating to the fishery 
in the said river, be, and they are, hereby nullified and 
made void ; and that all persons who have been concerned 
in such breaches of the peace or oflfences aforesaid be, and 
they are, hereby discharged from the same, and exempted 
from all further prosecutions in that behalf 

It is voted and resolved, that Joseph Noyes and Oliver 
Davis, Esqs., and Mr. Walter White be, and they are, hereby 
appointed a committee for the purposes in the act regulat- 
ing the fishery in Pawcatuck river mentioned ; that they 
have all the authority and powers to be vested in the com- 
mittee, agreeably to the aforesaid act ; and that said com-' 
mittee continue till the next general election. 

It Is ftirther voted and resolved, that James M. Varnum, 
Bowse J. Helme, and Oliver Davis, Esqs,, be continued a 
pommitte'e relative to the fishery in Pawcatuck river ; that 
BaicJ committee heq-r the several persons, citizens of this 



1785.] AND PROVIDENCE PLANTATIOKSi 189 

state, owning lands and mills on the branches of the said 
river ; and that they hear, deterinine and report thereon as 
soon as may be. 

Whereas, divers persons preferred a petition and repre- 
sented unto this Assembly, that there are a number of 
shoak and bars in Pawcatuck river, which obstruct the pas- 
sage of vessels ; that if the same were properly cleared out 
it would be greatly advantageous to the public ; and there- 
upon prayed this Assembly to grant them a lottery for 
raising the sum of one thousand dollars, for the purpose of 
clearing the same j which being duly considered,— - 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted ; that a lottery be 
granted for raising a sum not exceeding one thousand dol- 
lars, for the purpose of rendering the said river navigable ; 
that Messrs. Rowse Babcock, Walter White, Thomas Noyes, 
and Oliver Davis be appointed directors of the said lottery, 
they first giving bond to the general treasurer for the faith- 
ful performance of their said trust, in a sum double the 
amount of the money to be i*aised by the sale of the tickets 
in the said lottery; and that no expense accrue to the 
state. 

An Act to prevent annecessArj expense to this ^tate. 

Whereas, it fi'ecluently happens that persons make complaint to th6 jtistices or 
Wardens 9f the peace, foi* goods stolen from theirf, and for bredches of the peace, 
and the justices or wardens grant warrants in behalf of the governor and company to 
apprehend the suspected person ; and whereas, the complainant often .neglects to 
prosecute, of the person duspected is dismissed, whereby the state Is put to great and 
unnecessary expense,*^ 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that no justice or warden Of the peftde shall grant any writ or war- 
rant against aby person, in behalf of the governor and company, upon complaint of 
any person or persons, upon suspicion of stealing, breaches of the peace, or any petit 
offence, unless the party complaining shall giVe bonds or enter into a recognisance, 
with sufficient surety, to prosecute the same With effect; and in case of not making 
good his, her or their complaint, or failure of prosecution, the party complaining shall 
pay all lawful costs, and the same shall be allowed and taxed by the justice Or justices, 
warden or wardens, who hear and determine such warrant or complaint. And if the 
party complaining shall refuse or neglect to pay such costs within three days after 
sach determinatidn, the justice or Justices, warden or wardens, shall issue execution 



140 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

against the complainant, and his, her or their sureties, for the same costs, returnable 
within forty days ; any law, custom or usagQ to the contrary notwithstanding. 



An Act empowering the town of Providence to make by-laws ibr the better regulating 

the said town. 

Be it enacted by this General Assembly, and by the authority of the same it ia 
enacted, that the freemen of the town of Providence, in town meeting assembled, be, 
and they are, hereby empowered to make any by-laws which shall appear to them 
requisite for the welfure and convenience of the said town, and for preserving peace 
and good order, and for the better regulation thereof: provided, such laws be not 
repugnant to the laws of tliis state. 



An Act regulating trade and commerce # 

Whereas, it has become expedient to make some commercial regulations respecting 
the trade of this state, — 

Be it therefore enacted by this General Assembly, and by the authority thereof it i» 
enacted, that there shall not be exported from any harbor or place within this state, 
any goods, wares or merchandise, the growth, manufacture or produce of this or any 
of the United States, in any ship or vessel of any kind, belonging in whole or in part 
to the king of Gt^at Britain, or any of his subjects ; nor shall any ship or other vessel 
owned as aforesaid, and coming from any province, colony or plantation, subject to 
the said King of Great Britain, be permitted entrance into any port or harbor in thia 
state. 

Be it further enacted, that if any ship or other vessel as aforesaid be found in any 
harbor or other place in this state, taking or having on board goods, wares or mer- 
chandise, as aforesaid, or shall continue in any harbor or place as aforesaid the space 
of six hours after reporting according to law, unless in cases of absolute necessity, 
every such ship or vessel, her cargo and appurtenances, shall be forfeited, upon due 
proof thereof before the court of admiralty, the third part thereof to and for the use 
and benefit of him or them who shall inform of and prosecute the same to effect, and 
the other two-thirds to and for the use of this state. 

And be it further enacted, that every ship or vessel that shall navigate witli or be 
possessed of two or more sets of papers, so as to appear tlie property of the subjects 
of the United States of America and Great Britain, as occasion may offer, such ship 
or vessel, with her cargo and appurtenances, and all the property on board, shall be 
forfeited as aforesaid, to and for the uses aforesaid. And if any ship or vessel, clear- 
ing at any intendant's office in this state as the property of any of the citizens of this 
state, shall afterwards enter and discharge her cargo in any British port or ports within 
their provinces or plantations as the property of any American or British subject, 
imtil the proclamations and orders for prohibiting vessels belonging to any of the 
United States from entering their ports, or trafflcing there, shall be reversed, and an 
open trade be allowed, such vessel, upon her return into this state, her cargo and ap- 
purtenances, with all the property on board, shall be forfeited in manner and form 
aforesaid ; and if such vessel shall not return into this state, having transgressed as 
aforesaid, but terminate her voyage elsewhere, then and in such case the owners, 
flreighters and masters of such vessel, and all concerned, or so many of them as can 
be found, shall be liable to pay double the value of such vessel and cargo at the time 
of her clearing as aforesaid, to be recovered in due course of law, by information 
before the superior court, and appropriated as aforesaid. 



1785.] AND PROVIDENCE PLANTATIONS. 141 

FroTided, that nothing in this act shall prevent any ship or vessel now building, or 
hereafter to be built in this state, and owned by British subjects, from taking a cargo 
on board at her first departure, upon the same terms, and no further restrictions, than 
if such ship or vessel was owned by citizens of this state. 

Beaolved, that the secretary cause this act to be published in all the newspapers in 
this state; and that His Excellency the Governor be requested to furnish the Supreme 
Executive of the state of Connecticut with a copy of the same. 



It is voted and resolved, that sixty-five pounds thirteen 
shillings and four pence, lawful money, it being the balance 
of a note of hand heretofore given unto John Rose, Esq., 
for two negro slaves enlisted in this state's service, be paid 
unto John Rose and James Rose, the executors of the last 
will and testament of the said John Rose, deceased, out of 
the general treasury. 

Whereas, William West, Esq., of Scituate, preferred unto 
this Assembly a petition, representing that his affairs were 
much embarrassed, and praying that a lottery might be 
granted him for the disposal of the following lands and 
stock, to wit : One farm lying in Point Judith, in South 
Kingstown, containing two hundred acres, and also twenty- 
seven acres of salt marsh, lying near the same ; one farm 
lying in the town of Killingly, in the state of Connecticut, 
it being in Thompson parish, so called, containing four hun- 
dred acres; also, two hundred acres of timber land, lying in 
the said town of Killingly; three hundred acres of land 
lying in the town of Lyndon ; three hundred and eighty 
acres of land lying in the town of Weston ; four hundred 
and fifty acres of land in the town of Foster, in this state ; 
sixty good cows, eight oxen, five horses, and one hundred 
sheep ; and the said William West further prayed, that the 
said lands and stock may be appraised by men under oath, 
to be appointed by this Assembly, and that Caleb Harris, 
Thomas Holden, James Aldrich, and Daniel Owen, Esqs., 
may be appointed managers of the said lottery ; and that 
they form the scheme of the said lottery, after the said 
lands and stock shall be appraised : which being duly con- 
sidered,— 



142 IlECORD» 01" THE 8TATB OF BflODE I8LAN0 {OCT^f 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted ; that the gentlemen 
nominated therein be, and they are, hereby appointed man'^ 
agers of the said lottery, they first giving bond in a sum 
double the amount of the money to be raised by the sale of 
the said tickets ; that John Williams, Esq., of Foster, An- 
drew Harris, Esq., of Cranston, and John Sayles, Esq., of 
Smithfield, be, and they are, hereby appointed a committee 
to appraise and value the said lands and stock, they first 
taking an oath for making a true and just appraisement of 
the same, according to the best of their judgments ; and 
that no expense accrue hereon to this state. 

It is voted and resolved, that the sutn of four hundred 
and eighty pounds, lawful money, be allowed to Joseph 
Clarke, Esq., general treasurer, for his services, commencing 
in May, A. D, 1783, and ending the first day of May, A. D. 
1785. , 

Whereas, the persons employed in the teaming service 
have received certificates for the same in large sums, where- 
by it hath become extremely difficult to negotiate them ; 
and as the reducing them into smaller sums will be a 
means of the inhabitants' obtaining facilities to pay their 
taxes,-^ 

It is therefore voted and resolved, that any person or 
persons possessed of any certificates for service done by 
teaming, which is recommended by Congress to be paid 
by this state, may, if upwards of forty dollars, carry the 
same to the general treasurer, who is hereby directed to 
receive the same, and to issue smaller certificates therefor, 
to the amount of such certificate by him so received ; that 
the general treasurer do not issue any certificate for a 
less sum than twenty dollars ; that he discharge the larger 
certificate by endorsing on the back of the same that the 
bearer hath received the contents of the general treasurer 
of the state of Rhode Island ; and that he keep an account, 
and register all the certificates he shall so receive. 



1785.] AND PROVIDENCE PLANTATIONS. 143 

And the general treasurer shall give his certificate in the 
following form, to wit : 

A B, or the bearer hereof, is entitled to receiye out of the geneml treasury the sum 
«f dollars ; and the collectors of the taxes in this state are to receive 

this certificate in discharge of the tax ordered by the Gieneral Assembly in August, 
A. D. 1785; this certificate being given to discbarge a certifloata heretofore given by 
]Bdward Chinn, EBf^., unto for teaming services done the United 

States. 

Witness my hand, this day of A. D. 1786. 

It is voted and resolved, that forty-six pounds six shillings 
end six pence half-penny, lawful money, be allowed and paid 
out of the general treasury to Robert Potter, Esq., as guar- 
dian to the heirs of Thomas Eldred, late of North Kings- 
town, deceased ; the same being the consolidated value of a 
^certificate given to the said heirs, for a slave enlisted into 
the Continental service. 

Whereas, Jane Coggeshall, of Providence, a negro woman 
preferred a petition and represented unto this Assembly, 
that she was a slave to Captain Daniel Coggeshall, of New- 
port; that in March, A. D. 1777, the enemy being then in 
possession of Rhode Island, she, together with others, at 
every ri»k*, effected their escape to Point Judith ; that they 
were carried before the General Assembly, then sitting in 
South "Kingstown, who did thereupon give them their liber- 
ty, together with a pass to go to any part of the country to 
procure a livelihood ; that she hath lived at Woodstock and 
at Providence ever since ; that 'during the whole time she 
hath maintained herself decently and with reputation, and 
can appeal to the families wherein she hath lived with 
respect to her industry, sobriety of manners, and fidelity ; 
that of late she hath been greatly alarmed with a claim of 
eome of the heirs of the said Daniel Coggeshall upon her 
still as a slave; that as she has enjoyed the inestimable 
blessing of liberty for near eight years, she feels the most 
dreadful apprehensions at the idea of again falling into a 
state of slavery ; and thereupon she prayed this Assembly 



144 RECORDS OF THE STATE OP RHODE ISLAND [OCT., 

to take her case into consideration, and pass such an act, 
declaring her free, as was passed for a negro man named 
Quaco Honeyman, who in like manner made his escape. 
And the premises being duly considered,— 

It is voted and resolved, that the said Jane Coggeshall 
be, and she is, hereby entirely emancipated and made free. 

Whereas, George Hazard, John Jenckes, and George 
Champlin, Esqs., were heretofore appointed a committee to 
audit and settle the accounts of the general treasurer, — 

It is voted and resolved, that the said gentlemen be still 
continued a committee for the purpose aforesaid, with the 
addition of Rowse J. Helme, Esq. ; that they also make out 
an exact and accurate account of all the money advanced by 
this state unto the continent by any requisition of Congress, 
and all the money and supplies granted by this state to and 
for the use of the United States ; and that they lay the said 
accounts before this Assembly at the next session, that the 
same may be transmitted to the board of treasury of the 
United States. 

Whereas, the following report was presented unto this 
Assembly, to wit : 

Report of the Cominiitee appointed hy the General Assembly 

in relation to manning Fart Washington. 

The subscribers, being appointed a committee, to report the number of men neces- 
sary to be placed in Fort Washington, and the best mode to be adopted in procuring^ 
and paying them, beg leave to report that, in our opinion, if a gunner is appointed for 
the said fort, with the monthly pay of seven dollars, he finding himself, and to have 
the improvement of the barrack on Goat Island, he can be easily obtained ; that if 
some suitable person or persons be empowered to hire four good stout boatmen to 
attend upon the said fort at all times, it will be sufficient ; and that they %gree with 
the men upon the best terms they can, not giving more than seven dollars per months 
they finding themselves. We had in contemplation the calling in a number of the 
invalids that are on half-pay of the state ; but if they are put upon duty, their wagea 
must be augmented to full pay, and their clothing and rations will cost more than 
hiring four boatmen in Newport, who will find themselves. 

All which is submitted by your Honors' obedient servants, 

ESEK HOPKINS, 
GEORGE CHAMPLIN, 
ROWSE J. HELME, 

Committee. 



1785.] 



AND PROVIDENCE PLANTATIONS. 145 



And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; that Mr. John Carr be appointed gunner of the 
said fort ; and that George Champlin and Thomas Rumreill, 
Esqs., be, and they are, hereby appointed a committee, for 
the purpose of hiring four boatmen, agreeably to the said 
report. 



An. Act for raising and paying into the treasury of the United States, this state's pro- 
portion of three millions of dollars, required by a resolution of Congress of the 
27th day of September, A. D. 1785. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that the resolution of the Congress of the United States of the 27th day of Septem- 
ber, A. D. 1785, requiring of this state the sum of sixty -four thousand six hundred 
and thfrty^six dollars, as its quota of three millions of dollars, for paying the interest 
of the national debt for the year 1785, and other purposes therein mentioned, be, and 
the same is, hereby adopted. 

Be it further enacted by the authority aforesaid, that the tax of twenty thousand 
pounds, ordered by this Assembly at the session in August last, and payable on the 
1st day of January next, be, and the same is, hereby appropriated to the payment of 
the said sum of sixty-four thousand six hundred and thirty-six dollars. 

Be it further enacted, that forty-three thousand and ninety dollars and two-thirds 
of a dolIar,4)art of the sum aforesaid, be received by the general treasurer of the col- 
lectors of the several towns, in interest certificates, to be issued by the loan-officers of 
the United States, or in silver and gold, in the proportion of two parts out of three ot 
the sums respectively apportioned to the said towns, in the tax aforesaid ; and that the 
said collectors be, and they are, hereby directed to receive of the individuals upon 
whom the same is assessed two-thirds of the amount of their taxes in the certificates 
aforesaid, or silver and gold equivalent. 

Be it further enacted, that the remaining sum of twenty-one thousand five hun- 
dred and forty-five dollars and one-third of a dollar be received by the general 
treasurer of the collectors aforesaid, in silver and ujold, or certificates of balances due 
to the conductors and owners of ox-teams in the service of the United States in the 
campaign of 1781, pursuant to a resolve of Congress and a resolve of this Assembly, 
passed at the session in June last, founded thereon in manner aforesaid ; and that the 
said collectors receive the one-third of the taxes of individuals in the same manner. 

Be it further enacted, that the general treasurer pay unto the loan-officer aforesaid, 
all the money, in silver and gold, so to be received by him as aforesaid, on or before 
the 1st day of May next, taking his receipt therefor. 

And for preserving the , credit of the certificates to be issued by the loan-officers, 
agreeably to the said resolution, — 

Be it further enacted by the authority aforesaid, that whoever shall counterfeit, 
alter or defiEu:e any of the certificates aforesaid, or shall pass or receive in payment 
any of the said certificates, knowing the same to be thus counterfeited, altered or 
de&ced, shall upon due conviction thereof, suffer the pains of death. 

TOL. X. 39 



146 RECORDS OF THE STATE OF RHODE ISLAND [OOT., 

Whereas, it is highly becoming all states and govern- 
ments to make public acknowledgments, with thanksgiving, 
to the Creator and Supreme Governor of the universe for 
all his mercies, — 

It is therefore voted and resolved, that Thursday, the 
first day of December next, be observed by the inhabitants 
of this state as a day of public thanksgiving to Almighty 
God, for the enjoyment of the free exercise of our rights 
and liberties, religious and civil; for the means of a Chris- 
tian and liberal education ; for blessing the labor of our 
hands, in giving us to reap plentifully the fruits of the fearth 
in their due season, and for all his other mercies, particu- 
larly during the year past ; that the said day be strictly 
observed ; and that His Excellency the Governor be request- 
ed to issue a proclamation accordingly. 

Whereas, several towns are still delinquent in the pay- 
ment of their quotas of divers taxes, — 

It is therefore voted and resolved, that there be allowed 
unto the several towns, delinquent as aforesaid, one month 
fronj the rising of this Assembly for the collecting and pay- 
ing into the geQeral treasury their respective deficiences in 
the aforesaid taxes in arrear. 

Aud whereas, several town treasurers have been com- 
mitted to gaol by virtue of the warrants of the general 
treasurer, for deficiencies as aforesaid, some of whom have 
sued the collectors and tl^eir boqdsn^en and obtained execu- 
tions against thtjm, — 

It is therefore voted and resolved, thfl* the several town 
treasurers committed as aforesaid be liberated; that said 
executions be stayed till the expiration of the aforesaid 
thirty days ; and that the town treasurers of the respective 
towns which shall be delinquent at the end of the said thirty 
days, be recommitted by virtue of the aforesaid warrants : 
provided, nevertheless, that where such town treasurers 
shall have obtained judgments and executions against ^e 
collectors and their bondsmen^ in such case the said town 



1785-] AND PKOVIDENCE PLANTATIONS. 147 

treasurers be discharged^ and the said executions issue 
against the said collectors and their bondsmen^ agreeably 
to law. 

It is further voted and resolved, that in cases where no 
warrant hath issued against any town treasurer of any town 
delinquent as aforesaid, the general treasurer be, and he is, 
hereby directed to issue his warrant against the town treas- 
urers of such towns, returnable in ten days, provided they 
shall be delinquent at the expiration of the aforesaid thirty 
days. 

Whereas, the committee who were appointed to adjust 
the accounts of the regiment late under the command of 
Col. Archibald Crary, for the depreciation of their wages 
and allowances, presented to this Assembly a state of the 
accounts, and reported that there is due to the said regi- 
ment the sum of twenty thousand nine hundred and thirty- 
one pounds eight shillings and ten pence, lawful jnoney ; 
and the same being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
and that it be, and hereby is, recommended to Mr. Edward 
Chinn, the commissioner in this state for settling the ac- 
counts against the United States, to allow the same, and to 
give the necessary certificates to the individuals of the said 
regiment, for the sums due to them respectively. 

Whereas, the committee who were appointed to adjust 
the accounts of the regiment lately commanded by Col. 
Robert Elliott, for the depreciation of their wages and allow- 
ances, presented to this Assembly a state of the accounts, 
and reported that there is due to the said regiment the 9um 
of twenty thousand eight hundred and twenty-one pounds 
nineteen seillings and five pence, lawful money ; and the 
same being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
and that it be, and hereby is, recommended to Mr. Edward 
Chinn, the commissioner in this state for settling the ac- 
counts against the United States, to allow the same, and to 



148 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

issue the necessary certificates to the individuals of the said 
regiment, for the sums due to them respectively. 

Whereas, the committee who were appointed to adjust 
the accounts of the regiment late under the command of 
Col. John Topham, for the depreciation of their wages and 
allowances, presented to this Assembly a state of the ac- 
counts, and reported that there is due to the said regiment 
the sum of twenty-two thousand eight hundred and two 
pounds nineteen shillings and seven pence, lawful money ; 
and the same being duly considered, — 
• It is voted and resolved, that the said report be accepted ; 
and that it be, and hereby is, recommended to Mr. Edward 
Chinn, the commissioner in this state for settling the ac- 
counts against the United States, to allow the same, and to 
issue the necessary certificates to the individuals of the said 
regiment, for the sums due to them respectively. 

Whereas, Mr. Paris Gardner, a deputy sherifi* in the 
county of Washington, hath received a class-bill, to collect 
of the inhabitants of South Kingstown their proportion for 
not raising soldiers in the Continental battalions, and to pay 
the same into the general treasury, which hath not been 
done, — 

It is therefore voted and resolved, that the said Paris 
Gardner pay the deficiency of the said class-bill into the 
general treasury on or before the third day of December 
next, with interest at the rate of six per centum per annum, 
from the time the same ought to have been paid into the 
said treasury ; that in default thereof, the attorney-general 
be, and he is, hereby directed to call a special court upon 
the sheriff of the said county, for his said deputy's neglect ; 
and that the said Paris Gardner be, and he is, hereby em- 
powered to collect interest from all persons who are defi- 
cient in paying their assessments, at and after the rate 
aforesaid. 

Whereas, the following report was presented unto this 
Assembly, to wit : 



1785.] AND PROVIDENCE PLANTATIONS. 149 

Repart (^ the CmnmUee appoirded hy the General Assemh^ 

relative to the petition of Sylvester Sweet. 

T^e, the subscribers, being appointed by the General Assembly a committee to in- 
quire into the pistition of Sylvester Sweet, beg leave to report, that the said Sweet 
enlisted into this state's service, in the company commanded by Capt. ^— Westcott ; 
that at the time Capt. Wallace, of the ship Rose, landed and burnt the houses, &c., 
npon Jamestown, he was taken a prisoner and carried off; that he remained as a pris- 
oner confined on board the said ship, and a prison-ship in England, two years ; that he 
was then taken out and transferred to a ship in the British service and obliged to do 
duty ; that at the cessation of hostilities he was dismissed, and had his wages paid 
him, and returned to this state ; that his wife during his absence received two months' 
wages ; and that if the sum of twenty pounds be granted unto the said Sweet, it will 
be doing justice to the state and said Sweet, and will be in full compensation for his 
services, &c. 

Which is submitted by your Honors' obedient servants, 

ESElt HOPKINS, 
PAUL ALLEN, 
ROWSE J. HELME, 

Committee^ 

And the said repdft being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said sum of twenty pounds, lawful 
money, be allowed and paid the said Sylvester Sweet out of 
the general treasury. 

Whereas, several persons who bid off lots at the sale of 
the Point Judith farm, so called, at public vendue, have 
neglected to fulfil the conditions of sale, by not paying the 
money into the general treasury, — 

It is therefore voted and resolved, that if such persons 
or any of them shall neglect to pay into the general treas- 
ury their several deficiencies of the sums bid as aforesaid, 
within sixty days from the rising of this Assembly, the lot 
or lots bid off by such person or persons so neglecting as 
aforesaid shall be considered as forfeited to the state, agree- 
ably to the conditions of sale ; and that the same be again 
exposed to sale by the former committee, on the same 
terms and conditions which were annexed to the former 
sale. 

It is voted and resolved, that the gunner and men belong- 
ing to Fort Washington be, and they are, hereby directed 

/ 



150 RECORDS OF THE STATE OP RHODE ISLAIO) [OCT., 

to assist the intendants of trade and collectors of impost in 
this state, whenever called upon by either of the said ofl&- 
cers in their said capacities ; that all vessels coming into the 
harbor of Newport be obliged to come within hail of the 
said fort ; that all vessels that shall attempt to pass out to 
sea, without producing a pass to the gunner of the said fort 
from the intendant of trade for the county of Newport, or 
their clearance from some other port in this state, and shall 
be fired upon from the said fort, shall pay for each shot so 
fired as followeth, to wit : For every three-pound shot, five 
shillings ; for every six-pound shot, nine shillings ; for every 
nine-pound shot, fifteen shillings ; for every eighteen-pound 
shot, thirty shillings; for every twenty-four-pound shot^ 
thirty-six shillings ; and that the intendant of trade for the 
county of Newport be, and he is, hereby empowered to col- 
lect the said penalties accordingly. 

An Act in amendment of and addition to the laws already 
in force for collecting duties upon imported goods. 

[For this act at length, see Schedule.] 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to issue certificates or orders for 
the interest upon all state securities, as it annually becomes 
due. 

It is voted and resolved, that the following accounts be 
paid out of the general treasury, viz. : 

BUls Ordered to he Paid. 

£ s. d. 

William Tjler, for painting the outside of the state house, Proridence 30 18 4 

George Gibbs, for repair of house and wharf on Goat Island 282 S 9 

" " " " state house, Newport 44 18 6 

Richard Hopkins, a wounded soldier belonging to Col. Greene's regiment. . 18 
Marj Johnson, widow of Lieut. David Johnson, of Col. Greene's regiment, 

on account of seven years' half-pay and interest 225 6 5 

Martha, widow of Daniel Fenner, a soldier, for half-pay 7 12 

Nathan Miller for making out pay abstracts. , 86 12 



1786.] AND PROVIDENCE PLANTATIONS. 151 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby re- 
ferred unto the next session ; and that this Assembly be, 
and hereby is, adjourned to the last Monday in February 
next, then to meet at the state house in Providence. 

God save the United States of America. 



Letter from John Adams to ^Governor William Cfreene. 

Grosvenor square, Westmiaster, Dec. 18, 1786. 

Sir : — The right honorable the Marquis of , His Britannic Miyesty's 

principal secretary of state for foreign affairs, in a letter which His Lordship did mo 
the honor to write me on the 80th of last month, informed me that the commissioners 
of American claims had notified to His Lordship that by virtue of the act of Parlia- 
ment now in force, they have appointed John Anstey, of Lincoln's Inn, barrister at 
law, to repair to the United States of America, to inquire into such facts and circum- 
stances as may be material for the better ascertaining the several claims which have 
been or shall be presented, undef the authority of the present or former act. and that 
they were of opinion, the countenance of the several states might tend to facilitate 
the execution of this employment. 

And His Lordship having requested that I would communicate Mr. Anstey's ap- 
pointment to the members of Congress and recommend him to their protection and 
countenance, in the execution of the business with which he is charged, and as I con- 
ceive that Mr. Anstey's honorable reception in America, and the facilities afforded 
him by government in the execution of his employment, will redound to the honor 
and interest of the United States, I beg leave to recommend him to Your Excellency, 
and to every countenance, protection and aid which the service may require, and 
which Tour Excellency may with propriety give. 

I have the honor to be, with great respect, sir, 

Tour most obedient and most humble servant, 

JOHN ADAMS. 
Excellency Wm. Greene, Governor of Ehode Island. 



Letter from James Bowdoin to Governor Greene. 

Boston, December, 1785. 
Sir : — I have the honor to enclose to Your Excellency a copy of an act passed by 
legislature of this state at their late session ; and also a copy of a letter on the sub- 
ject of it, which I have sent to the governors of the several states, that have not 
passed similar acts. 

Your Excellency's letter, enclosing the act of your state relative to British vessels 
was, together with the act, communicated to the legislature of this state. 
With the most perfect esteem, I have the honor to be, 

Your Excellency's most obedient, humble servant, 

JAMES BOWDOIN. 
SxoellencT' Gov. Greene. 



152 REC0RD8 OP THE STATE OF RHODE ISLAND [FeB., 

Commonwealth of Massachusetts. 

In the year of our Lord one thousand seven hundred and thirty-fiye. 

An Act, repealing in part an Act entitled /' An Act for the regulation of nayigation 

and commerce." 

Whereas, some of the restrictions laid upon foreigners indiscriminately, by the act 
for regulating navigation and commerce, are found in some instances to militate with 
the principles of reciprocity, which ever ought to be adopted in commercial regula- 
tions, — 

Be it enacted by the Senate and House of Representatives, in general court assem- 
bled, and by the authority of the same, that from and after the passing of this act, 
the several clauses contained in the before-recited act, which impose a duty of ton- 
nage on all foreign vessels, which subject the goods imported in foreign vessels, to the 
payment of double duties, and which confine the unloading of goods from any foreign 
vessel to the ports of Boston, Falmouth and Dartmouth, except so far as is hereafter 
provided, be, and they are, hereby repealed. 

Provided, that the duty of light-money required of all foreigners, shall be one shil- 
ling and ten pence per ton, in addition to the light-money paid by the subjects of the 
United States, and no more. 

Provided, always, that the act aforesaid, and every clause thereof which respects 
foreigners and their property, shall be construed to be in full force against the subjects 
of the king of Great Britain and the property of such subjects. 

In the House of Representatives, Nov. 29, 1785. 
This bill, having had three several readings, passed to be enacted. 

NATHANIEL GORHAM, Speaker. 

In Senate, Nov. 29, 1785. 

This bill, having had two several readings, passed to be enacted. . 

SAMUEL PHILLIPS, Jr., President. 

By the Governor : Approved. 

JAMES BOWDOIN. 



Jjctterfrom James Bazvdoin to Governor Greene. 

Boston, December, 1785. 

Sir : — I had the honor of transmitting to Your Excellency in July last, a copy of 
an act passed by the legislature of this commonwealth, entitled ''An Act for the regu- 
lation of navigation and commerce." As some of the regulations and restrictions of 
that act extended to foreigners indiscriminately, and were found in some instances to 
militate with the principles of a friendly reciprocation, the legislature thought proper 
to repeal it in part ; and the repealing act is enclosed. 

The principal intention of the first-mentioned act being to induce Great Britain to 
relinquish her commercial regulations respecting the United States, the legislature of 
this state adopted that act in confidence that the other states of the Union would 
respectively enact a similar one, so far as it respects the subjects of Great Britain. I 
have the pleasure to inform you that the states of New Hampshire and Rhode Island 
have passed such acts ; and should like acts be passed by the legislatures of the other 
states, it is highly probable that Great Britain would recede from her new regulations. 
She has adopted them by way of experiment, and upon the idea that the thurteen 
states would not be united in measures that would effectually counteract them. 



1786.] AND PROVIDENCE PLANTATIONS. 153 

But I4iope and trust she will soon find herself disappointed in that idea; for which 
purpose I am desired by the legislature of this commonwealth to request Your Excel- 
lency to lay those two acts before the General Assembly of your state, that they may 
take such measures on the subject of them as their regard for the. general interest of 
the Union shall dictate. 

I beg leave to refer you to my former letter on the same subject, and have the 
honor to be, sir. 

Your Excellency's most humble, obedient servant, 
(Signed) JAMES BOWDOIN.. 



Proceedings of the General Assembly of the Staie of RJwde 
Island and Providence Plantations^ ai Providence^ on the last 
Monday in February ^ 1786. 

His Excellency William Greene; Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

It is voted and resolved, that Thomas Rumreill, Esq., be, 
and he is, hereby appointed auditor of accounts for this 
state. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby empowered to receive into his office, his 
note as general treasurer, dated 20th of May, 1783, for six 
hundred and sixty-four pounds fourteen shillings and three 
pence, lawful money, payable to Ebenezer Richardson, Esq., 
late of Newport, deceased, or his order on demand, with 
interest; and that the general treasurer give other notes 
therefor of the same date and to the same amount, so as to 
enable the executors to make division thereof amongst the 
heirs or devisees of the said Ebenezer Richardson, agreeably 
to his last will and testament, or in such manner as they, 
the said executors, heirs or devisees, by themselves or guar- 
dians may agree. 

It is voted and resolved, that twenty-one pounds fourteen- 
shillings, lawful money, be allowed to Mr, Robert Brattle, it 

VOL. X. 20 



154 RECORDS OP THE STATE OP RHODE ISLAND [FeB., 

being the amount of an account by him exhibited, for a 
boat by him furnished for the use of Fort Washington, &c., 
as reported by the auditor, and that the same be paid by 
Thomas Rumreill, Esq., intendant of trade for the county 
of Newport, out of the light-money by him collected. 

Whereas, Nathan Kinyon, of Charlestown, yeoman, pre- 
ferred a petition and represented unto this Assembly, that 
he purchased the lots No. 1 and No. 3, of the Point Farm, 
so called, and that he hath paid upwards of three thousand 
pounds in part of said purchase, together with more interest 
than is due upon the whole purchase-money ; that in conse- 
quence of disappointments and the great scarcity of money, 
he has not been able to discharge the whole of the purchase- 
money; and thereupon he prayed this Assembly that he 
may have a deed of the lot No. 1, and that a further time 
may be given him to collect the remainder of the nioney 
due upon the said purchase : which being duly consid- 
ered, — 

It is voted and resolved, that the general treasurer be, 

* 

and he is, hereby empowered and directed to make and exe- 
cute a deed with warranty to the said Nathan Kinyon, of 
the said lot No. 1, conveying to him, his heirs and assigns, 
all the right, interest and title which Samuel Sewall had in 
and to the same when it was confiscated to and for the use 
of this state ; and that the general treasurer at the same 
time cancel so much of the receipts which he has given for 
money paid on account by the said Nathan Kinyon before 
the execution of the said deed. 

It is further voted and resolved, that a further time be 
allowed to the said Nathan Kinyon to pay the purchase- 
money of the remainder of the estate bid off by him, to 
wit, until the first day of June, A. D. 1786 ; that he pay 
the same in state notes which have not had the interest 
granted on them since the day of sale, or in notes on which 
interest has been granted since the said day of sale, together 
with inipost orders to the amount of such interest granted, 



1786.] AND PRO\TDENCE PLANTATIONS. • 155 

in addition to the balance due by the conditions of ^ sale; 
and that if the said Nathan Kinyon do not pay the amount 
of what may be due by the said first day of Jtlne, that 
then he sliall pay interest upon the sum so deficient from 
the time the purchase-money first became due. 

It is voted and resolved, that the petition preferred unto 
this Assembly by the inhabitants of Potowomut, in the town 
of Warwick, praying that they may be annexed to the town 
of East Greenwich, be referred to the next session of this 
A/ssembly ; and that the town of Warwick be cited then to 
answer the same, if they see cause, by a citation to be served 
on the town clerk. 

It is voted and resolved, that the account of Mr. Paul 
Allen, exhibited unto this Assembly, for tar furnished Silas 
Talbot, Esq., for a fire-sloop, be, and the same is, hereby 
recommended to Edward Chinn, Esq., the commissioner in 
this state on public accounts, for adjustment and payment. 

Whereas, Mr. Edward Thurber, Jr., preferred a petition 
and represented unto this Assembly, that at the general 
election, A. D. 1779, he, being in the service of the state, 
was deprived of one of his hands and greatly disabled in 
the other, by which misfortune he is rendered incapable of 
supporting himself by labor; that he has since received 
only one year's support from the state, and thereupon prayed 
this Assembly for relief; and the premises being duly con- 
sidered,— 

It is voted and resolved, that the said Edward Thurber, 
Jr., be, and he is, hereby declared to be entitled to receive 
a pension of eighteen pounds per year, out of the general 
treasury of this state, during the term of his natural life ; 
and that the general treasurer be directed to pay the same 
accordingly, from the 5th day of May, A. D. 1780, he having 
already received payment for the first year. 

Whereas, the committee who were appointed to inquire 
into the facts set forth in the petition of John Wanton, pre- 
ferred unto this Assembly, praying that an allowance may 



156 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

be made bim for two houses which were pulled down for 
the purpose of erecting the North battery upon the point 
ip Newport, presented unto this Assembly the- following 
report, to wit : 

.Report of the Committee appointed hy the General Asaembfy 

upon the petition of John Wanton, 

According to our appointment by the Honorable General Assembly, we have made 
what inquiry we could concerning the removal of John Wanton's house and bake- 
house, and find it was by order of the commanding officer ordered to be removed, and 
it is our opinion that said Wanton have and receive of the state seventy -five pounds-, 
lawful money, in full compensation for said buildings. 

WILLIAM RICHMOND, 
WILLIAM LADD, 
JOHN TOPHAM, 

Committee. 
Newport, Dec. 9, A. D. 1786. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said sum of seventy-five pounds be 
paid to the said John Wanton out of the general treasury. 

Whereas, the committee appointed to consider the ser- 
vices of Major John S. Dexter, as agent to the Rhode Island 
regiment, presented unto this Assembly the following report, 
to wit: 

Report of the Committee appointed hy the General ABsemhly 
relative to the services of Major John S, Dexter^ as agent of the 
Rhode Island regiment. 

In obedience to the appointment of the Honorable the General Assembly, your 
committee hare carefully examined the doings of Major John S. Dexter, who was 
appointed agent to the Rhode Island regiment, in order to get their accounts settled 
with the paymaster general, and find that he completed the same after nine months' 
dose attendance on the same ; that he received from the paymaster general one hun- 
dred and forty -seven thousand seven hundred and two dollars and twenty-four nine- 
tieths, in certificates, on a final settlement of the balances due to the officers and 
aoldiers of the Rhode Island regiment; that he has delivered out to the'several officers 
and soldiers of the regiment, one hundred and forty-four thousand six hundred and 
ninety-five dollars and seventeen ninetieths, as per his receipts for the same, and has 
delivered the remainder into the hands of your committee, amounting to three thou- 
sand and seven dollars and seventy-three ninetieths, for which he has our receipt, and 



1786.] AND PROVIDENCE PLANTATIONS. 157 

which we herewith present. And your committee are of opinion that the said John S. 
Dexter oaght to have four hundred and fifty dollars for his faithful serrice in trans- 
acting the business ; and that the same be charged to the United States, agreeably to 

the resolution of Congress of May 27, 1785» 

JOHN JENCKES, 

PAUL ALLEN, 

JEREMLAH OLNEY, 

Committee. 
PrOTidence, Feb. 17, A. D. 1786- 

And the said report being duly considered, — ^ 

It is voted and resolved, that the same be, and hereby is, 
accepted. ; that the aforesaid certificates, in the hands of the 
committee, be by the said Jeremiah Olney delivered into 
the general treasury for the use of the several individuals 
to whom the same belong ; that the general treasurer 
deliver the same accordingly, on application ; that the said 
sum of four hundred and fifty dollars be paid to the said 
John S. Dexter, out of the general treasury, in compensa- 
tion for his services ; and that the said sum be charged to 
the United States. 

Both houses, being joined in a grand committee, made 
choice of the following officers, to wit : 

The Rev. James Manning the first, and Nathan Miller, 
Esq^, the second delegate to represent this state in the 
Congress of the United States of America for the year 
ensuing. 

It is voted and resolved, that Nathan Miller, Esq., be, and 
he is, hereby empowered to receive of John Peirce, Esq., 
commissioner of army accounts, such certificates as shall 
remain unissued belonging to the inhabitants of this state, 
and not appertaining to the line of this state; and that the 
said Nathan Miller give his receipt therefor, and deposit 
the same in the general treasury of this state as soon as 
may be. 

Whereas, Mr. Reynold Knowles preferred a petition and 
represented unto this Assembly, that in pupsuance of a reso- 
lution of this Assembly authorizing the collectors of taxes 
of the town of South Kingstown to receive certificates for 



158 RECORDS OP THE STATE OF RHODE ISLAND [FeB., 

interest arising on loan-office certificates in payment of the 
deficiency of the taxes due from the said town, he supplied 
himself with certificates to discharge a tax due from him to 
George Tefil, one of the collectors for the said town ; that 
before he had an opportunity of discharging the said tax, 
the time (being imknown to him) for the payment of the 
same in the said certificates expired ; and that he is now in 
danger 'of having his stock taken for that purpose, and 
thereupon prayed this Assembly for relief; which being 
duly considered, — 

It is voted and resolved, that the said Reynard Knowles 
be, and he is, hereby empowered to pay the tax due from 
him to the said George Teffl, in certificates for interest 
arising on loan-office certificates. 

It is voted and resolved, that it be, and hereby is, recom- 
mended to Edward Chinn, Esq., the commissioner for settling 
the Continental accounts in this state, to issue certificates 
to the inhabitants of this state in compensation for the 
damages they have sustained in their houses or other build- 
ings, in consequence of the American troops being quartered 
in them during the late war, upon such damage being duly 
and properly ascertained. 

It is voted and resolved, that it be, and is, hereby recom- 
mended to Edward Chinn, Esq., commissioner for settling 
the Continental accounts in this state, to allow to the town 
of Providence ninety-two pounds, lawful money, it being 
the estimated damages done to the brick school-house be. 
longing to the said town, improved by the United States as 
a laboratory, &c., during the late war. 

Whereas, Jeremiah Olney, Esq., presented unto this As- 
sembly the following return and representation, to wit : 



1786.] 



AND PROVIDENCE PLANTATIONS. 



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160 RECORDS OF THE STATE OP RHODE ISLAND [FeB., 

I, the subscriber, being solicited by several widows of the unfortunate officers 
contained in the above return, to represent their respective claims (to the provision 
generously made and provided by Congress for their relief and support) to the Hon- 
orable Greneral Assembly, therefore I have made a careful and particular examination 
into their respective claims, and in their behalf beg leave to submit the above return, 
containing all the officers (belonging to the state of Rhode Island) who have died in 
the service of the United States, showing the balances due to each, amounting to the 
sum of two thousand five hundred and eight pounds three shillings, including interest, 
for the payment of which the state is requested to make provision and charge the 
same to the account of the United States, agreeably to an ordinance of Congress 
passed on the 24th of August, 1780. I having been informed that the son of the late 
Capt. Shaw, and also the son of the late Lieut. Wicks, who are the lawful heirs, are 
yet under age, have therefore thought proper to submit for consideration the expe- 
diency of retaining the balances due these heirs till they become of lawful age. 

I have the honor to be, gentlemen, 

Your obedient humble servant, 

JEREMIAH OLNEY, 

Late Commandant of the Rhode Island regiment. 
Providence, March 3, 1786. 

Which being duly considered, — 

It is voted and resolved, that the said representation be 
received ; that the general treasurer be directed to give his 
note to the legal representatives of the several deceased 
ofl&cers whose names are contained in the said roll, for the 
balances due to them respectively, and the interest thereon 
till the first day of April next ; that the said notes bear 
dajte to the first day of April, A. D. 1786, and be payable on 
demand, with interest ; and that the secretary be directed 
to furnish the general treasurer with a copy of this roll and 
resolve. 

Whereas, it is of the utmost importance that the accounts 
of this state with the United States be immediately adjusted: 

It is therefore voted and resolved, that Rowse J. Helme, 
Esq., be, and he is, hereby appointed to prepare the said 
accounts for settlement; that he procure the necessary papers 
and vouchers for that purpose, and attend with Edward 
Chinn, Esq., the commissioner for settling the accounts of 
the United States in this state, in the adjustment thereof; 
and that an adequate allowance shall hereafter be made to 
the said Rowse J. Helme, for his services in the transaction 
of this business. 



1786.] 



AND PROVIDENCE PLANTATIONS 161 



Whereas, Mr. Paul Allen, Rowse J. Helme, and Jeremiah 
Olney, Esqs., presented unto this Assembly the following 
reports, to wit : 

Report cf the Cmimittee ^ appointed hy the General Assembfy 
upon the balances due and monthly allowances made to dioers 
invaUds. 

State of Rhode Island and Proyidence Plantations. 
To the Honorable General Assembly of the state aforesaid : 

Gentlemen : — In conformity to the appointment of your Honors at October last* we 
have given public notice by advertisement in the newspapers, to all persons resident 
within this state who have been disabled in the serrlce of the United States, and are 
entitled to the benefits of an ordinance of Congress passed in June, A. D. 1786, to 
appear before us at the state house in Proyidence, to be examined relative to their 
respective disabilities and sufierings ; aud agreeably thereto we have examined and 
given certificates to forty-six invalids, whose monthly pensions amount to one hun- 
dred and ninety dollars and one- third, and have made out a Ust of their names, ages, 
and descriptions, which we herewith present. Capt Thomas Arnold having delivered 
to us his commutation notes, amounting to twenty -four hundred dollars, he is enrolled, 
and his notes are now upon the table. We have likewise made out a particular list 
of the'arrear wages due to divers invalids, with the compound interest thereon up to 
the day they were severally inspected, amounting to six hundred and fif^-two pounds 
nineteen shillings, which is contained in the rolls. As the persons who have obtained 
certificates have received them at divers times, and they bear different dates, we think 
it expedient for the fiicilltating of the business and rendering the accounts more easily 
settled, to direct the general treasurer to pay them all up to a fixed day, that their 
quarterly payments be uniform. 

All which is submitted by your Honors' humble servants, 

PAUL ALLEN, 
ROWSE J. HELME, 
JEREMIAH OLNEY, 
TOL. X. 21 Committee. 



162 



RECORDS OF THE STATE OP RHODE ISLAND 



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AND PROVIDENCE PLANTATIONS. 



163 



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AND PEOVIDENCE PLASTATIONS. 



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AUD PROVIDENCE PLANTATIONS. 



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RECORDS OF THE STATE OF RHODE ISLAND 



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1786.] AND PROVIDENCE PLANTATIONS. 169 

Which being duly considered,— 

It is voted and resolved, that the said report be accepted ; 
that the general treasurer be directed to issue certificates 
to the several individuals named in the said roll, agreeably 
to the said abstract, to the amount of their respective pen- 
sions in arrear, to the last day of December, A. D. 1785, 
inclusively; that he pay the said individuals respectively 
their pensions, agreeably to the said roll, in future quarter- 
ly ; that the secretary furnish the general treasurer and the 
secretary at wttr with a copy of the said roll, report, abstract 
of balances due, and this resolve ; and that the certificates 
aforesaid be received in payment of the specie part of the 
last state tax, pursuant to a resolve of this Assembly. 

An Act for giving and granting to the United States in 
Congress assembled, certain imposts and duties on foreign 
goods imported into this state, and for the particular pur- 
pose of paying the principal and interest of the debt 
contracted in the prosecution of the late war with Great 
Britain. 

[For this act at length, see printed schedule.] 

• 

It is voted and resolved, that the time for collecting and 
paying into the general treasury the tax of twenty thou- 
sand pounds, ordered at August session last, be postponed 
to the first day of May next ; that certificates for pensions 
due to the invalids up to the 31st day of December, A. D. 
1785, inclusive, be received by the collectors in satisfaction 
of the third part of the said tax, which by the act of appro- 
priation thereof is to be satisfied with ' teaming certificates, 
or silver or gold ; that all interest which has been collected 
upon the said tax be returned to the persons from whom 
the same has been received ; and that no interest be col- 
lected upon the said tax until after the said first day of 
May next ; anything in the acts for granting the said tax or 
appropriating the same to the contrary notwithstanding, 

YQL. X« 22 



170. RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

It is voted and resolved, that Nathan Miller, Esq., be, and 
he is, hereby empowered to receive four certificates, issued 
by John Pierce, Esq., commissioner of army accounts, in 
favor of Captain Thomas Arnold, on the final settlement of 
his accounts, amounting to two thousand four hundred dol- 
lars ; the said Thomas Arnold being put by his own request 
upon the list of invalids of this state, in preference to the 
said certificates, agreeably to a resolution of Congress ; and 
that the said Nathan Miller take a receipt for the same. 

An Act suspending the Act regulating trade and commerce. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the act ot this Assembly made and passed at the session in October last^ 
entituled, "An Act regulating trade and commerce," be, and the same is, hereby sus- 
pended, until a similar act shall have been passed by the legislature of the state of 
Connecticut, and thc-executire authority of this state shall have notice thereof. That 
His Excellency the Governor, upon the receipt of such act, which may be passed by 
the legislature of Connecticut, be requested, and he is, hereby empowered to issue 
his proclamation, affixing and making known the day on which the said act hereby 
suspended shall begin to operate ; having particular reganl to the time when the act 
of Connecticut shall be in force. That during the suspension of said act, all former 
laws relating to the said trade, and the duty and impost thereon to be demanded, be,, 
and the same are, hereby declared to be in full force ; and all officers and others are 
to govern themselves accordingly. 

Ordered, that a copy hereof be transmitted to the executive of Connecticut, and 
published in the Newport and Providence newspapers. 

Whereas, divers of the inhabitants of the town of Smith- 
field and Cumberland preferred a petition and represented 
unto this Assembly, that heretofore this Assembly granted 
a lottery for erecting a bridge across Pawtucket river, near 
to Furnace Unity, so called ; that in the course of the late 
war, another lottery was granted for repairing the said 
bridge, which lottery, by reason of the rapid depreciation of 
the currency, proved" ineffectual ; that sums of money have 
been since contributed to the repairing the said bridge by 
the inhabitants continuous; and that the same is now impas- 
sable for carriages, and will soon be ruined unless repaired ; 
and thereupon prayed this Assembly to grant a lottery to 
raise the sum of four hundred and fifty dollars to repair the 
said bridge, and to appoint Jotham Carpenter, Esq., of Cum- 



1786.] AND PROVIDENCE PLANTATIONS. 171 

berland, and Capt. David Sayles, of Smithfield, managers of 
the same; which being duly considered, — 

It is voted and resolved, that the said petition be, and the 
same is, hereby granted ; that the said Jotham Carpenter 
and David Sayles be appointed directors of the said lottery, 
they giving bond in double the value of the tickets, accord- 
ing to law, for the faithful performance of their trust; and 
that no expense accrue hereon to the state. 

Whereas, divers of the inhabitants of the town of Gloces- 
ter preferred a petition unto this Assembly, praying that a 
lottery may be granted them for raising the sum of five 
hundred pounds, lawful money, for the purpose of building 
a meefing-house in the north part of the said town, and 
purchasing a lot for the same ; and also a small lot for the 
use of their society commonly called "The old standing 
Baptists ; " which society is under the care of Messrs. Ed- 
ward Mitchell, John Winsor, William Bowen, and Philemon 
Hynes; and that Messrs. Stephen Winsor, Arnold Smith, 
Martin Smith, and Jesse Smith may be appointed directors 
of the same. And the said petition being duly consid- 
ered, — 

It is voted and resolved, that the same be, and hereby is, 
granted; that the said persons be managers of the said lot- 
tery, they giving bond agreeably to law, in a ^um double 
the amount of the'^um which is to be raised by the sale of 
the tickets; and' that no expense accrue hereon to the 
state. 

Whereas, the following report was presented unto this 
Assembly, to wit : 

Report of the Committee appoitited by the General Assemhbf 
in relation to the estates of Joseph and WiUiam Wanton, 

We, the subscribers, being a committee appointed to make a final settlement of all 
the accounts and demands against the estates of Mi^ssrs. Joseph and William Wanton, 
absentees, and to inquire into and report the circumstances of the said estates, beg 
leave to inform Your Honors that we, having transmitted to Mr. William Wanton the 
aocoontB which we received which were not settled by the former committee, and 



172 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

haying received a state of the Bame from him, settled the same agreeahly to his state^ 
ment thereof. We find that the former committee settled and allowed demands 
against the said estates to the amount of £4,001 17s. 9}^/., and of which the sum of 
£2,909 9id. has been paid to the creditors hy the general treasurer's giving his note 
therefor; that the sum of £1,192 17s. id., the balance of the accounts settled by the 
former committee, the creditors have not received the treasurer's notes for the same. 
The demands we have adjusted and allowed, and which we now present, amount 
to the sum of £2,287 6s. ^d. There are accounts exhibited to the amount of 
£1,100 Is. llid.f which is out of our power to determine upon, and are submitted to 
this Assembly for their consideration. We find that the estates belonging to the said 
absentees, consisting of a farm upon Prudence island, and a house in Newport, sold 
for £5,474 9s. Qd. only ; and that the estates sold are not sufficient to pay the demands 
against said estates which have been allowed by the former and your present com- 
mittee, by a deficiency of £814 14s. id., exclusive of the costs the state have been at 
in confiscating the same and paying committees, &c. We find, also, by some of the 
accounts and claims, that there are balances due to the said estates ; but we imagine 
it will be almost impossible to collect the same, unless the debtors are so honest as to 
pay the same without a law- suit. There still remains unsold of the said .estates, a 
farm upon Jamestown oi about 140 acres, Gould island, and the house and wharf in 
Newport, all which said estates are in a very ruinous condition. Mr. Joseph Wanton 
left a widow and an infant son, who is now about years old, who claim the com- 

passion of this Assembly. 

All which is submitted by your Honors' obedient servants, 

£SEK HOPKINS, 
ROWSE J. HELME, 
DANIEL MASON, 
NATHAN MILLER. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the general treasurer be directed to pay 
to the several individuals named in the said report, or their 
legal representatives, the several balances reported to be 
due to them as aforesaid, amounting in the whole to two 
thousand two hundred and eighty-seven pounds six shil- 
lings, lawful money, by giving his promissory notes for the 
same, payable on demand, with interest 

It is voted and resolved, that the Hon. James Manning 
and Nathan Miller, Esq., be, and they are, hereby empow- 
ered to draw three hundred dollars each, out of the general 
treasury, and that they account for the same as delegates. 

It is voted and resolved, that the account of Mr. Benja- 
min Fry, presented unto this Assembly, for the use of his 
house as an hospital for inoculating Colonel Christopher 



1786.] AND PROVIDENCE PLANTATIONS. 173 

Greene's regiment, in the year 1778, &c., be, and the same 
is, hereby recommended to Edward Chinn, Esq., commis- 
sioner for public accounts in this state, for settlement. 

It is voted and resolved, that the following accounts be 
paid out of the general treasury, viz. : 

BUh Ordered to be Paid. 

£ 8. d. 

Robert BratUe, fur a boat for the use of Fort Washington 22 14 

Nancj Hawkins, widow of John Hawkins, a soldier who was taken prisoner 
' early in the war 24 

Benjamin Fowler, for a boat taken from him in the expedition against 

Rhode Island in 1778 7 10 

John Lawton, for boarding and nursing Daniel Tillini^hast, Jr., a sick sol- 
dier, in 1776 11 14 

Col. Henry Sherburne, pay for service in the array of the United States. . .257 7 2 

D. Tilliiighast, for 215 pounds English cheese supplied the state troops in 

the year 1776 18 8 9 

Joseph Whitroarsh, for sixteen weeks' serrice in recruiting, in the years 

1776 and 1777, agreeable to a resolution of. Congress 84 8 5 

Ensign Parismus Austin, for the loss of his thumb while endeavoring to 
preserve the boats on the 10th August, 1778, which landed the troops 
upon Rhode Island $25 00 

It is voted and resolved, that all business lying before 
this Asgembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned to the second Monday in 
March instant, then to convene at the state house in East 
Greenwich, in the county of Kent 

God save the United States of America. 



David Ramsay y President of Cofngress^ to the Governor of Rhode 

IsTand. 

New York, February 1, 1786. 

Sir: — In conformity to the resolution enclosed, it becomes my duty to write to the 
executives of the several states which are at present unrepresented in Congress. 

Three months of the federal year are now completed, and in that whole period no 
more than seren states have at any one time been represented. No question except- 
ing that of adjourning from day to day can be carried without perfect unanimity. 
The extreme difficulty of framing resolutions against which no exception can be taken 
by any one state, can scarcely be conceived but by those whose unfortunate situation 



174 RECORDS OP THE STATE OP RHODE ISLAND [FeB,, 

has led them to experience the perplexing embarrassment. Was the conyeofence of 
the present members only concerned, Your Excellency would not baye been troubled 
with this letter. Sorry I am to add that the roost essential interests of the United 
States suffer from the same cause. The languishing state of public credit is notorious 
both in Europe and America. What an additional wound must be given to it when it 
is known that no plans can be made for the payment of our debts, without the unani- 
mous consent of nine states, and that only sevon states have yet come forward with a 
representation? The disposition of our western territory — an American coinage — 
commercial arrangements with European powers, particularly Great Britain — and a 
variety of other matters of immense and pressing importance, but for want of an addi- 
tional number of states, nothing can be done. 

I forbear to mention to Your Excellency that even in private life, where two persons 
agree to meet at a given time and place, for the afj^ustment of their common concerns, 
the one who attends has a right to complain that he is not treated with common 
politeness by the other who breaks his appointment. I say notlung of the unequal 
burden imposed on the seven states who are present : they incur a heavy expense to 
maintain their delegates, and this expense is rendered inefficient, because that out of 
the other six no two have come forward to conclir with them in despatching the public 
business. Least of all would I insinuate that the present states might be justified in 
resolving that as they had attended three months to no purpose, tliey would in their 
turn relinquish the public service, and leave the other states, should they come on, to 
suffer a similar mortification to what they have long experienced, of meeting and 
adjourning from day to day without having it in their power to enter on the most im- 
portant and pressing national business. * 

The remissness of the states in keeping up a representation in Congress naturally 
tends to annihilate our confederation. That once dissolved, our state establishments 
would be of short duration. Anarchy or intestine wars would follow, till some future 
Csesar seized our liberties, or we would be the sport of European politics, and perhaps 
parcelled out as appendages to their several governments. 

In behalf of Congpress, in the chair of which I at present have the ho^or to sit, I 
beseech Your Excellency, by the regard you have for our federal government, to use 
your utmost endeavors to induce the delegates of your state to give their immediate 
attendance in Congress. 

I have the honor to be 

Your Excellency's most obedient and most humble servant, 

DAVID RAMSAY. 
His Excellency the Governor of Rhode Island. 



Letter from Charles Thomson to Governor Greene. 

Circular.] Office of Secretary of Congress, Feb. 1, 1786. 

Sir : — In obedience to the order of Congress, I herewith transmit to Your Excel- 
lency, to be communicated to the legislature, a state of the representation for the last 
month. I am sorry that this goes unaccompanied with any journals of the proceed- 
ings of Congress. So few states have attended, that for these three months past little 
has been done besides adjourning from day to day. On' the 80th of last month, the 
states present, impressed with the urgency and importance of the several objects of 
general concern which demand the immediate attention of the United States in Con- 
gress assembled, have directed their chairman to write to the executives of the states 
of Rhode IsUnd, Delaware, Maryland, Virginia, North Carolina, and Georgia, to 



1786.] 



AND PROVIDENCE PLANTATIONS. 175 



state to them the inoonyenience arising from a want of a sufficient numher of states 

to proceed on the basiness of the Union, and earnestly to press them to send on their 

delegates immediately. 

With the greatest respect, I have the honor to be, 

Your Excellency's most obedient servant, 

CHARLES THOMSON. 
To the Governor of Rhode Island. 



JLetler from Charles Thomson to tJie Governor of Rhode Island, 

Office of Secretary of Congress, Feb. 28, 1786. 

Sir : — ^On the 9th of Jane last, I had the honor of transmitting an act passed by 
Congress on the 7th of that month, recommending to the several states to make pro- 
vision in a manner pointed out in the act lor officers, soldiers or seamen who have 
been disabled in the service of the United States. As I take it for granted that the 
legislature of your state has complied with this recommendation, I have to request 
the favor of Your Excellency to send me a copy of the law passed on the occasion. 
And as it is necessary that the United States, in Congress assembled, should be 
informed of the sum which this provision will yearly add to the expenses of the 
Union, in order that they may include it in their annual requisition, I have farther to 
request that Your Excellency would be pleased to order a return to be made to me of 
the number provided for, and the amount of the annual allowance made tliem, that I 
may make report thereof to Congress. 

Should it be the case that your state has not yet made the provision recommended 

I trust Your Excellency will take the earliest opportunity of submitting this matter to 

the consideration of the legislature, and for this purpose I enclose a copy of the 

act, and am, 

With greatest respect, etc., 

CHARLES THOMSON. 
To the Grovemor of Rhode Island. 



Letter frqni Pairkk Henry to the Governor of Rhode Island. 

Richmond, Feb. 28, 1786. 

Sir: — The General Assembly hfcve appointed Edmund Randolph, James Madison, 
Jr., Walter Jones, Lieut. George Tucker, Merewether Smith, David Ross, William 
Ronald, and George Mason, Esqs., commissioners to meet others from the different 
states in the Union, at a time and place to be agreed on, for the purpose of framing 
auch regulations of trade as may be judged necessary to promote the general interest. 

I have to request Your Excellency's attention to this subject, and that you will be 

pleased to make such communications of it as may be necessary to forward the views 

of this legislature. 

I am, with great regard. 

Your Excellency's obedient servant, 

P. HENRY. 

To the Governor of Rhode Island. 



176 RECORDS OP THE STATE OP RHODE ISLAND [FeB., 



Letter from Charles Thomson to the Governor of Rhode Island, 

Office of the Secretary of Congress, Feb. 24, 1786. 
Sir : — On the 15th of this month, I forwarded to Your Excellency an act of Con- 
gress of that date, touching the system of general revenue recommended in the act of 
18th April, 1783, and a schedule of the Dutch and French laws, showing the periods 
of their redemption, with the annual interest payable thereon — copies of which I now 
enclose. I am yery sorry to inform you that your state is still unrepresented. Early 
in November I intimated to Your Excellency that there were sundry matters which 
might require the attentive consideration of a full Congress. 

The state of the representation, which I have transmitted monthly, will show that 
from the first Monday in November there have seldom been even seven states repre- 
sented, and never above eight, so that it was impossible to take up the great business 
of the confederacy. What the xi^snXi may be of this inattention of the states to the 
concerns of the Union, is uncertain ; but I hope Your Excellency will use your en- 
deavors to urge the attendance of your delegates as speedily as possible, that the bad 
consequences, if any, may not be imputed to your state. 

With the greatest respect, I have the honor to be. 

Your Excellency's most obedient and humble servant, 

CHARLES THOMSON. 
To the Governor of Rhode Island. 



Letter from Edmund Randolph to tJie Governor of Rhode Island. 

f 

Richmond, Va., Feb. 19, 1786. 
Sir : — I do myself the honor of transmitting to Your Excellency the enclosed reso- 
lution. The commissioners thereby appointed have instructed me to^open the com- 
munication which it directs with the several states. 

It is impossible for me to decide how far the uniform system in commercial reg^ulA- 
tions which is the subject of that resolution may or may not be attainable. I can only 
venture to declare that the desire of such arrangement arose from a regard to the 
federal interests. 

The commissioners of Virginia have therefore only to request the concurrence of 
your state, and to propose the first Monday in September next as the time, and the 
city of Annapolis as the place for the meeting of the different deputies. 

I have the honor to be. 

Your Excellency's most obedient servant, 

EDMUND RANDOLPH. 
To the Governor of Rhode Island. 

In the House of Delegates, Virginia. 

21st of January, 1786. 
Resolved, that Edmund Randolph, James Madison, Jr., Walter Jones, Lt. George 
Tucker, Merewether Smith, David Ross, William Ronald, and George Mason, Esqs., 
be appointed Commissioners, who, or any three of whom, shall meet such commis- 
sioners as may be appointed by the other states in the Union, at a time and place to 
be agreed on, to take into consideration the trade of the United States, to examine the 
relative situations and trade of the said states, to consider how far a uniform system 



1786.] AND PROVIDENCE PLANTATIONS- 177 

in their oommercial regulations may be neceflsary to their common interest and their 
permanent harmony, and to report to the several states such an act relative to this 
great object, as, when unanimously ratified by them, will enable the United States in 
Congress assembled, efl^tually to provide for the same. That the said Commission- 
ers shall immediately transmit to the several states copies of the preceding resolution, 
with a circular letter requesting their concurrence therein, and proposing a time and 
place for the meeting aforesaid. 

Teste : JOHN BECKLET, C. H. D. 

Agreed to by the Senate, Jan. 21, 1786. 



Proceedings of the General Assembk^ of the State of Rhode 
Island and Providence Plantations^ at East Greenwich^ on the 
second Monday in March, 1786. 

His Excellency William Greene, Governor. 
The Hon. Jabez Bowen, Deputy Governor. 

Whereas, Esek Hopkins and John Smith, Esqs., presented 
imto this Assembly the following report, to wit : 

Report of the Committee appointed ly the General Assembly 
upon the petition of Rufus Thornton and William BurUngamej 
aUowing compensation for miMary services. 

We, the subscribers being appointed by the Honorable the General Assembly, at 

June session, 1788, to examine into the matter of Buflis Thornton and William Bur- 

lingame, of this state, have examined into the same, and report that the said Ruftis 

and William were in the service of this state, and were taken prisoners in the brigan- 

tine Washington, commanded by Sion Martindale, by the Fowey, a British ship, and 

carried to England; that they were gone from home near five years befi>re they 

could return ; and it is our opinion that they are justly entitled to receive pay of this 

state fcft their service. 

ESEK HOPKINS, 

JOHN SMITH, 

Committee. 

VOL. X. 2$ 



178 RECORDS OP THE STATE OP RHODE ISLAND [MaRCH, 

Which being duly considered, — 

It is voted and resolved, that the said report be, and the 
same is, hereby accepted ; and that the said William Bur- 
lingame and Kufus Thornton be allowed and paid twenty- 
four pounds, lawful money, each, out of the general treasury, 
it being the amount of one year's pay, and in full compen- 
sation for their services. 

It is voted and resolved, that the petition of Eben€zer 
Adams, late a major in this state's regiment of artillery, pre- 
ferred unto this Assembly, representing that reports had 
been circulated injurious to his character as an officer, and 
praying that an inquiry may be made into his conduct, be 
referred to Rowse J. Helme, Jeremiah Olney, and Archibald 
Crary, Esqs.; and that they inquire into the same and report 
thereon. 

It is voted and resolved, that Messrs. George Champlin, 
John Jenckes, Rowse J. Helme, Benjamin Bourne, and 
John Warner be, and they are, hereby added to the com- 
mittee appointed at the last session to prepare a bill making 
estates liable for debts. 

It is voted and resolved, that Messrs. Joseph Russell, 
Henry Marchant, Jeremiah Olney, Rufus Hopkins, Daniel 
Owen, Israel Bowen, and the attorney general be, and 
they are, hereby appointed a committee to draught an act, 
laying an excise on certain articles in such act to be enu- 
merated ; and that they report as soon as may be. 

It is voted and resolved, that His Excellency the Gov- 
ernor be, and he is, hereby requested to transmit to the sec- 
retary of Congress a copy of the roll of the officers and 
soldiers disabled in the service of the United States, during 
the late war, as reported by a committee at the last session, 
•with a copy of the report of said committee ; and that His 
Excellency also inform the secretary of Congress of the 
provision which this Assembly has made for the paying 
such disabled officers and soldiers, 



1786.] AND PROVIDENCE PLANTATIONS. 179 

It is voted and resolved, that Messrs. Rowland Robinson 
and Thomas Rumreill be, arid they are, hereby appointed a 
committee to treat with Mr. Jerathmeel Bowers, for a lot of 
land, suitable for a garden, to be annexed to the light-house ; 
and that they survey the same, and report their doings to 
this Assembly at the next session. 

Whereas, the town council of the town of North Kings- 
town preferred a petition and represented unto this Assem- 
bly, that Samuel Boone, Jr., an absentee, when he joined 
the enemy, left Margaret, his wife, and several small chil- 
dren ; that his said wife has since become sick, and not able 
to support herself and children; that this state having 
taken possession of the estate of Samuel Boone, Sr., father 
of the said Samuel Boone, the said town council petitioned 
this Assembly, at the session in December, A. D. 1781, pray- 
ing for an allowance for the support of the said Margaret, 
when, agreeable to the report of a committee, ten pounds 
for that year was allowed to be paid into the town treasury 
of North Kingstown, out of the rents of the said estate ; 
that the said allowance has been continued yearly ever 
since, up to the- 25th day of March, A. D. 1785; that the 
said Margaret still continues in a miserable condition, has 
her youngest child with her, and is a real object of charity ; 
and thereupon the said town council prayed that the said 
grant may be continued for the support of the said Mar- 
garet the present year; which being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted ; and that the sum 
of ten pounds, lawful monej'', be paid to Benjamin Davis, 
Esq., town treasurer of the town of North Kingstown, to 
and for the use of the said Margaret. 

It is voted and resolved, that Nehemiah Knight, Esq., be, 
and he is, hereby appointed a manager of the lottery grant- 
ed to William West, Esq., in the room of Thomas Holden, 
Esq., who has resigned that trust. 



180 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH^ 

An Act vesting the United States, in Congress assembled, with the power of regu- 
lating trade and commerce, both foreign and domestic. 

Be it enacted bj this General Assembly, and by the authority thereof it is enacted, 
that the United States, in Congress assembled, be, and they are, hereby empowered to 
prohibit any goods, wares or merchandise ftvm being imported into or exported from 
this state in vessels belonging to or navigated by the subjects of any power with 
whom the United States have not formed or shall not form treaties of commerce. 

Be it further enacted, that the United States, in Congress assembled, be, and 
they are, hereby empowered to prohibit the subjects of any foreign state, kingdom or 
empire, unless authorized by treaty, from importing into this state any goods, wares 
or merchandise, not the produce or manu&cture of the dominions of the sovereigns 
whose subjects they are. 

And be it ftirther enacted by the authority aforesaid, that the United States, in 
Congress assembled, be, and they are, hereby invested with the power of preventing 
any and every of the United States from imposing any duty or impost on goods, wares 
or merchandise, when transported from one state to another, either by land or water. 
Provided, however, that all acts of the United States, in Congress assembled, in pur- 
suance of the above powers, be assented to by nine states ; and that all acts of prohibi- 
tion as aforesaid, made by the United States as aforesaid, shall extend to and have the 
same effect in all the states. And provided, also, anything in the preceding act to the 
contrary notwithstanding, that this act, or any part thereof, shall not have any force 
or operation, unless the United States shall be invested with the like power of pre- 
venting imposts and duties being laid on the trade and commerce between the several 
states as aforesaid. 

And be it fUrther enacted, that this act shall continue in full force, for the space 
of fifteen years next, after the same shall be put in execution by the said United 
States. 



An Act for encouraging the growth of hemp and flax within this State. 

Whereas, it is of great importance to this state to encourage the growth of all raw 
materials, more especially of those that supply clothing to the inhabitants, and duck 
and cordage for carrying on commerce : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that a bounty of one penny, lawful money, shall be allowed and paid 
for each and every pound weight of good merchantable hemp or flax that shall be 
raised in this state in the years 1786 and 1787. 

And be it farther enacted, that when any inhabitant of this state shall have got out 
his hemp or flax fit for market, he may apply to any justice of the peace or warden, in 
the town in which he resides, to inspect the same ; that such justice or warden shall 
thoroughly examine and inspect such hemp or flax, and upon finding it good and mer- 
chantable, cause it to be weighed in his presence ; and shall then require such person 
to take an oath or affirmation that the same was nused by him in that year, within 
this state ; that thereupon such justice or warden shall give to such person a certifi- 
cate in the form following, to wit : 

I, A B, of C, in the county of K, being requested by £ F, of the same town of C, 
to inspect a quantity of (hemp or flax, as the case may be,) having viewed the same, 

do certify that the said E F hath raised pounds weight of good merchantable 

(hemp or flax) in the present year, within this state ; to the truth of which the said 
£ F hath made oath (or affirmed) before me. Witness my hand and seal, this — ^— 
day of 1 A. D. 178—. 



1786.] AND PROVIDBNCE PLAOTATIONB. 181 

For which certificate sach justice or warden shall receive of the owner of such 
hemp or flax, one shiillDg, lawful money ; and that the general treasurer and collectors 
of taxes shall receite all such certificates in the payment of all taxes appropriated for 
the use of this state. 



It is voted and resolved, that Messrs, Esek Hopkins, 
Daniel Mason, and Caleb Gardner be, and they are, hereby 
appointed a committee to sell the estate on the point at 
Newport, late belonging to Joseph Wanton, Jr., Esq., and 
since confiscated to the use of the state ; that the same be 
sold at public vendue for gold or silver or the securities of 
this state, carrying interest ; that the said committee cause 
the said sale to be notified in the Newport and Providence 
newspapers ; and that the general treasurer convey, by deed 
of warranty to the purchaser, all the right and title which 
the said Joseph Wanton had in the same when confiscated, 
on the purchaser's compliance with the conditions of sale. 

It is voted and resolved, that the town treasurer of the 
town of Richmond be, and he is, hereby directed to deliver 
to Ebenezer Hall, George James, and Ezekiel James, eachy 
a musket or gun, equal in value to the guns mentioned in 
the certificates by them exhibited for guns lost in the expe- 
dition on Rhode Island, in the year 1778; and that the 
same be delivered out- of the guns in his possession belong- 
ing to the state. 

Whereas, divers of the inhabitants of the towns of War- 
wick and Cranston, preferred a petition unto this Assembly, 
praying that the laws now in force respecting the fishery in 
Pawtuxet river may be altered, &c. : 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that so much 
of a law passed in the year 1767, as restricts the setting 
and drawing of seines in any part of Pawtuxet river below 
the falls thereof be, and the same is, hereby repealed ; that 
the act passed in the year 1735, respecting the setting and 
drawing of seines, so far as respects the said Pawtuxet river, 
in common with other rivers, be, and the same is, hereby 



182 RECORDS OF THE STATE OF RHODE ISLAND [MaRCS, 

revived and declared to be in full force ; and that in future 
it be, and hereby is, permitted to fish in the said river with 
seines below the falls thereof, four days in each week, agree- 
ably to the said last-mentioned act. 

• 

An Act for making real and certain enumerated articles 
of personal estate, at an appraised value, liable under 
certain restrictions for the payment of debts upon execu- 
tion. 

An Act for encouraging the growth of sheep within this 
State. 

An Act laying duties of excise on certain articles therein 
described. 

[For the above acts at length, see Schedule.] 

Whereas, Joseph Noyes, Esq., of Westerly, preferred a 
petition and represented unto this Assembly, that in the 
late war he was employed by the state to purchase beef for 
the army, then in great want of provisions ; that not being 
supplied with a sufficiency of money funded on real estate 
to pay for the same, he was induced, from the necessity the 
army was in, to give his own note of hand to Messrs. George 
and Samuel Sheffield, both now of Stonington, in order to 
procure the said supplies ; that after repeated applications 
for the money, he was obliged to take a certificate, which 
would not take up his notes ; that he is sued, and execution 
is now against him for one hundred and six pounds ; and 
thereupon prayed that he may have an order upon the 
general treasurer for the said sum ; that the said execution 
may be stayed till the money can be obtained ; and that 
the same may be endorsed on a note he holds against the 
state for the payment of the said provision : which being 
duly considered, — 

It is voted and resolved, that the general treasurer pay 
unto the said Joseph Noyes the said sum of one hundred 



1786.] AND PROVIDENCE PLANTATIONS. 183 

and six pouhds, and cause the same to be endorsed on the 
said note ; and that the said Joseph Noyes, in case an alias 
execution issue upon the said judgment, be not committed 
to jail thereon, until the return day of executions at the 
inferior court to be holden in Washington county in August 
next. 

Whereas, Caleb Gardner, of South Kingstown, preferred 
a petition and represented unto this Assembly, that he be- 
came indebted to this state for the hire of Point Farm; 
that from the great scarcity of money he has not been able 
to discharge the same, and that execution is now out again§t 
him ; and thereupon he prayed this Assembly that he may 
have liberty to satisfy the said execution with the general 
treasurer's notes, given for money funded upon real estate ; 
which being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the said 
Caleb Gardner have liberty of discharging the debt of the 
said execution, due unto the state, in the notes which were 
issued by the general treasurer for the bills emitted in June, 
A. D. 1780, funded upon real estate ; and that the interest 
cease upon the said notes from the time the money became 
due unto the state. 

Whereas, George Hunt, of Glocester, preferred a petition 
and represented unto this Assembly, that at the term of the 
superior court held in Providence, in March, A. D. 1783, he, 
with four others, were convicted of being concerned in a 
riot in said Glocester, and sentenced by the said court to 
remain in gaol till the costs should be paid ; that by the 
indulgence of this Assembly he was liberated, on giving his 
note to the general treasurer for his part of the said costs, 
payable in twelve months; that he has used his utmost 
endeavors to discharge the said note, but has been unable 
to accomplish it ; and thereupon he prayed this Assembly 
that he may be permitted to discharge the said note in this 



184 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH^ 

state's securities^ in like manner as was allowed to Eufus 
Harris ; which being duly considered,— 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the note 
which the general treasurer hath against the said George 
Hunt be cancelled on his paying, the amount thereof in this 
state's notes ; and that no interest be allowed on the said 
notes since the said sentence was passed against him. 

It is voted and resolved, that the money which shall be 
raised and collected by virtue of the act passed at the 
pi^esent session, entitled ^An Act laying duties of excise on 
certain articles therein described," be appropriated for the 
payment of the interest on the notes signed by the general 
treasurer of this state, and for the payment of the contingent 
charges of government ; that the orders issued by the gen- 
eral treasurer for the payment of interest upon the state 
notes be received by the collectors of excise in payment, in 
the same manner as they are now receivable by the col- 
lectors of impost ; and that the orders of this Assembly, 
issued for the payment of mojiey out of the general treas- 
ury, be also received by the collectors of excise in pay- 
ment 

It is voted and resolved, that forty pounds twelve shil- 
lings and nine pence, lawful money, be allowed and paid 
out of the general treasury, to Mrs. Eunice Hazard, wife 
of Thomas Hazard, an absentee ; it being, agreeable to the 
report of the auditor, the liquidated value, with the com- 
pound interest thereon, of a certificate given to the said 
Thomas Hazard, for a slave belonging to him, enlisted into 
the Continental service, by the committee appointed to ap- 
praise such slaves. 

Whereas, Mr. Elisha Anthony presented unto this Assem. 
bly an account, by him charged against the state, for flour 
taken from him for the use of the troops, which account 
having been referred to a committee, they reported as fol- 
lows, to wit : 



1786.] AND PROVIDENCE PLANTATIONS., 185 

Report of the Committee appointed hy the General Assembly 
allowing compensation for flour taken for the use of the troops. 

The subscribers, being appointed by the Honorable the General Assembly to ex- 
amine the said account, dc report, that the sum of three hundred and thirty-six 
poands nine shillings and nine pence, lawful money, (the amount of one-fifth part of 
five hundred and thirteen barrels of flour taken for the use of the troops stationed in 
Tiyerton, in the year 1777 J ought to be paid to Elisha Anthony, and charged to the 

United States. 

JOHN JENCKES, 

DANIEL MASON, 

Committee. 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
that the said sura of three hundred and thirty-six pounds 
nine shillings and nine pence be allowed ; that the general 
treasurer give his note to the said Elisha Anthony for the 
said sum, with compound interest thereon, from the 30th 
day of January, A. D. 1777, to March 18th, 1786 ; and that 
said note be payable on demand, with interest. 

Whereas, the committee to whom was referred the account 
of Mr. George Gibbs, for flour taken for the use of the 
troops, preferred unto this Assembly the following report, 
to wit : 

Heport of the Committee appointed by the General Assembly 
oMoiving compensation for flour taken for the use of the troops. 

The subscribers, being appointed by the Honorable the General Assembly, to ex- 
amine the said account, do report, that the sum of three hundred and thirty-six 
pounds nine shillings and nine pence, lawful money, (the amount of one-fif^h part of 
five hundred" and thirteen barrpls of flour taken for the use of the troops stationed at 
Tirerton, in the year 1777,) ought to be paid to the said George Gibbs, and charged 

to the United States. 

JOHN JENCKES, 

DANIEL MASON, 

Committee. 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted j 
that the said sum of three hundred and thirty-six pounds 
nine shillings and nine pence be allowed ; that the general 
treasurer give his note to the said George Gibbs for the sai4 

TOL. X, 24 



186 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

sum, with compound interest thereon, from the 30th day of 
January, A. D. 1777, to this time ; and that the said note be 
payable on demand, with interest. 

Whereas, some of the justices of the peace within this 
state have issued warrants against the town treasurers of 
the towns, for prison fees for persons who stand committed 
for non-performance of orders for the indemnification of 
such towns in cases of bastardy, and have made up judg- 
ments and granted executions, to the great grievance of 
such towns, and contrary to the spirit and meaning of the 
laws of this state : 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that no justice 
or warden of the peace shall grant any warrants or execu- 
tions against any town treasurer for the recovery of any 
prison fees for any person who stands committed for the 
non-performance of any order made in case of bastardy; 
any law, custom or usage to the contrary notwithstanding. 

Whereas, Ephraim Wheaton and others preferred a peti- 
tion and represented unto this Assembly, that in the year 
1779 they supplied Thomas Greene, Esq., then commissary 
of military stores in this state, with divers articles for the 
use of the army ; that they have heretofore made applica- 
tion to this Assembly, and to Edward Chinn, Esq., the com. 
missioner, to have their accounts adjusted ; and that as yet 
nothing has been done respecting the same ; and thereupon 
they prayed this Assembly that their accounts may be set- 
tled, and they made equal with other creditors; which being 
duly considered, — 

It is voted and resolved, that John Jenckes, Rowse J. 
Helme, and Jeremiah Olney, Esqs., be, and they are, hereby 
appointed a committee to receive the claims of the peti- 
tioners and others, against the United States, in the depart- 
ment of the commissary of military stores in this state, 
while the said department was under the direction of the 
said Thomas Greene, who, by reason of many infirmities, is 



1786.] AND PROVIDENCE PLANTATIONS. 187 

utterly unable to settle the same ; and that the said com- 
mittee cause such claimants to be notified by advertisement 
in the newspapers to exhibit their demands, and such of 
them as shall appear to be just and well vouched, to report 
to this Assembly as soon as may be. 

It is voted and resolved, that one pound ten shillings and 
eight pence, lawful money, be allowed and paid out of the 
general treasury, to Gideon Mumford, Esq., post-master ; it 
being the amount of an account by him exhibited, for the 
postage of divers letters to His Excellency the Governor. 

It is voted and resolved, that the clause respecting de- 
posits, in the act passed at the present session, making real 
and personal estates liable to the payment of debts, under 
certain restrictions, be in force from and immediately after 
the rising of this Assembly. 

And whereas, in some instances, officers may have taken 
deposits, without the consent of the creditor, and in others 
with his consent, without being able to prove it, — 

It is therefore voted and resolved, that in all cases where 
officers have taken deposits of real estates, sufficient in 
-value to answer the debt and costs, that such officer shall 
not be liable to be sued to any special court for taking such 
deposit ; any law, custom or usage to the contrary notwith- 
standing. 

Whereas, the committee appointed to revise the laws of 
this state, have reported the same, with their revisions ; and 
whereas, it is of the utmost importance to the happiness of 
the citizens of this state that the aforesaid revision should 
be deliberately and attentively examined and considered by 
a larger committee, consisting of judicious and respectable 
inhabitants from different parts of the state, — 

It is th.erefore voted and resolved, that the laws, as re- 
vised and reported by the committee, be referred to the 
examination and consideration of the former committee, and 
Messrs. William Ellery, George Champlin, David Howell, 
Moses Brown^ Carder Hazard, Simeon Perry, Shearjashub 



188 RECORDS OF THE STATE OP RHODE ISLAND [MaRCH, 

Bourne, William T. Miller, Gideon Muraford, Daniel How- 
land, and the attorney general ; that they re-examine and 
revise the said laws as reported as aforesaid, and make such 
alterations as to them shall appear necessary and just ; and 
that they report as soon as may be. 

Whereas, Kobert Rogers, Esq., hath represented unto this 
Assembly, that he hath undertaken to keep a grammar 
school in the city of Newport ; that he is now causing a 
building to be repaired to keep the said school in, which 
will be ready in a short time ; and h&th requested this 
Assembly to grant him the use of the council chamber, in 
the state house in Newport, to keep the said school in, till 
the said building shall be repaired : 

It is therefore voted and resolved, that the use of the 
said chamber be, and hereby is, granted to the said Robert 
Rogers, for the purpose aforesaid. 

It is voted and resolved, that the bill entitled '^An Act 
for transferring real estates," as reported by the committee 
for revising the laws, be published in the Newport and 
Providence newspapers. 

It is voted and resolved, that His Excellency the Gov- 
ernor be, and he is^ hereby requested to write to the treas- 
ury board, at New York, requesting, in the strongest terms, 
that they would send forward the blank certificates, for fill- 
ing up the facilities to be made use of in paying the tax 
of twenty thousand pounds. 

It is voted and resolved, that the action brought by 
the tribe of Narragansett Indians, against Joseph Clarke, of 
Charlestown, for a piece of land, be continued until next 
term of the inferior court in Washington county ; that in 
the meantime the committee, heretofore appointed by the 
General Assembly to run the line, be continued for that 
purpose ; and that they proceed as soon as may be to settle 
the same. 

It is voted and resolved, that the collectors of the several 
taxes in the town of South Kingstown be, and they are. 



1786.] AND PROVIDENCE PLANTATIONa 189 

hereby directed to postpone the collecting of taxes, due 
from William Potter, Esq., of the said town, until the peti- 
tion of Nicholas Easton against him be determined ; and 
that the several collectors whose estates are now taken in 
distress, and to be sold by the sheriflj be not proceeded 
against, or their sureties' estates sold for any deficiencies of 
taxes, to the amount of the taxes due unto them from Wil- 
liam Potter, and which have been assessed against him. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby re- 
ferred unto the next session ; and that this Assembly be, 
and hereby is, adjourned to the Monday next preceding the 
first Wednesday in May next, then to meet at the state 
house in Newport 

God save the United States of America. 



Letter from Charles Thomson to Governor Greene. 

Circular.] Office of Secretary of Congress, March 1, 1786. 

Sir : — As many states in the Union continued to be unrepresented in Congress, or 
to be represented bj only two members, notwithstanding the many recommendations 
of Congress for remedj'ing these defects, particularly those of 1st November, 1783, 
and the 19th of April, 1784, and as irom the want of a complete representation the 
great interests of the Union had frequently been and continued to be neglected or 
delayed, and the confederation itself, or the administration thereof, might be consid- 
ered as the cause of evils which solely resulted from an incomplete representation, 
Congress, judging it incumbent on them to prevent opinions so derogatory to their 
honor, and so dangerous to the public welfare, did, on the 17th of August last, pass a 
resolve whereby it became the duty of the secretary of Congress, once in every 
month, to transmit to the legislatures of the respective states a list of the States rep- 
resented, and of those unrepresented in Congress, and of the mem1)er8 from each 
state. The object of this resolution was that effectual measures might ftom time to 
time be taken by such states as were unrepresented, or represented only by two mem- 
bers, to remedy these defects. 

In the execution of this duty, I have had the honor every month since of trans- 
mitting to Tour Excellency a monthly statement of the representation of the states 
in Congress, to be laid before your legislature. The statement which accompanies 
this, and which I have to request the favor of Tour Excellency to communicate to 
the legislature, is for the month of February last. By this and the three other state- 
ments transmitted since the meeting of Congress on the first Monday in November 
last, Tour Excellency and the legislature will see that there has not been for a single 



190 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

day a number of states assembled sufficient to proceed on the great business of the 
Union ; indeed, for half the time not a number sufficient to do more than adjourn 
from daj to day. 

I beg leaye to add, that in consequence of information just receiTed, business of 
the greatest importance is now before Congress, which requires the iUIlest representa- 
tion. I hope, therefore, that Your Excellency will urge the attendance of the dele- 
gates for your state with all possible expedition. 

With the greatest respect, I have the honor to be, 

Your Excellency's most obedient and humble servant, 

CHARLES THOMSON. 

His Excellency the Goyemor of Rhode Island. 



Letter from Charles Thomson to the Governor of Rhode Island. 

Office of the Secretary of Congress, March 4, 1786. 
Sir: — I have the honor of transmitting to Your Excellency herewith enclosed, an 
act passed yesterday by the United States, in Congress assembled, together with a 
copy of their recommendations of the 80th of April, 1784, which are again presented 
to the yiew of your state. As a longer delay in complying with these recommenda- 
tions must be attended with very great evils, and as the act passed by your state is so 
inconformant to them, both in letter and spirit, that it cannot be deemed a compliance, 
the legislature of your state is earnestly solicited to reconsider their act, and to make 
it agreeable to the recommendations of the 80th of April, 1784. 

With the greatest respect, I have the honor to be, etc., 

CHARLES THOMSON. 
To the Governor of Rhode Island. 



Proceedings of the General Assembly of the State of Rhode 
Island and Providence PlantaiionSy at Newport^ on the first 
Monday in May, 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

ASSISTANTS. 

Joseph Stanton, Jr., Esq., Gideon Clarke, Esq., 

John Williams, Esq., Thomas G. Hazard, Esq., 

James Arnold, Esq., John Cooke, Esq. 

William Hammond, Esq., Oliver Durfee, Esq. 



1786.] 



AND PRtVIDEN€E PLAin!ATIONS. 



191 



DEPUTIES. 



Newport. 
George Hazard^ Esq., 
Henry Marchant, Esq., 
George Champlin, Esq., 
John Topham, Esq., 
Mr. Daniel Mason. 
Providence. 
John Jenckes, Esq., 
John Brown, Esq., 
Charles Keene, Esq., 
Thomas Truman, Esq. 

Portsmouth. 
Elijah Cobb, Esq., 
Mr. William Anthony, Jr., 
Benjamin Hall, Esq., 
Mr. Benjamin Brownell. 

Wanoick. 
Othniel Gorton, Esq., 
Mr. Gideon Arnold, 
Thomas Holden, Esq., 
John Low, Esq. 

Wester^. 
Joseph Noyes, Esq., 
Mr. Walter White. 

New Shoreham. 
Mr. Edward HuU, 
Mr. William Littlefield. 

North Kingstown. 
James Congdon, Esq., 
Mr. Bowen Card. 

Sovth Kingstown. 
Samuel Potter, Esq., 
John Gardner, Esq. 



East Greermich. 
Joseph Pry, Esq., 
Job Comstock, Esq. 
Jamestown. 
Rowland Robinson, Esq., 
Mr. John Howland. 

Smilhfield. 
John'Sales, Esq., 
Andrew Waterman, Esq. 

Scituaie. 
Mr. Nathan Bates, 
Thomas Mowry, Esq. 

Ghcester. 
Mr. Seth Hunt, 
Stephen Winsor, Esq. 

CharUstown. 
Mr. Thomas Hoxsie, 
Jonathan J. Hazard, Esq. 

West Greenwich. 
Thomas Joslin, Esq., 
Mr. William Matthewson. 

Coventry. 
William Burlingame, Esq., 
Mr. Jeremiah Penrier. 

Exeter. 
Mr. Joseph Reynolds, 
Mr. Christopher Champlin. 

Middletotvn. 
Mr. John Gould, 
Mr. Thomas Coggeshall. 

Bristol. 
William Bradford, Esq., 
Mr. Stephen Smith. 



192 



RECORDS OF THE STATE OF RHODE ISLAND 



[May, 



Tiverton. 
Mr. Benjamin Howland, 
Mr. Joseph Almy. 

LUtle Compton, 
Mr. George Simmons, 
Nathaniel Searle, Esq. 

Warren. 
Kobert Carr, Esq., 
William Barton, Esq. 

Cumberland. 
Mr. John Gould, Jr., 
John Lapham, Esq. 
Richmond. 
James Sheldon, Esq., 
Mr. Thomas James. 

Cranston. 
Mr. Matthew Manchester, 
Mr. Stephen Sprague. 



Hopkinton. 
Abel Tanner, Esq., 
Thomas Wells, Esq. 

Johnston. 
Abraham Belknap, Esq., 
Andrew Harris, Esq. 

North Providence. 
Esek Hopkins, Esq., 
Mr. Edward Smith. 

Barrington. 
Josiah Humphrey, Esq., 
Samuel Allen, Esq. 

Foster. 
Mr. John Westcott, 
Mr. Christopher Colwell. 



The Hon, William Bradford, Esq., speaker, and Benjamin 
Bourne, Esq., clerk. 

Henry Ward, Esq., secretary. 

William Channing, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

I 

DELEGATES TO REPRESENT THE STATE IN CONGRESS. 

The Honorable James M. Varnum, Esq. 
The Honorable Nathan Miller, Esq. 
The Honorable George Champlin, Esq. 
The Honorable Peleg Arnold, Esq. 



Both houses being joined in a grand committee, proceed- 
ed upon the election and chose the following gentlemen, 



to wit : 



1786.] AND PROVIDENCE PLANTATIONS. 198 

JUSTICES OF THE SUPERIOR COURT. 

Paul Mumford, Esq., chief; Joseph Hazard, Esq., second ; 
Thomas Tillinghast, Esq., third ; Gilbert Devol, Esq., fourth ; 
David Howell, Esq., fifth. 



JUSTICES OP THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

William Richmond, Esq., chief; Christopher Ellery, Esq., 
second ; Robert Taylor, Esq., third ; Jonathan Freeborn, 
Esq., fourth ; Henry Bliss, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Richard Steere, Esq., chief; Ebenezer Thompson, Esq., 
second; Caleb Aldrich, Esq., third; John Burton, Jr., Esq., 
fourth ; Caleb Harris, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Carder Hazard, Esq., chief; Joseph Hoxsie, Esq., second ; 
Robert Stanton, Esq., third ; Sylvester Gardner, Esq., fourth ; 
Edward Wells, Esq., fifth. 

JUSTICES OP THE COURT OF COMMON PLEAS, FOR BRISTOL COUNTY. 

John Child, Esq., chief; John Usher, Esq., second ; Wil- 
liam T. Miller, Esq., third; Elkannah Humphrey, Esq., 
fourth ; John Waldron, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Stephen Potter, Esq., chief; Thomas Aldrich, Esq., second; 
Thomas Gorton, Esq., fourth ; William Greene (son of Philip) 
Esq., fifth. 

JUDGE OF THE COURT OF ADMIRALTY. 

John Foster, Esq., Judge of the maritime court erected 
for the trial of prize causes, within and throughout the 
state. 

roL. T- 26 



194 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Ephraim Bowen, Jr., Esq. 
Washington County — Beriah Brown, Esq. 
Bristol County — Richard Smith, Esq. 
Kent County — Jonathan Niles, Esq. 

w 

INTENDANTS OF TRADE. 

William Taggart, Esq., mtendant of trade for the port of 
Newport, 

Henry Ward, Esq., intendant of trade for the port of 
Pro\ddence. 

George Thomas, Esq., intendant of trade for the county 
of Washington. 

Jonathan Russell, Rsq., intendant of trade for the port of 
Bristol. 

Gideon Mumford, Esq., intendant of trade for the port pf 
East Greenwich. 

COLLECTORS OF IMPOST. 

Robert Crooke, Esq., collector of impost for the county 
of Newport. 

Caleb Harris, Esq., collector of impost for the county of 
Providence. 

George Thomas, Esq., collector of impost for the county 
of Washington. 

William Barton, Esq., collector of impost for the county 
of Bristol. 

Gideon Mumford, Esq., collector of impost for the county 
of Kent. 

FIELD OFFICERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

James Mitchel Yarnum, Esq., major general of the militia 
of the state. 

John Malbone, Esq., brigadier general of the militia of the 
county of Newport, 



i 
1786.] AND PROVIDENCE PLANTATIONS. 195 

Christopher Lippitt, Esq., brigadier general of the militia 
of the county of Providence. 

Joseph Stanton, Jr., Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

Daniel Rogers, Esq., lieuteilant colonel commandant of 
the first regiment of militia in the county of Newport 

Christopher Olney, Esq., lieutenant colonel commandant ^ 
of the first regiment of militia in the county of Providence. 

John Gavet, Esq., lieutenant colonel commandant of the 
first regiment of militia in the county of Washington. 

Thomas Allen, Esq., lieutenant colonel commandant of the 
regiment of militia in the county of Bristol. 

Job Randall, Esq., lieutenant colonel commandant of the 
first regiment of militia in the county of Kent. 

Lemuel Bailey, Esq., lieutenant colonel commandant of 
the second regiment of militia itx the county of Newport. 

Coggeshall Olney, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Provi- 
dence. 

Charles Dyre, Esq., lieutenant colonel commandant of the 
second regiment of militia in the county of Washington. 

Archibald Kasson, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Kent 

Stephen Kimball, Esq., lieutenant colonel commandant of 
the third regiment of militia in the county of Providence. 

Thomas Potter, Esq., lieutenant colonel commandant 
of the third regiment of militia in the county of Wash- 
ington. 

Stephen Winsor, Esq., lieutenant colonel commandant of 
the fourth regiment of militia in the county of Providence. 

John Whipple, Esq., major of the fiibt regiment of militia 
in the county of Providence. 

George Stillman, Esq., major of the first regiment of mili- 
tia in the county of Washington. 



196 BECOBDS OF THE STATE OF RHODE ISLAND [MaT, 

Curtis Cole, Esq., major of the regiment of militia in the 
county of Bristol. 

Allen Johnson, Esq., major of the first regiment of militia 
in the county of Kent. 

William Southworth, Esq., major of the second regiment 
of militia in the county of Newport 

Joel Aldrich, Esq., major of the second regiment of militia 
in the county of Providence. 

Stephen Wightman, Esq., major of the second regiment of 
militia in the county of Washington. 

Caleb Greene, Jr., Esq., major of the second regiment of 
militia in the county of Kent 

Nehemiah Angell, Esq., major of the third regiment of 
militia in the county of Providence. 

Samuel Mayes, Esq., major of the fourth regiment of 
militia in the county of Providence. 

It is voted and resolved, that the sale of the estate of the 
late CoL Joseph Wanton, on the Point in Newport, be post- 
poned till the Thurs3ay of the next session of this Assem- 
bly ; that it be then sold ; and that the committee for selling 
the said estate advertise the same in the public newspapers 
accordingly. 

It is voted and resolved, that the resolution of this Assem- 
loAyy allowing to the justices of the superior court of judica- 
ture, court of assize, &c., certain salaries, be, and the same 
is, hereby repealed. 

Whereas, Jocktan Putnam, of Glocester, preferred a peti- 
tion and represented unto this Assembly, that at March 
term of the superior court, in the county of Providence, 
A. D. 1783, he with others was convicted of riotous proceed- 
ings in said Glocester, and sentenced by the said court to 
pay costs ; that by the indulgence of this Assembly he has 
been liberated from gaol, by giving security to the general 
treasurer for seventy pounds, being his proportion of the 
said cost; and that having a large family and but small 



1786.] AND PEOVIDENCB PLANTATIONS. 197 

property, it has not been in his power to discharge the 
same ; and thereupon he prayed this Assembly that he may 
be permitted to discharge his obligation to the general 
treasurer in the securities of this state, in like manner as 
others have done ; which being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted ; and that the said 
Jocktan Putnam be discharged from his said obligation, on 
paying the sum due thereon, in state notes, into the general 
treasury. 

It is voted and resolved, that the substance of the act of 
the General Assembly of the state of Maryland, entituled, 
'*An Act to extend the time limited for bringing in and set- 
tling claims against this state by the citizens thereof, and 
for limiting the time for bringing in and settling claims 
against the said state by the citizens of the United States," 
be published in the several newspapers in this state. 

An Act authorizing and permitting Christopher Champlin, 
Jr., son of Christopher Champlin, Esq., of the city of 
Newport, to take upon himself the additional name of 
Grant, by the name of Christopher Grant Champlin. 

An Act for naturalizing William Greene, Esq., a native of 
Great Britain, and a subject of His Britannic Majesty. 

An Act for emitting one hundred thousand pounds. 
[For the above acts at length, see the printed Schedule.] 

Whereas, Rowse J. Helme and Henry Sherburne, Esqa, 
presented unto this Assembly a list of invalids, and their 
report thereon, as follow, to wit : 



198 



RECORDS OF THE STATE OF RHODE ISLAND 



[May, 



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1786.] AND PROVIDENCE PLANTATIONS. 199 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
that the said invalids be enrolled, and be entitled to the said 
monthly pay ; and that they receive the same in the same 
manner as other invalids. 

Whereas, there are divers corporate bodies within this 
state, which have been incorporated for beneficial, charitable 
and religious uses, who are possessed of funds for carrying 
the same into execution, who have lent their money upon 
a moderate interest* to those that have had occasion to bor- 
row, and do not wish to receive the same, unless their insti- 
tutions have a use for it, — 

It is therefore voted and resolved, that gold, silver, or 
any other species of money shall not be tendered unto any 
such corporate body in discharge of money lent or due, 
luiless the person or persons who borrowed or owe the same 
be sued, in which case any money being a legal tender shall 
discharge the debt, in the same manner as debts are to be 
discharged between individuals; any act to the contrary 
notwithstanding. 

It is voted and resolved, that in case the trustees appoint- 
ed in the several towns shall choose to borrow any of the 
money ordered to be emitted by the act passed at the pres- 
ent session, the judge of probate for the city of Newport, 
and the several town councils in the several towns be, and 
they are, hereby apointed to value the land of the trustees, 
in the said city and towns respectively, to be pledged for 
the money loaned, and to see that such land is double in 
value to the money borrowed. 

It is voted and resolved, that the operation of the act 
passed at the last session of this Assembly, laying an excise 
on certain enumerated articles, be, and the same is, hereby 
suspended till the next session of this Assembly. 

It is voted and resolved, that the collecting of the last 
tax of twenty thousand pounds be, and the same is, hereby 
postponed till the next session of this Assembly, 



200 RECORDS OF THE STATE OF RHODE ISLAND [MaT, 

It is voted and resolved, that the first deputy in each 
and every town in this state be, and they are, hereby re- 
quested to inquire what money is owing from any individ- 
uals in their respective towns to this state, and what sums 
are in the hands of the collectors of taxes ; and that they 
use their endeavors to cause such collectors and individuals 
to pay the same into the general treasury without delay. 

It is voted and resolved, that the secretary cause the act 
of this Assembly for emitting one hundred thousand pounds, 
in paper bills, to be published in the Newport and Provi- 
dence newspapers; and that he transmit a copy thereof 
within ten days, to each of the persons appointed to exe- 
cute any part of the duty therein prescribed. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 
referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned to the fourth Monday in 
June next, then to convene at the state house in the city 
of Newport. 

God sg,ve the United States of America. 



Letter from James Manning to the Governor of Rhode Island. 

New York, 26th May, 1786. 

Sir: — Agreeably to the directions of the General Assembly at their session at 
Greenwich, I proceeded to New York and took my seat in Congress, as a delegate, 
the 2d of this inst., in ftill expectation that General Miller would follow me in a few 
days, with the necessary supply of money to support us ; but to my surprise I hare 
not heard from the General since my departure from Rhode Island. Destitute of 
money to defray my necessary expenses, and at a loss to conjecture the reasons of 
the Generars delay, you must naturally conclude my situation is far fh)m being agree- 
able. I wish to be informed whether the state means to support a representation in 
Congress or not, that I may act accordingly. My private purse will not support me 
here, and you, sir, know the expense attending this character too well to be informed 
that money in hand is necessary for the support of your delegation. 

Congress are highly displeased with the conduct of Bhode Island in not sending 
forward her delegates. I have made the best apology I could for this neglect, bat 
am obliged now to be silent, as I have no advice on the sulject. I think it my duty 
to inform you that this honorable body is not a little alarmed at the present crisii ; 



1786.] AND PROVIDENCE PLANTATIONS. 201 

with an empty treasury, while pressed on all sides for money ; the requisitions not 
9ompIied with in many of the states ; the collection of taxes postponed ; our trade 
emharrassed and almost prostrate ; the Barbary powers fitting out more formidable 
armaments than ever sailed out of the Straits. Great Britain, through our Minister, 
has absolutely refhsed the surrender of the Western ports, until the United States 
comply, on their part, with the fourth article of the treaty, which proTides that British 
merchants shall be under no legal incapacity of recovering, in sterling money, their 
bona fide debts flrom the citizens of the United States. Against which article, (since 
Uie passing the money bill in our state,) nine states in the confederacy hare passed 
acts ; and several gf the Indian tribes, as we learn from recent despatches, have 
sdready commenced hostilities on our western frontier. This is our deplorable situa- 
tion, and Congress obliged this day to adjourn for want of a sufficient number of states 
to proceed in the necessary and most important business of the confederacy. In a 
word, sir, all the old members here look serious, and are alarmed for the safety of the 
confederacy. A motion is made, and it is proposed to assign a day to g^ into the state 
of the nation in a committee of the whole house, that we may send forward to the 
•tates, without loss of time, the dangerous situation of tlie federal gorernment, that 
they may acquit themselves of censure, should disastrous erents happen through the 
neglect of the states. This motion has only been postponed for a better representa- 
tion, as they were in daily expectation of having both Rhode Island and New Hamp- 
•hire on the fioor. I assure you, sir, that the above is not an exaggerated account, 
but done in the words of truth and soberness. 

We have bitely been employed in reducing the expense of the civil list, which we 
have done upwards of ten thousand dollars ; nor do we mean to stop here, but em- 
brace every opportunity to retrench, as much as possible, the expenses of the federal 
government. 

I have the pleasure to inform you that I think the present delegation in Congress, 
Bhode Island apart, possess great patriotism, ability and unanimity. But the want of 
energy in the federal, and the respective governments of the states, is by every true 
friend of this country to be lamented. 

With the highest sentiments of esteem, I have the honor to be, sir, 

Your humble servant, 

JAMES MANNING. 
To the Governor of Rhode Island. 

VOL. X. 26 



202 RECORDS OF THE STATE OP RHODE ISLAND [JUNE, 



Proceediuffs of the General Assembly of the State of Rhode 
Island and Providence Plantations^ ai Newport^ on the fourth 
Monday in June, 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that Thomas Truman, Esq., be, 
and he is, hereby appointed to make sale of a stone roller 
belonging to the state, late lying at Field's Point, in the 
county of Providence ; and that the same be sold either at 
public or private sale. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to apply immediately to William 
Ellery, Esq., keeper of the Continental loan-office in this 
state, *for interest certificates for the interest due on the 
Continental loan-office certificates in the general treasury, 
belonging to this state; and that the said William Ellery be 
requested to issue and deliver to the general treasurer the 
said interest certificates immediately. 

It is voted and resolved, that a gun, bayonet and car- 
touch-box, out of the guns, &c., in the town of Richmond, 
belonging to this state, be delivered to Mr. Simeon Clarke, 
Jr., in lieu of the gun and like accoutrements impressed 
from him for the expedition on Bhode Island, in the year 
1778, and turned into the public store. 

It is voted and resolved, that the sale of the estate late 
Col. Joseph Wanton's, now belonging to the state, situate 
on the Point in the city of Newport, be adjourned till the 
first Monday in August next ; that the same be then sold 
at public vendue to the highest bidder, for lawful money 
only ; that the committee heretofore appointed to sell the 
said est^t^ be coDtinued for that purpose ; and that they 



1786.] AND PROVIDENCE PLANTATIONS. 203 

cause the sale of the said estate to be notified three weeks 
successively in the Newport and Providence newspapers; 
that twenty-five per cent, of the purchase-money be paid 
at the time of sale, cind the remainder in three months from 
the said time of sale ; and on failure of the last payment, ' 
the said twenty-five per cent, to be forfeited, and the sale 
to be void ; that any two of the said committee be author- 
ized to make sale of the said estate ; and that on the 'pay- 
ment of the purchase-money, agreeable to the conditions of 
sale, the general treasurer be directed to make and execute 
to the purchaser a deed with warranty, conveying all the 
right, interest and estate which the said Joseph Wanton 

» 

had in the same, previous to the said estate's being confis- 
cated. ' 

It is further voted and resolved, that if the money bid 
on the said estate shall not be paid agreeable to tBe condi- 
tions of sale, in such case the said committee, or any two 
of them, cause the said estate to be again sold in manner 
as aforesaid, and on the same conditions; and that on the 
conditions of sale being complied with, the general treas- 
urer be directed to execute a deed as aforesaid. 

It is voted and resolf ed, that George Hazard, John Jenckes 
and Othniel Gorton, Esqs., be a committee to receive the 
charter of the late colony (now state) of Rhode Island, &c., 
with the exemplification thereof, and deliver the same to 
the present governor and deputy governor ; and that the 
said committee receive of the late Governor Greene the 
public papers which may be in his bands, and deliver them 
to the secretary. 

It is voted and resolved, that two commissioners be ap- 
pointed on the part of this state, to meet such commission- 
ers as are or may be appointed by the other states in the 
Union, at a time and place to be agreed on, to take into 
consideration the trade of the United States, to examine the 
relative situations and trade of the said^ states, to consider 
how far an uniform system in their commercial regulations 



204 BECORDS OF THE STATE OF BHODE ISLAND [JuNE^ 

may be necessary to their common interest and permanent 
harmony, and to report to the several states such an act 
relative to this important object, as when unanimously rati- 
fied by them will enable the United States, in Congress 
assembled, efiectually to provide for the same; that the 
Hon. Jabez Bowen, and Christopher Champlin, Esq., be, and 
they are, hereby appointed the commiseionere on the part 
of this state ; and that His Excellency the Governor be 
requested to send to each of the supreme executives of the 
several states in the Union a copy of the foregoing resolu- 
tions as soon as may be. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to advance, out of the general 
treasury, to the Hem. James Manning and Nathan Miller, 
Esq., five hundred dollars each, in interest certificates on 
loan-office certificates, belonging to the state; that they 
dispose of the said interest certificates on the best terms 
they can, and apply the net proceeds to the defraying their 
expenses as delegates in Congress, and account for the same 
in the settlement of their accounts as such. 

It is further voted and resolved, that seventy-five dollars, 
in specie, be paid out of the general treasury to the said 
James Manning, and twenty-five dollars, in specie, to the 
said Nathan Miller, on the same account; and that the 
resolve of this Assembly, passed at the February session, 
for advancing to them three hundred dollars each, be 
rescinded. 

It is voted and resolved, that the resolutions of this As* 
sembly, heretofore passed, declaring Stephen Arnold, Esq., 
of Warwick, and Mr. James Carpenter, of the city of New- 
port, ineligible to office within this state, be, and the same 
are, hereby rescinded. 

It is further voted and resolved, that the same Stephen 
Arnold and James Carpenter be, and they are, hereby de- 
clared to be entitled to all the privileges of freemen within 
this state, provided they have the lawful qualifications. 



1786.] AND PROYIDENGE PLANTATIONS. 205 

It is voted and resolved, that John Mowry, late a private 
in the regiment commanded by Col. Sherburne, who was 
disabled in a skirmish with the British troops, be enrolled 
as an invalid, and be entitled to receive two dollars and a 
quarter per month during life, in the same manner as other 
enrolled invalids. 

It is voted and resolved, that the petition of divers inhab- 
itants of the towns of Smithfield and Cumberland, preferred 
nnto this Assembly, praying that a lottery may be granted 
them to raise a sum of money for the purpose of digging a 
trench round Pawtucket Falls, in order that the fish may 
have a free passage up Pawtucket river, be, and the same is, 
hereby referred to the next session ; and that the proprie- 
tors of the land and works near to Pawtucket Falls be noti- 
fied, by advertisement in the Providence newspapers, then 
to appear to answer the same. 

An Act in addition to and amendment of an Act, made and 
passed by the General Assembly of this state, at their 
last May sessibn at Newport, for emitting the sum of one 
hundred thousand pounds. 

[For this act at length, see printed schet^ule.] 

It is voted and resolved, that the act of this Assembly, 
passed at the session in March last, entituled ^ An Act for 
making real and certain enumerated articles of personal 
estate, at an appraised value, liable under certain restrictions 
for the payment of debts upon execution," be, and the same 
is, hereby repealed : provided, nevertheless, that no attach- 
ment, deposit or proceeding, 6f any kind whatever, made 
in conseqiience of the said act, shall be by any ways or 
means effected ; but that the same shall be valid, as though 
the said act had not been repealed. «* 

It is voted and resolved, that a further sum of two hun- 
dred and fifty dollars each, be allowed and paid out of the 
general treasury, in interest certificates, to the Hon. James 



206 RECORDS OP THE STATE OP RHODE ISLAND [Ju]!5B, 

Manning and Nathan Miller, Esq., in advance for their ser- 
vices as delegates ; and that they dispose of the same on the 
best terms in their power, and account therefor. 

It is voted and resolved, that the tax of twenty thousand 
pounds, ordered to be assessed at the session in August last, 
be collected and paid into the general treasury on or before 
the last day of October, A. D. 1786. 

It is voted and resolved, that twenty pounds, lawful 
money, be allowed and paid out of the general treasury to 
Henry Babcock, Esq., in full for his expenses, time and 
trouble in defending certain actions brought against him by 
George Irish, Esq., for barracking troops on him, and im- 
pressing his horses, while he was commander of the troops 
in the service of the state ; the said Henry Babcock alleg- 
ing his conduct in those respects originated from the neces- 
sity of the service, a regard to the conveniency of his troops, 
and the service of his country. 

It is voted and resolved, that Messrs. William Anthony, 
Esek Hopkins, Samuel Potter, William Barton, and Thomas 
Holden be, and they are, hereby appointed a committee to 
revise the act for laying an excise on certain enumerated 
articles, passed at the session in March last ; and that the 
said committee report as soon as may be. 

It is voted and resolved, that Samuel Ward, Esq., be, and 
he is, hereb;^ appointed a commissioner, on the part of this 
state, to meet other commissioners from the states in the 
Union, agreeable to the resolution of this Assembly at the 
present session, in the room of Christopher Champlin, Esq., 
who has declined. 

It is voted and resolved, that thirty pounds, lawful money, 
be advanced out of the general treasury to Messrs. South- 
wick and Barber, for printing the bills of the bank of one 
hundred thousand •pounds; and that they account for the 
same. 

Whereas, Messrs. Joseph Almy, Esek Hopkins, and Robert 
Cars presented to this Assembly the following report, to wit : 



1786.] AND PROVIDENCE PLANTATIONS. 207 

Report of the Committee appointed by the General Assembly 
aUowing fees to the trustees of the loan of one handed thousand 
pounds. 

The subscribers^ being appointed a committee to state the fees of the trustees for 
loaning the one hundred thousand pounds, ordered to be emitted Maj session, A. £>. 
1786, agreeable to our appointment, do report as foUoweth, to wit : 

That the said trustees shall be allowed for each bond, six pence ; for each deed, one 
shilling and six pence ; for taking acknowledgment of the deed, four pence ; for each 
tnmsfer of every right, one shilling ; for valuing each estate to be pledged within the 
town, three shillings and six pence ; if out of the town, six shillings ; for recording 
each deed, to the town clerk, one shilling and six pence ; for each certificate from the 
town clerks, six pence ; lor searching the records, four pence. The said fees to be 
paid by the borrower. 

All which is submitted by your most humble servants, 

JOSEPH ALMY, 
ESEK HOPKINS, 
ROBERT CARR, 

Committee. 

Which being duly considered, — 

It is voted and resolved, that the said report be, and the 
same is, hereby accepted ; and that the trustees for loaning 
the said one hundred thousand pounds be allowed the said 
fees for their services. 

Whereas, Messrs. Thomas Holden, S. Hazard, and Jona- 
than J. Hazard, presented unto this Assembly the following 
report, to wit : 

Report of the Committee appointed by the General Assembly 
explaining the Act for loaning the sum of one hundred thousand 

pounds. 

« 

The committee to whom were referred certain doubts respecting the bill for emitting 
one hundred thousand pounds, beg leave to report It as their opinion, that no free- 
holder have more than one riglit, and that to be apportioned to him in the town where 
he lives, whether he has estate in such town or not ; that if a fireeholder has not suffi- 
cient estate to give double security for his share, he may have liberty to sell or dispose 
of the whole of his share, or the residue ; and that no freeholder be entitled to his 
said share, except he shall apply for the same within three weeks after due notice 
given by the trustees. 

All which is submitted by your Honors' most obedient servants, 

THOMAS HOLDEN, 
S. HAZARD, 
JONATHAN J. HAZARD, 

Committee. 



208 RECORDS OF THE STATE OF RHODE ISLAND [ JuNE, 

Which being duly considered, — 

It is voted and resolved, that the said report be accepted ; 
and that the same be, and hereby is, passed into an act. 

On the application of the grand committee, appointed to 
sign the money, for a grant out of the treasury for their 
services, — 

It is voted and resolved, that the sum of one hundred 
pounds, lawful money, be allowed and paid out of the gen- 
eral treasury to Messrs. Samuel Allen, Elijah Cobb, Nehe- 
miah Knight, and Jonathan J. Hazard; that they account for 
the same ; and that it be divided equally between them. 

It is voted and resolved, that the general treasurer cause 
to be made out and laid before this Assembly, at the next 
session, an abstract of all the notes by him issued as gen- 
eral treasurer, including the notes of every description, and 
containing their dates, sums, and to whom given ; that the 
said abstract distinguish the securities given for notes bear- 
ing six per cent interest, from those bearing four per cent, 
interest, and also note the amount of securities discharged 
and cancelled ; and that in the said abstract be also distin- 
guished the securities given for paper money bills bearing 
two and an half per cent, interest. 

An Act for granting and apportioning a tax of twenty 
thousand pounds, lawful money, upon the inhabitants of 
this state. 

[For the above act at length, see Schedule.] 

It is voted and resolved, that there be advanced out of 
the general treasury, to the Hon. Jabez Bowen and CoL 
Samuel Ward, four hundred dollars each, in interest certifi- 
cates, towards their expenses and services as the commis- 
sioners on the part of this state, on commercial regulations ; 
and that they make the best sale of the said certificates in 
their power, and account for the proceeds. 



1786,] AND PBOVIDENCE PLANTATIONS, 209 

It is voted and resolved, that the inhabitants within this 
state who have not numbered their sheep, agreeable to the 
"Act encouraging the growth of sheep within this state," 
that passed at the session in March last, be, and they are, 
hereby permitted to number their sheep on the first Monday 
in August next, and on the next succeeding Wednesday to 
make return to the town clerk, agreeable to the said act, 
who is hereby directed to issue certificates accordingly, for 
the payment of the bounty, agreeable to the act aforesaid ; 
and that the same be published in the newspapers in this 
state. 

God save the United States of America, 



Letter from Charles Thomson to Governor Greene, 

Office of Secretary of Congress, Jane 1, 1786. 

Sin — Pursuant to order, I have the honor to transmit to Your Excellency here- 
with enclosed, a state of the representation in Congress for the two last months, to be 
communicated to your legislature. 

As your state is at present unrepresented, I have it in charge to press Your Excel- 
lency in the most earnest manner to urge the attendance of the delegates of your 
state as speedily as possible, and to inform you that subjects of high importance and 
national concern call for discussion and require a full representation of the state in 
Congress. 

In the course of this or the ensuing week, I shall transmit to Your Excellency a 

continuation of tlie Journal up to the present time. 

In the meanwhile I have the honor to be, etc., 

CHABLES THOMSON. 
To the Govemor of Rhode Island. 



Letter froni James Manning to Governor ColUns. 

New York, 28d June, 1788. 
Sir : — Not long since I wrote you and gave the information which I thought It my 
duty to give, since which for want of a sufficient number of states to transact any 
business of importance, little has been done, and for several weeks past Congress have 
been, the greatest part of the time, under the necessity of adjourning from day tu day, 
as they could not make a Congress, though business of the highest importance to the 
Union demands the decisions of Congress. Those states who keep up their delega- 
tion are not a little displeased with the delinquent states, and it is the unanimous 
voice and opinion of those on the floor of Congress that a continuance of this neglect 
will ere long be attended with the roost serious, not to say the most fatal consequences. 
On this head I am full of, I think, well founded fears. 

VOL. X. 27 



210 RECORM OF THE STATE OF RHODE ISLAND [AUG., 

In obedience to the orders of the General Assembly at their session in February, I 
on the* 27th of April ult. embarked for New York, and immediately took my seat in 
Congress, in the full expectation that the state determined to support a delegation. 
But I have not received a single dollar to defray the great expenses attendant upon 
my present situation. As I was not in cash of my own, I could not dis^charge my 
bills, and they consequently all remain unpaid, and that to my no small mortification ; 
and this must remain to be the case till I experience the assistance of the state. Add 
to this, I am without a colleague, without whom the state cannot have a voice. 

I now solicit explicit directions from the legislature in reference to my future con- 
duct. My present situation is peculiarly disagreeable, and I beg Your Excellency as 
early as possible in the session to lay my request before the House, that I may have 
their ultimatum, whether they mean to support a delegation or not, that I may con- 
duct myself accordingly. But I must presume that that Honorable House will not 
recall me without furnishing me with efficient means to enable me to leave New York 
in a way which may not wound my feelings, nor reflect dishonor on the state. 

Please, sir, to communicate on this subject without loss of time. 

I have the honor to be, etc., 

J. MANNING. 
To the Governor of Rhode Island. 



Proceedings of the General Assembly of the State of RJtode 
Island and Providence Plantations^ at Newport^ on Tuesday^ 
the 22d day of August, 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that the secretary be, and he is, 
hereby directed to publish in all the newspapers in this 
state, the resolution of Congress of the 27th day of June, 
A. D. 1786, directing the Court of Appeals to meet at New 
York on the first Monday of November next. 
• Whereas, the committee heretofore appointed to sell the 
estate of the late Joseph Wanton, Jr., Esq., situate on the 
Point, in the city of Newport, have represented to this 
Assembly, that but few persons appeared at the time and 



1786.] AND PROVIDENCE PLANTATIONS. 211 

place appointed for the said sale, in order to bid on the said 
estate; that several other causes rendered it inexpedient 
and improper to sell the same by the time prescribed by the 
resolution of this Assembly ; and that they did therefore 
adjourn the same to a future day : and whereas, it is neces- 
sary that the said estate should be sold as soon as may be 
after proper notification thereof, — 

It is therefore voted and resolved, that the said com- 
mittee, to wit, Messrs. Esek Hopkins, Daniel Mason, and 
Caleb Gardner, be, and they are, hereby continued a com- 
mittee for the purpose of making sale of the said estate ; 
that the same be sold on the 20th day of September next, 
in the same manner, and on the same conditions as directed 
and mentioned in the former resolve of this Assembly for 
making sale of the said estate ; that if the inclemency of the 
weather on the said 20th day of September be such as in 
the opinion of the said committee to render it improper to 
sell the same on that day, in such case, they proceed to the 
sale on the next fair day; that the general treasurer, on 
being ascertained of the compliance of the purchaser with 
the conditions of sale, execute a deed to such purchaser, as 
heretofore directed in the resolve before referred to ; and 
that the said committee cause the sale of the said estate to 
be notified, by advertisement in the Newport and Provi- 
dence newspapers, three weeks successively. 

Whereas, some doubt hath arisen, whether the currency 
of the state is receivable in payment at the general treas- 
ury in discharge of the Continental taxes in arrear, as well 
the last as any previous tax,— 

It is therefore voted and resolved, that the said Conti- 
nental taxes in arrear be paid by the citizens of this state 
to the several collectors of taxes, in the paper currency 
lately emitted by this state ; in the facilities issued by the 
loan officers of the United States, for the interest due on 
the loan-office certificates, and other liquidated debts of the , 
United States; in the certificates issued by the general 



212 RECORDS OF THE STATE OF RHODE ISLAND [AuG., 

treasurer to the teamsters ; or in the certificates issued by 
the general treasurer to the invalids ; all of which shall be 
received. And the general treasurer is hereby directed to 
receive the same of the several collectors in payment of 
any of the aforesaid taxes. 

An Act, in addition to and in amendment of an Act, entituled " An Act, in addition 
to and in amendment of an Act, made and passed bj this Assembly, at their 
session holden in Newport, in May last, for emitting the sum of one bundled 
thousand pounds, in bills of public credit." 

Whereas, it is an established maxim in legislation, and ought to be strictly and most 
punctdally adhered to in all wise governments, that process upon the breach of penal 
laws be immediate, and the penalty be inflicted or exacted directly consequent upon 
conviction : and whereas, the usual and stated metbods and times of holding courts 
within this state are impracticable, inexpedient, and inapplicable to the true intent and 
meaning of the said act, and altogether insufficient to carry into efiect the good pur- 
poses of this legislature touching the same ; therefore, 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the mode of procedure, and the method of law process, against any per- 
son or persons who shall be guilty of a breach of the aforesaid act, or any part thereof, 
BO that such person or persons would thereby be subject to the penalty of the same, 
shall be as foUoweth, to wit : that the complainant shall apply to either of the judges 
of the superior court of judicature, &c», within this state, or to either of the judges of 
the inferior court of common pleas, within the county where such offence shall be 
committed, and lodge his certain information, which shall be issued by the said judge 
in the following form, to wit : 

" ss. Be it remembered, that A B, of , in the county of — , who, as well 

for the governor and company of the state of Rhode Island and Providence Planta- 
tions as for himself, doth prosecute, conieth before me, C D, one of the justices of the 

— — court, the day of , in the year of ■ , in his proper 

peYson ; and as well for the said governor and company as for himself, giveth me and 

the said court to understand and be informed, that E F, of—, in the county 

of * , on the day of — — , in the year aforesaid, at ■ ■ aforesaid, in 

the county aforesnid, not regarding the laws and statutes of the said state, but the 
same intending to break, make void and annul, with force and arms, (here insert the 
offence, with legal precision,) against the form of the statute in that case made and 
provided : whereupon the aforesaid A B, as well for the said governor and company 

as fcr himself, prayeth the advice of the said court in the premises ; and that 

the aforesaid £ F may forfeit the sum of , according to the form of the statute 

aforesaid ; and that he, the same A B, may have one moiety thereof, according to the 
form of the statute aforesaid ; and also, that the aforesaid £ F may come before the 
^— — court, to be especially conrened at — , in three days from the date hereof, 
to answer concerning the premises." 

And hereupon the said judge shall command to the said E F, that all other things 

omitted, he be in his proper person at the said court, for the said county, to be 

especially convened on the ■ day of , at , to answer as well to the 

said governor and company, as to the said A B, who as well for the said governor and 
company as for himself doth prosecute of and concerning the premises ; and further 
to do and receiye what the said court shall consider in this behalf. All which shall 



1786.] 



AND PROVIDENCE PLANTATIONS. 218 



be signed and sealed by tbe said judge, and directed to the sheriff, or his deputy, bf 
the county where the offender lives or may be found ; and the said sheriff, or his 
deputy, shall serve the same agreeable to law, and make return forthwith ; and that 
the said judge, immediately upon his issuing the same, appoint a place for the holding 
said court, and give notification in writing to all the other judges of said court, of the 
time and place of holding the same; and that the said judge, so applied to as afore- 
said, take good and sufficient bonds of the aforesaid A B, the complainant, for the 
payment of all lawful cost that may accrue, provided the said complaint should be dis- 
missed as groundless, or should not he prosecuted to effect : provided, however, that 
the offence against said act be tried in the county where such offence shall be com^ 
mitted : provided, also, that no complaint or information shall be received by any of 
tbe justices of the said courts that shall not be made in due form according to this act> 
within ten days after the offence shall be committed. 

And be it further enacted by the authority aforesaid, that the said court, when 
so convened, shall proceed to the trial of said offender ; and they are hereby author- 
ized so to do, without any jury, by a migority of the judges present, according to the 
laws of the land, and to make abjudication and determination ; that three members be 
sufficient to constitute a court; and that the judgment of the court, if against the 
offender so complained of, be forthwith complied with, or that he stand committed to 
the county goal where the said court may be sitting, till sentence be performed ; that 
no complainant or informer be admitted as a competent witness to support his informa- 
tion ; and that the said judgment of said court shall be final and conclusive, and from 
which there shall be no appeal ; and in said process no essoin, protection, privilege or 
injunction shall be in anywise prayed, granted or allowed. 

Be it further enacted, that the legal mode of carrying the afbre-recited act into 
execution shall be in force fully and completely, for every purpose therein mentioned 
and contained, until all offences against the same which have been committed or com- 
plained of, and which may be committed and complained of, until the expiration of tei) 
days after the rising of this Assembly, may be fully heard, tried and determined ; any 
thing in this act to the contrary in anywise notwithstanding. 

And be it further enacted by the authority aforesaid, that whatsoever person or 
persons shall be duly convicted as aforesaid, by the court aforesaid, of any or either 
of the offences in the act afore-recited, enumerated, mentioUed or expressed, shall for 
the first offence forfeit and pay as a fine not less than the sum of six pounds, lawful 
money, and not exceeding the sum of thirty pounds, at the discretion of the court; 
one moiety thereof to and for the use of the person who shall inform of and appear to 
prosecute the same, and the other moiety to be paid into the general treasury of this 
state ; and that the offender so convicted pay all costs of prosecution and conviction > 
and also, he, she or they, so offending again^for every after offence, upon due convic- 
tion thereof, shall forfeit and pay not less than tpn pounds, and not exceeding fitly 
pounds, lawful money, to be recovered and appropriated agreeable to this act. 

It is ordered, that the secretary cause copies of this act to be inserted in the New- 
port and Providence newspapers. 



It is voted and resolved, that the tax of twenty thousand 
pounds, ordered by this Assembly at the session in June 
last, be collected and paid into the general treasury on or 
before the Ifirst Monday of November next ; that such towns 
as have neglected to cause the said tax to be assessed, cause 



214 RECORDS OF THE STATE OP RHODE ISLAND [AuG,, 

the same to be assessed within ten days after the rising of 
this Assembly, and make return to the general treasurer 
within six days after, who is hereby directed to issue his 
warrants to the several towns accordingly; and that the 
several towns who have neglected to choose assessors and 
collectors, be, and they are, hereby empowered to choose 
the same at any time within the aforesaid ten days. 

God save the United States of America. 

Letter from James Boivdoin to Governor CoUins. 

Commonwealth of Massachusetts. ) 
Boston, July 10th, 1786. J 

Sir : — It is a misfortune to the Union that no proper regulations of trade have been 
yet adopted by the states to counteract those of Great Britain, which are manifestly 
calculated to render the states in many respects insignificant, though at the same time 
they operate to her own disadvantage. 

With a view of promoting such regulations, the legislature of this commonwealth 

passed "An Act for the regulation of navigation and commerce," a copy of which was 

transmitted to every state in the Union, in hopes that a similar one would have been 

passed in each ; but the measure was adopted only by New Hampshire and Rhode 

Island, and these states have lately repealed or suspended their respective acts that 

related to it. This being the case, the legislature of this commonwealth thought 

proper a few days ago to suspend the operation of the aforesaid act until the several 

states in the Union shall pass similar acts ; and of that suspension I have the honor to 

inform Your Excellency. Though this attempt, of which some of the states have 

availed themselves to the injury of Massachusetts, has proved abortive, it is hoped 

the expected convention of delegates at Annapolis, in September next, will be more 

successful. 

With the greatest respect, I have the honor to be. 

Your Excellency's most obedient and humble servant, i 

JAMES BOWDOIN. 
His Excellency the Governor of Rhode Island. 

Letter from Nick. Vandyke to the Governor of Rhode Island. 

Circular.] State of Delaware, ) 

New Castle, July 12, 1786. J 

Sir: — Certain communications from the states of Massachusetts, Pennsylvania, 

Maryland and Virginia, proposing a convention of commissioners from the several 

states in the Union for the purpose of considering the trade of the United States, and 

forming a system of commercial regulations necessary to their common interest and 

permanent harmony, having been laid before the legislature of this state, I have now 

the honor of informing Your Excellency of their concurrence with those states in so 

laudable and useful a measure, and of enclosing you a copy of their resolutions on 

that subject. 

With the greatest respect, I have the honor to be, etc., 

NICH. VANDYKE. 
To the Governor of Rhode Island. 



1786.] AND PROVIDENCE PLANTATIONS. 215 



Proceedings of the General Assemhiy of the Staie of Rhode 
Island and Providence Plantations^ at Netvport^ on the first 
Monday in October, 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Whereas, it appears that the honorable the justices of the 
superior court of judicature, court of assize, &c., at the last 
Septembar term of the said court, in the county of New- 
port, have by a judgment of the said court declared and 
adjudged an act of the supreme legislature of this state to 
be unconstitutional, and so absolutely void ; and whereas, 
it is suggested that the aforesaid judgment is unprecedented 
in this state, and may tend directly to abolish the legisla- 
tive authority thereof, — 

It is therefore voted and resolved, that all the justices of 
the said court be forthwith cited by the sheriflfe of the 
respective counties in which they live or may be found, to 
give their immediate attendance on this Assembly, to assign 
the reasons and grounds of the aforesaid judgment; and 
that the clerk of the said court be directed to attend this 
Assembly at the same time, with the records of the said 
court, which relate to the said judgment 

It is voted and resolved, that the delegates from this state 
now in Congress, in answer to that part of their letter to 
His Excellency the Governor which relates to the settle- 
ment of the account of this state with the United States, 
be informed that the said account is ready for settlement ; 
that they be instructed to pursue such measures as may 
tend to a speedy adjustment of it ; and that His Excellency 
the Governor be requested to communicate to the delegates 
this resolve. 



216 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

Whereas, Messrs. Esek Hopkins, Caleb Gardner, and 
Daniel Mason presented unto this Assembly the following 
report, to wit : 

Report of the Cominittee appointed by the General Assembly 
relative to the sale of Joseph Wairtoris estate. 

To the Honorable the General Assembly of the State of Rhode Island, &c., now con-< 
Yened at the city of Newport : 

The subscribers, who were appointed to sell at public auction the estate on the Point 
in this city, late Col. Joseph Wanton's, and confiscated to this state, beg leave to 
report, that pursuant to their appointment, they have made sale of the said estate ; 
and that the same was struck off to Benjamin Bourne, Esq., who was the highest 
bidder, for two thousand seven hundred pounds, one quarter part of which sum has 
been received, agreeable to the conditions of sale, and paid into the general treasury, 
as appears by receipt. 
All which is submitted by the General Assembly's most obedient servants, 

ESEK HOPKINS, 
CALEB GARDNER, 
DANIEL MASON, 

Committee. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted. 

It is voted and resolved, that no sworn attorneys, as such, 
while a member of this Assembly, shall be admitted to 
speak or plead out of his seat and at the bar of this As* 
sembly, on any private petition, when on trial before this 
Assembly. 

Whei^eas, this Assembly advanced, at the request of Abrar 
ham Whipple, Esq., late a captain in the navy of the United 
States, one hundred and forty-eight pounds sixteen shillings 
and six pence half-penny, lawful silver money, of this state, 
in order to defray an expense which the said Abraham 
Whipple incurred, as was suggested, on public account, and 
therefore charged to the United States ; and whereas, it is 
necessary that the commissioners of the board of treasury 
of the United Statds be informed of the said advance, pre- 
vious to the settlement of said Abraham Whipple's account 
with the United States, — 



1786.] AND • PRO VIDENCB PLANTATIONS. 217 

It is therefore voted and resolved, that His Excellency 
the Governor be requested to send to the said board of 
treasury, as soon as may be, a copy of the resolution of this 
Assembly, passed at the session in January, A. D. 1782, 
ordering the said sum to be paid. 

It is voted and resolved, that the petition of divers inhab- 
itants of the city of Newport, preferred unto this Assembly, 
praying that the incorporation act of the said city may be 
repealed and the charter annulled, be referred to the next 
session of this Assembly; and that the clerk of the said city 
be cited in the meantime, that the said city may then answer 
the same, if they see cause. 

It is voted and resolved, that the draught of an act, enti- 
tled "An Act to stimulate and give efficacy to the paper 
bills emitted by this state in May last," be copied by the 
secretary, and a copy thereof be sent by express to each 
town and city clerk in the state, within ten days after the 
rising of this Assembly ; that the said town and city clerks 
issue their w^arrants, as soon as may be, to convene the free- 
men of the said city and towns, in legal city and town 
meeting, in order that their sense respecting said bills may 
be communicated through their representatives to the Gen- 
eral Assembly at the next session ; and that the same be 
also published by all the newspapers in this state. 

It is voted and resolved, that the several collectors of 
taxes receive certificates issued for the bounty on sheep, 
agreeably to the act of this Assembly, as well as orders on 
the general treasury, given by order of this Assembly, in 
payment of the last twenty thousand pounds tax ; and that 
the same be received of the collectors by the general treas- 
urer. 

It is voted and resolved, that the inhabitants of this state 
who have not numbered their sheep, in order to entitle 
themselves to the bounty allowed by an act of this Assem- 
bly, cause their sheep to be numbered, agreeably to the said 
act, at any time on or before the first Monday of December 

TOL. X. 28 



218 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

next ; that the owners of such sheep, before the same be 
numbered, make oath, that they were possessed of the same 
sheep on the last Monday of June last, and that the same . 
were not numbered before the making such oath ; that the 
certificates which may be issued for the said bounty be 
receivable in payment of the present or any future state 
taxes ; and that those who have had their sheep numbered, 
and have neglected to take certificates, receive the same, 
which shall be receivable in like manner in p&yment of ^ 

taxes. 

« 

God save the United States of America. 



Proceedings of the General Assembly of the State of Bhode 
Island and Providence Plantations^ at Providence^ on the last 
Monday in Octohei^ 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that Oliver Durfee, John Sayles, 
Jonathan J. Hazard, Josiah Humphrey, and Thomas Joslin, 
Esqs., be, and they are, hereby appointed a committee to 
inquire into the state of the debts due from this state to all 
persons whoever, and in what manner and for what consid- 
erations the same originated ; and that they report the facts, 
and the remedies proper to be applied to the evils that may 
be investigated, if any, to the next session of this Assembly. 

The judges of the superior court, &c., being cited to 
appear before the General Assembly, tQ assign the reasons 
and grounds of their judgment in adjudging an act of this 
Assembly unconstitutional, and therefore void: and the 



1786.] 



AND PROVIDENCE PLANTATIONS. 219 



It 



clerk of the said court for the county of Newport being also 

cited to appear at the same time, and three of the judges 

of the said court attending, to wit, Joseph Hazard, Thomas 

Tillinghast, and David Howell, Esqs., as also Robert Rogers, 

Esq., clerk of the said court, with the records thereof, which 

records, being examined, the following proceedings and 
judgment of the said qpurt appear thereon, to wit : 



"Infortnation, Johu Trerett, qui torn, vs. John Weedeo. 

" This case being called, said information was read in the words following : 
Newport, as. To the sheriff of said county of Newport, or his deputy, greeting. 

"Be it remembered, that John Trevett, of Newport, in the county of Newport, 
cabinet maker, as well for the governor and company of the state of Rhode Island 
and Providence Plantations as for himself, doth prosecute, cometh before me, Paul 
MuAford, Esq., chief justice of the superior court of judicature, court of assize, and 
general gaol delivery, the 18th clay of September, A. D. 1786, in his proper person, 
and as well for the said governor and 'company as for himself, giveth me and the said 
soperior court to understand and be informed, that John Weeden, of Newport, in the 
county of Newport and state aforesaid, butcher, on the 13th day of September, in the 
year aforesaid, at Newport aforesaid, in the county aforesaid, not regarding the laws 
and statutes of the said state, but the same intending to break and make void and 
annul, with force and arms, in open market, did then and there presumptuously, dar- 
ingly and contemptuously refuse to take and receive of the aforesaid Trevett, the bills of 
credit of the paper emission of the one hundred thousand pounds ordered to be emitted 
by an act of the General Assembly of the state aforesaid, at their session in May 
1786, then and there offered by the said John Trevett, to the said John Weeden, in 
pay for meat the said John Weeden then and there liaving and exposing to sale in 
open market, against the form of the statute in that case made and provided. 

" Whereupon the aforesaid John Trevett, as well for the governor and company as 
for himself, prayeth the advice of the said superior court, to be especially convened at 
Newport, in the premises, and that the aforesaid John Weeden may forfeit the sum of 
thirty pounds, lawful money, according to the form of the statute in that case made 
and provided ; and that he, the said |Iohn Trevett, may have one moiety thereof 
according to the statute aforesaid ; and also that the aforesaid John Weeden may come 
before the superior court, to be especially convened at Newport, in three days from 
the date hereof, to answer concerning the premises. 

"And hereupon it is commanded to the said John Weeden, that all other things 
omitted, and all excuses laid aside, he be in h^ proper person at the superior court, 
for the county aforesaid, to be especially convened on the 2ist day of this instant, 
September, at Newport aforesaid, to ansM'er, as well to the said governor and com- 
pany aa to the said John Trevett, who, as well for the said governor and company as 
for himself, doth prosecute, of and concerning the premises, and fiirther to do what 
the court shitU consider thereon, in hid behalf. Hereof you are not to fail, and have 
you there this, with your doing thereon. 

" Given under my hand and seal, at Newport, this eighteenth day of September, 

A. D. 1786. 

*' PAUL MUMFORD, Chief Justice Superior Court. 



220 RECORDS OP THE STATE OF RHODE ISLAND [OcT., 

" Whereupon tlie said John Weeden comes into court, and prays that the honorable 
court here will not take cognizance of the complaint of the said John Treyett ; because 
he saith, that it appears by the act of the General Assembly, whereon said information 
is founded, that the said act hath expired, and hath no force. Also, for that by said 
act the matters of complaint are triable by special courts, uncontrolable by the 
supreme judiciary court of the state ; and also, for that the court is not authorized or 
empowered by said act to impannel a jury to try the facts charged in the information, 
and so the same is unconstitutional and void. All which the said John Weeden is 
ready to verify. Wherefore he prays judgment if the court will take further cogniz- 
ance of said information. 

** Whereupon all and singular the premises being seen, and by the justices of the 
court aforesaid fully understood, it is considered, adjudged and declared, that the said 
complaint does not come under the cognizance of the justices here present, and that 
the same be, and it is, hereby dismissed.'*' 

And the said three judges being fully heard before this 
Assembly, — 

It is voted and resolved, that no satisfactory reasons have 
been rendered by them for their judgment on the foregoing 
information, John Trevett, qui tam, vs. John Weeden ; and 
that as the judges of the said superior court, &c., are not 
charged with criminality in giving judgment upon the infor- 
mation, John Trevett against John Weeden, they are there- 
fore discharged from any further attendance upon this 
Assembly on that account. 

It is voted and resolved, that an ordinance of Congress of 
the 16th of October inst, for the establishment of the mint 
of the United States of America, and for regulating the 
value and alloy of coin, be published by the secretary in all 
the newspapers in this state. 

It is voted and resolved, that the resolution of Congress 
of the 9th of August last, with an annexed list of the names 
of negroes belonging to this state, who were carried away 
by the British troops when they evacuated the city of New 
York, be published by the secretary in the newspapers of 
this state, to the end that the respective claimants may be 
prepared to adduce proofe of their claims; and they are 
hereby empowered so to do, to this Assembly, as soon as 
may be. 

It is voted and resolved, that the towns of Jamestown, 
New Shoreham and South Kingstown be severally allowed 



1786.] AND PROVIDENCB PLANTATIONS. 221 

forty-five days, and that all the other towns, and the city of 
Newport, be allowed twenty days from and after the rising 
of this Assembly, to pay into the general treasury their 
several proportions of the last state tax ; that the general 
treasurer issue his executions against the city treasurer and 
town treasurers of such city and towns as may be delin- 
quent, immediately after the expiration of the time herein 
given them, for whatever deficiency there may be; and 
that the general treasurer issue his executions against the 
several treasurers of the city and respective towns which 
shall be delinquent in the payment of any other tax, at the 
expiration of thirty days from the rising of this Assembly. 

It is voted and resolved, that the troops required from 
this state, by a resolution of Congress of the 20th day of 
October, 1786, be immediately raised and officered, agreea- 
bly to the said requisition ; and that an act therefor be im- 
mediately drafted. 

An Act for raising one hundred and twenty men. 

Whereas, by an ordinance of the United States in Congress assembled, done at the 
city of New York, upon the 20th day of October, A. D. 1786, this state was required 
to raise the number of one hundred and twenty men, non-commissioned officers and 
privates, for the service of the United States, against the wars and depredations of 
their enemies, that have commenced or may be commenced, to be officered by one 
major, two captains, two lieutenants, two ensigns, and one surgeon's mate, and to 
serve for the space of three years, unless sooner discharged : 

Be it therefore enacted by this General Assembly, and by the authority thereof, 
that one hundred and twenty men, non-commissioned officers and privates, be imme- 
diately raised in this state for the service aforesaid ; that William Allen be mqjor ; 
John Holden and Thomas Hughes, captains; Henry Shearman Jr., and William 
Pratt, lieutenants; John Rogers and William Tanner, 8d, ensigns; and Jeremiah 
Greene, the surgeon's mate of the said corps ; that they receive the pay, clothing, 
aabaistence, forage, and other allowances provided by Congress ; that they be rendez- 
Toused at such place or places, and marched to such place or pUces within the United 
States, as the United States, in Congress assembled, or their secretary at war shall 
direct, or such officer as shall be commander-in-chief of the troops ; that the following 
be the form of the enlistment : 

I, A B, do voluntarily enlist myself into the service of the United States, as a 
soldier, for the space of three years from the date hereof, unless sooner discharged, 
and do engage to submit myself to the rules and regulations of the army already 
established, or that may be established by Congress ; and that I will faithf\illy obey 
the orders I shall receive from my superiors. 

Dated at , the day of , A. D. 17&^. 



222 RECORDS OP THE STiyTE OF RHODE ISLAND [Oct., 

That in all cases, the commanding officer, and all others of the corps, conform to 
the regulations of the army, and such orders as they shall receive from thdr supe- 
riors ; that in case of non-acceptance of any officer, appointed as aforesaid, His Excel- 
lency the Governor, by and with the advice of such of the upper and lower houses of 
Assembly as he can conveniently consult, appoint to such vacancy; and that His 
Excellency be requested to transmit a copy of this act to the secretary at war as soon 
as may be. 

God save the United States of America. 



Letter from James Manmig and Nathan MiUer to the Governor of 

Rhode Island. 

New York, Sept. 28, 1786. 

Sir :*— Permit your delegates to address Your Excellency in your official character, 
and give you a short detail of the business now before Congress, with some observa- 
tions upon tlie present state of the federal government, etc- 

An important national matter, which has for some time past engaged the attention 
of Congress, will probably soon come into public view. That body have now before 
them a report of a grand committee for granting to your federal government additional 
powers necessary to render it efficient. This, after the subject has undergone the 
necessary investigations, will be laid before the respective legislatures. An ordinance 
for the establishing a colonial government in the western territory is also nearly com- 
pleted ; as also for the establishment of a mint for the United States, with many other 
matters of less magnitude. 

Your delegates wish to be informed whether the accounts of the State against the 
United States are ready for adjustment, Mr. Chinn having informed the treasury 
board that they are not ready ; nor can they be got ready for a long time. As that 
gentleman's salary still goes on, your delegates wish to be possessed of such official 
documei^ts as may set that subject in its true point of view. 

It is highly necessary that all payments made by the state to the federal govern- 
ment, whether on requisitions or otherwise, should be carried to its credit on the 
books of the treasury, therefore all these accounts ought, without loss of time, to be 
sent forward. 

Your Excellency will be made acquainted, by Congress, that no paper emitted by 
the states will answer federal purposes. Will not this evince it to be mistaken policy 
in our legislature to order payments for the late requisition in their own paper 
currency ? 

When gentlemen reflect, but for a moment, on the exhausted state of the federal 
treasury ; that no monies are expected but what come in from requisitions on the dif- 
ferent states ; that these are either all stopped, or so slow in their operations that 
nothing can be calculated upon with cerCaipty ; that the moment is arrived that our 
credit with foreign powers is lost ; that an enemy on our frontiers stands prepared to 
take every advantage of our prostrate situation ; that an enemy more despicable is 
embarrassing our most beneficial commerce, and carrying our fellow cidzens into 
slavery for life, (about thirty at present being in that unhappy situation,) does it 
require the spirit of prophecy to predict what will and must inevitably be the conse- 
quence ? Or will arguments be necessary to draw forth the most vigorous exertions 
of every friend to American liberty, to arrest the sacred palladium, and prevent our 
total ruin as a nation ? 



1786.] 



AND PROVIDENCE PLANTATIONS. 223 



Amidst, however^ these gloomy scenes, we hare the pleasure to inform you that 
Her Majesty of Portugal has ordered a squadron of five sail of men-of-war to cruise 
at the mouth of the Straits for the protection of her trade, and that she has ordered 
her officers to give the same protection to the American flag as to her own ; of this 
her minister has given official information to Mr. Adams at the court of London. 
An instance of magnanimity, this, which is worthy of imitation, and demands our 
grateful acknowledgments, as we have nothing better to offer her in payment. 

While foreign potentates take such an interested part in our favor, does it not call 
for unanimity and exertions at home, amongst every class of our citizens, to rescue 
the commonwealth from impending ruin ? Should not these considerations reconcile 
tlie mercantile and landed interests in the state of Rhode Island, and produce a repeal 
of those penal laws which have already convulsed and still threaten ruin to the 
state? 

It is now ag^ed by all that our federal government is but a name ; a mere shadow 
without any substance ; and we think it our duty to inform the state that it is totally 
inefficient for the purposes of the Union ; and that Congress, without being vested 
with more extensive powers, must prove totally nugatory. Should it be imagined 
that your delegates, as individuals, wish for an increment of power, be assured that 
we hold ourselves servants of the state of Rhode Island, and in readiness to relinquish 
the exalted station in which you have placed us, and return with pleasure to the shade 
of retirement, provided we can see such a degree of energy infused into your federal 
government as may render it adequate to the great ends of its original institution. 

We need not, sir, inform you how it wounds our feelings, in every company, as 
well as in the gazettes, to hear and see the proceedinscs of our legislature burlesqued 
and ridiculed ; and to find that Congress and all men of sober reflection reprobate, In 
the strongest terms, the principles which actuate our administration of government. 
We are citizens of Rhode Island, and arc most sensibly affected with everything 
which militates to the dishonor of the state. Your delegates further beg leave to 
observe, that if those measures are continued which have for the last six months been 
pursued, in their opinion they will infallibly terminate in the ruin of tlie state, and 
have no inconsiderable share in the subversion of the Union. 

We conclude by observing that the necessary supplies for our support are expected, 

and will be provided by the legislature, as we greatly need tliem ; while we have the 

honor to be, 

Your Excellency's most obedient and most humble servants, 

JAMES MANNING, 

NATHAN MILLER. 
To the Governor of Rhode Island. 

i 

Letter from John Jay to the Governor of Rhode Island, 

Circular.] New York, Oct. 28, 1786. 

Sir : — In pursuance of an order of Congress of the 9th August last, of which the 

enclosed paper No. 1 is a copy, I have the honor of herewith transmitting to Your 

Excellency the list as directed in it, and which contains an account of all the negroes 

belonging to your state that appear to have been carried away by tlie British when 

they evacuated this city. 

I have tlie honor to be, etc., 

JOHN JAY. 
To the Gfovemor of Rhode Island. 



• This list is not to be found in the files in the secretary's office. By order of the General Assembly 
the list was published in the newspapers. 



224 RECORDS OP THE STATE OF RHOPE ISLAND [DeC, 



Proceedhigs of the General Assembly of the State of Rhod^ 
Island and Providence Ptairtations^ at East Greemvich, on the 
fourth Monday in Decenihery 1786. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that Abraham Whipple, Esq., pay 
into the general treasury a public certificate, to the amount 
of one hundred and thirty-three pounds six shillings and 
eight pence, lawful money, bearing interest from the year 
1780; and that the same be in discharge of an advance 
made to .Christopher EUery, Esq., upon a protested bill 
of exchange drawn by the said Abraham Whipple, while 
senior officer of the squadron captured in Charleston, South 
Carolina. 

Whereas, it appears to this Assembly that sonie bills of 
the late bank of the paper currency emitted by this state 
in May last, have been counterfeited, and are^ now uttered 
and circulating in some parts of this state : 

It is therefore voted and resolved, that the justices of 
the superior court of judicature be required respectively to 
make strict inquiry concerning the same; that they en- 
deavor to detect the offender or offenders ; that they call 
for such assistance as they shall deem necessary ; that the 
attorney general exert himself to bring to condign punish- 
ment the offender or offenders aforesaid ; and that the said 
justices respectively be furnished with a copy of this vote. 

It is voted and resolved, that wherever there is money in 
the hands of the trustees of ^any town or city, which has 
been applied for agreeably to the act passed in June last, 
and which has not yet been taken out and security given 



1786.] AND PROVIDENCE PLANTATIONS. 225 

therefor according to law, the said trustees, in such case, 
immediately notify the said claimants to receive the same 
without loss of time ; that if such claimant shall not apply, 
receive the same, and give proper security therefor, within 
three weeks after the rising of this Assembly, his right 
thereto shall be forfeited ; that all money which shall remain 
in the hands of any of the said trustees, after the expiration 
of the said three weeks, unloaned, be paid by such trustees 
to the general treasurer on or before the 20th of February 
next, taking his receipt therefor ; which sums so paid in, 
shall cancel so much of the bonds of such trustees, and such 
money shall remain in the general treasury, subject to the 
future order of this Assembly ; and that, the said trustees 
deliver to the keeper of the grand committee's office, and 
to the general treasurer on or before the said 20th of Feb- 
ruary next, the mortgage deeds and bonds by them taken 
for the money which shall have been by them loaned. 

Whereas, Mr. John Wells, collector of the town of Gloces- 
ter, preferred a petition and represented unto this Assembly, 
that by reason of sickness and the late severe snow storms, 
he has been unable to collect the sslid town's proportion of 
the last state tax ; and thereupon prayed this Assembly that 
a further time may be granted him to collect the said tax. 
And the premises being duly considered, — 

It is voted and resolved, that fifteen days from and after 
the rising of this Assembly be allowed to the said John 
Wells to pay into the general treasury the said town's pro- 
portion of the said> tax ; and that the general treasurer, at 
the expiration of the said fifteen days, issue his execution 
against the town treasurer of the said town, for whatever 
deficiency there may then be. 

It is voted and resolved, that the Hon. James M. Y^mum 
and Peleg Arnold, Ksq., two of the delegates chosen to rep- 
resent this state in the Congress of the United States, be 
requested to repair with all convenient speed to the city of 
New York, and there represent this state in Congress ; and 

roL. X. 29 



226 RECORDS OP THE STATE OF RHODE ISLAND [DeC, 

that they be, and hereby are, empowered to draw one hun- 
dred and fifty pounds, layrf ul money, each, out of the general 
treasury, for which they are to be respectively accountable. 



^n Act in addition to an Act for emitting the sum of one hundred thousand pounds, 
lawful money, in bills of credit, passed at May session last. 

Whereas, in and by the said act it is proTided, " that if any creditor or creditors, 
their lawful agent or attorney, shall refuse to receive any of the aforesaid bills in dis- 
charge of any debt or demand, that then and in that case it shall and may be lawful 
for the said debtor to make application to a justice of the superior court of judicature, 
&c., or to any justice of the inferior court of common pleas of the county wherein 
said debtor lives or is resident; and the said justice, upon such application, shall grant 
citation," &c.; which provision has been found inefiectual, as the judges in some of 
the counties where debtors live or are resident, refuse or neglect to receive the money 
tendered for the payment of debts, and to proceed agreeably to the said act, whereby 
great inconvenience arises and justice is not equally distributed among the citizens 
at large : to remedy which, and for the more fully distributing equal justice to all the 
citizens of this state, — 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that it shall and may be lawful for any and every debtor, being a citizen of this state 
and commorant therein, who hath or shall or may tender unto any creditor any money 
or paper bills emitted in consequence of the aforesaid act and agreeably thereto, and 
the creditor hath refused or shall refuse to receive the same in discharge of such debt 
or demand, to lodge the money so tendered with either of the justices of the superior 
court of judicature, court of assize and general gaol delivery within this state, or with 
any of the justices of either of the inferior courts of common pleas within this state, 
whether residing in the county where the debtor lives, or out of the same. And such 
justice is required to receive the same and notify the creditor, agreeably to the said 
act ; which shall be good and valid to all intents, purposes and constructions whatever, 
as though the same money had been lodged in the hands of a justice of one of the 
courts in the county where such debtor lived ; anything in the aforesaid act notwith- 
standing. 

Be it enacted by this General Assembly, and by the 
authority thereof it is enacted, that from and after the 
rising of this Assembly, all actions which shall be brought 
to any court in this state, on any promissory note of hand, 
whether the same was made negotiable or not, shall be 
brought in the name of the original promisee ; otherwise 
the said action shall abate ; any law, custom or usage to the 
contrary hereof in any wise notwithstanding. 

Whereas, Rowse J. Helme and Jeremiah Olney, Esqs., 
presented unto this Assembly the following list of invalids, 
^ud their report thereon, to wit : 



1786.] 



AND PROVIDENCE PLANTATIONS. 



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228 BECORDS OF THE STATE OF RHODE ISLAND [DeC, 

To the Honorable the General Assembly of the State pf Rhode Island, &c. : 

We, the underwritten, being heretofore appointed a committee to examine into 
the clnims of all persons who were entitled to the benefits of an ordinance of Congress 
passed in June, A. D. 1785, relative to invalids, and their respective disabilities, have 
examined the within named persons, and given them certificates agreeably to the 
within list. None of the persons within named are entitled to any back allowances, 
except John Mowry, who has due to him, (with compound interest thereon up to the 
twentieth day of April, A. D. 1786,) the sum of fifty-four pounds seventeen shillings 
and three pence; and John Hany, upon the same principles, twenty -four pounds 
seventeen shillings and four pence, up to the seventeenth of June, A. D. 1786. 
All which is submitted by, gentlemen, your most obedient servants, 

ROWSE J. HELME. 
JEREMIAH OLNEY, 
Providence, Nov. 4, 1786. Committee. 

Which being duly considered, — 

It is voted and resolved, that* the said report be accepted ; 
that the said sum of fifty-four pounds seventeen shillings 
and three pence, lawful money, be paid to the said John 
Mowry, and the said sum of twenty-four pounds seventeen 
shillings and four pence to the said John Hany, out of the 
general treasury, for the balances above reported ; and that 
the aforesaid invalids be severally paid out of the general 
treasury the Sums which shall become duetto them respec- 
tively, on the monthly allowances within reported, at the 
end of every quarter, from the time of their aforesaid in- 
spection during their several lives; they applying personally 
therefor to the general treasurer. 

An Act for the better keeping the public roads and high- 
ways within this state passable in the winter season. 

[For the above act at length, see Schedule.] 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed immediately to deliver to the 
Continental loan-officer in this state, the facilities, teaming, 
and invalid certificates which have been paid into the gen- 
eral treasury by the different collectors, together with those 
belonging to the state ; that he be further directed to pur- 
chase with the paper bills of this state paid into the general 
treasury for taxes, such a sum in the said facilities, teaming 



1786.] AND PROVIDENCE PLANTATIONS. 229 

and invalid certificates, as with those already in his hands, 
shall be equal to the Continental tax ordered in August, 
A. D. 1785 ; that he deliver them also to the said loan- 
oflficer as soon as he shall have procured the same ; and that 
he pay no more in the said paper bills for the said certifi- 
cates than dollar for dollar. 



An Act laying duties of excise on certain articles therein 
described. 

[For this act at length, see printed schedule.] 

It is voted and resolved, that the petition of the Hon. 
Daniel Owen, Stephen Winsor, Simeon Thayer, Arthur Fen- 
ner, Jr., and Caleb Harris, Esqs., preferred unto this Assem- 
bly, praying for the exclusive privilege of a coinage for this 
state for the period of twelve years, be, and the same is, 
hereby granted ; that they be subject to such conditions, 
limitations and restrictions as shall be agreed to by this 
Assembly; and that Henry Marchant, William Charining, 
Benjamin Bourne, and Moses Brown, Esq., be, and they, or 
any three of them are, hereby appointed a committer to 
draught and report an act proper for carrying the intention 
of the said petitioners into execution, consistently with the 
articles of confederation and the sovereignty of this state. 



An Act in addition to an Act passed by the Qeneral Assembly at the session held in 
June, A. D. 1783, laying an impost of two per centum ad valorem upon articles 
imported, &c., and of an Act passed at the session held in June, A. D. 1784, rais- 
ing the same to two and an half per centum. 

Be it enacted by this Greneral Assemby, and by the authority thereof it is hereby 
enacted, that two and an half per centum be added to the duties upon the said im- 
ported articles, making five per centum in the whole ; to be collected in the manner 
directed in the aforesaid act, passed in June, A. D. 1788. 

It is further enacted, that all the money which shall arise from the said impost, and 
also from the impost upon enumerated articles, be paid by the collectors thereof into 
the general treasury at the end of every three months during the continuance of 
this act. 

It is also enacted, that this act shall take place at the expiration of ten days after 
the rising of this Assembly. 



230 RECORDS OF THE STATE OF RHODE ISLAND [DbC., 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to pay to all persons holding 
notes against the state, and orders issued by the general 
treasurer on the collectors of impost for the interest thereof, 
the one-fourth part of the nominal sum of such notes and 
orders, (if the said holders shall apply therefor,) endorsing 
such payment thereon; and that the said payments be 
made out of the money \^hich has been or that may be paid 
into the general treasury for state taxes or other state pur- 
poses : provided, nevertheless, 

And it is further voted and resolved, that no payment 
shall be made on any of the four per cent, notes, so called, 
which are now outstanding, nor upon any treasurer's note 
given for the consolidation of any of the said four per cent, 
notes. 

It is voted and resolved, that the city and town clerks of 
the city and respective towns in this state be, and they are, 
hereby requested to transmit to the next session of this 
Assembly, at the commencement thereof, a copy of their 
respective rate-rolls for the last state tax; and that this 
resolution be published in the newspapers of this state 
for one week, as soon as may be after the rising of this 
Assembly. 

An Act lessening the time for bringing personal actions. 
[For this act at length see printed schedule.] 

It is voted and resolved, that the act of this Assembly, 
passed at the session in June last, entituled, " An Act in 
addition to and amendment of an Act made and passed by 
the General Assembly of this state, at their last May ses- 
sion, at Newport, for emitting the sum of one hundred 
thousand pounds ; " and the act passed in addition thereto, 
at August session last, entituled, " An Act in addition to and 
amendment of an Act entituled ^An Act in addition to and 
amendment of an Act made and passed by this Assembly 



1786.] AND PROVIDENCE PLANTATIONS. 231 

at their session held at Newport, in May last, for emitting 
the sum of one hundred thousand pounds in bills of public 
credit/ " be, and the same are, hereby repealed. 

It is voted and resolved, that the tax of twenty thousand 
pounds, lawful money, be assessed and levied upon the rate- 
able polls and estates within this state, to be paid in the 
paper bills of this state ; which when paid in shall be appro- 
priated to the payment of the treasurer's notes of this 
state ; and that the apportionment of the said tax, to the 
diflFerent towns, be postponed to the next session of this 
Assembly. 

An Act respecting the small bills of the late emission of one hundred thousand 

pounds. 

Whereas, the words "Death to Counterfeit" are not inserted in or upon the bills 
emitted by virtue of an Act passed in May last, of the denomination of • two shillings 
and BIX pence, one shilling, nine pence, and six pence, although by the said apt the 
words should have been inserted : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 

enacted, that all bills emitted as aforesaid, of the denomination aforesaid, and signed 

by the committee, or such of them as is by the said act required, be, and the same 

shall be, taken and deemed good and lawful bills of credit of this state, according to 

the full tenor, effect and meaning of the said act, the omission aforesaid notwith- 
standing. 

And be it further enacted by the authority aforesaid, that whoever shall counter- 
feit, or willingly alter or deface any of the said bills, with an intent of injuring the 
credit thereof, or shall utter the same, knowing it to be counterfeited or altered, he, 
she or they so offending shall be deemed guilty of an high crime and misdemeanor, 
and upon conviction shall suffer accordingly. 

It is ordered, that a copy of this act be inserted one week in the newspapers of this 
state. 

God save the United States of America. 



232 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 



Proceedings of the General Assembly of the State of Rliode 
Island and Providence Plantations^ at South Kingstmtm, on the 
second Monday in March^ 1787. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Whereas, the United Congregational Society, in the town 
of Little Compton, preferred a petition and represented 
unto this Assembly, that God, in his providence, having 
taken from them their late pastor, Mr. Jonathan Ellis, by 
death, they have unanimously made choice of a young gen- 
tleman to preach the Gospel to them ; that the calamities 
of the times, and the want of a suflBcient fund to support a 
minister, necessitate them to pray this Assembly to grant 
them the benefit of a lottery, for raising the sum of six 
hundred pounds, of the paper money of this state, for the 
purpose of building a parsonage house in the said town, for 
the said society ; and that Messrs. Perez Richmond, George 
Simmons, Nathaniel Church, David Stoddard, Nathaniel 
Searle, and John Davis may be appointed managers thereof; 
which being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be pranted ; that the said society be empowered to set 
forth a lottery for the purpose of raising the sum of six 
hundred pounds, lawful money, for building a parsonage 
house for the said society in the said town ; that the said 
Perez Richmond, George Simmons, Nathaniel Church, David 
Stoddard, Nathaniel Searle, and John Davis be, and they 
are, hereby appointed manager of the said lottery, and 
empowered to agree on a scheme for the same ; provided, 
they shall previously give bond to the general treasurer of 
this state, in a sum double the amount of the said scheme. 



1787.] AND PROVIDENCE PLANTATIONS. 238 

for the faithful performance of their said trust ; and that no 
expense accrue thereon to the state. 

It is voted and resolved, that Jacob Eichardson, Esq., of 
Newport, be ordered forthwith to appear before this Assem- 
bly, to answer to a complaint made against him, of insult- 
inff His Excellency the Governor ; that the secretary, for 
the time being, issue a warrant for that purpose; and that 
Mr. Jonathan Hazard, a deputy sheriflF, cite the said Jacob 
Richardson to appear accordingly. 

Whereas, divers of the inhabitants of the city of New- 
port preferred a petition and represented unto this Assembly, 
that about two years since a number of the inhabitants of 
the then town of Newport convened in town meeting, and 
without consulting many others of their fellow townsmen, 
or giving them an opportunity to consider the consequence 
and importance of a change in their town regulations, and of 
introducing a mode of government novel, arbitrary, and 
altogether unfit for free republicans, did hastily, and with- 
out due and proper consideration, prefer a petition to the 
General Assembly of this state, to incorporate the said town 
into a city j that the General Assembly were then pleased 
to grant the same, and incorporate the said town into a 
city ; since which they have experienced many inconven- 
iences and indignities, unknown to them before said incor- 
poration, injurious to their property and civil liberty, and 
incompatible with the rights of freemen ; that the choice of 
the mayor, aldermen, and common council is effected by a 
few leading, influential men, who, when chosen, have the 
appointment of all the city officers, independent of the suf- 
frages of the people, which they conceive to be a deroga- 
tion of those rights and immunities which freemen are 
indisputably entitled to, and for which so much blood and 
treasure has been exhausted ; that the power of the corpo- 
ration is indefinite, and of consequence dangerous; and 
that they were told that the city mode of government 
would be economical; and much less expensive ; in which 

VOL. X. 80 



234 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

they have been deceived, as the mayor has the same salary 
with the governor, and the wardens and other officers receive 
more money for their services in proportion than the whole 
judicial powers of this state united ; and thereupon they 
prayed this Assembly, that the incorporation act of the city 
of Newport may be repealed ; and that the said charter 
may be annulled, vacated, and made void ; and the premises 
being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be granted; that the act entitled "An Act to incor- 
porate the town of Newport into a city," made and passed 
at May session, A. D. 1784, be repealed; and that the char- 
ter of incorporation thereby granted be, and the same is, 
hereby declared null and void. 

And it is further voted and resolved, that the said city 
of Newport be, and hereby is, incorporated and made a 
township by the ancient name of the town of Newport, and 
the inhabitants thereof restored to all the privileges and 
immunities they held and enjoyed before they were incor- 
porated into a city ; that the clerk of the said (former city, 
now) town of Newport be, and he hereby is, appointed and 
fully empowered to convene the freemen of the said town, 
by warrant, at the state house in said town, on Tuesday, the 
27th day of March current, in order to hold a town meet- 
ing, choose a moderator, and all such town officers as they 
were heretofore entitled to by the laws of this state, and to 
do any other matter and thing whatever, in order to regu- 
late and make said city a township as aforesaid ; and that 
the said city remain under the city laws and regulations 
until the said time for holding a town meeting, and no 
longer. 

An Act for granting and apportioning a tax of twenty 
thousand pounds, lawful money, upon the inhabitants of 
this state. 

[For this act at length, see Schedule. 



1787.] 



AND PROVIDENCE PLANTATIONS. 235 



An Act to preTent the sale of liquor near the Indian meeting house in the town of 

Charles town. 

Whereas, many idle and dissolute persons, both whites and Indians, frequently 
assemble themselves at and near the Indian meeting house, in Charlestown, to drink 
atroDg liquors, and thereby intoxicate themselves, and, in a riotous and abusive man- 
ner, disturb the quiet and sober people who collect themselves to worship the Deity 
agreeably to the dictates of their own consciences, to the great annoyance and subver- 
sion of tlie public peace and good order : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
enacted, that no person or persons shall sell any strong liquor to any person or per- 
sons, on the Sabbath day, within one mile of the said meeting house, under the penalty 
of six pounds, lawful money ; one half to and for the use of the town of Charlestown, 
and the other half to and for the use of the informer, who shall prosecute for the 
same, before any justice of the peace in the county of Washington, who is hereby 
fully empowered to hear and determine the same. 

And be it further enacted by the authority aforesaid, that no person or persons 
shall bring any strong liquor into the fields or roads within one mile of the said meet- 
ing house, on the days of the said Indians assembling for Divine worship, with an 
intent to drink the same, or. to retail it out to the idle and vicious persons so assem- 
bled, under the like penalty, to be prosecuted and forfeited in manner as aforesaid. 



An Act in addition to an Act passed at the session held iiSt December last, appro- 
priating the money in the general .treasury to the discharge of all state securities, 
except those originating from four per cent, notes. 

Be it enacted by this Greneral Assembly, and by the autliority thereof it is enacted, 
that all persons holding public securities of the denominations aforesaid; be directed 
to apply to the general treasurer, to receive five shillings in the pound, in part of 
every such security held as aforesaid, within six weeks after the rising of this Assem- 
bly ; that all such persons neglecting or refusing to do the same, shall forfeit to and 
for the use of this state, the said fourth part of all such securities held as aforesaid ; 
and that the interest arising upon the one-fourth part of the aforesaid securities be 
stopped immediately after the rising of this Assembly. 

It is further enacted by the authority aforesaid, that the secretary publish this act 
in the Newport and Providence newspapers three weeks successively ; which notifica- 
tion shall be deemed a sufficient citation to the holders of such public securities, to 
apply for and receive the same. 



It is voted and resolved, that Eowse J. Helme, Esq., be, 
and he is, hereby appointed to lease out the farm belonging 
to this state, late Richard Gardner's, lying in South Kings- 
. town ; and that Richard Fry, Esq., be, and he is, hereby 
appointed to lease out the farm belonging to this state, 
lying in Coventry, for the ensuing year ; they contracting 
to receive the rents thereof in the produce of the said 
farms. 



1 

236 RECORDS OP THE STATE OF RHODE ISLAND [MaRCH, 

The following report was presented unto this Assembly, 
to wit : 

Report of t}ie Committee appointed by the General Assembly 

relative to the State debts. 

Whereas, the subscribers were bj the Honorable General Assembly of said state, 
at their session held at Providence, in October last, appointed a committee to inquire 
into the state of the debts due from this state to all persons whosoever; and in what 
manner and for what considerations the same originated ; and to report the facts and 
the remedies proper to be applied to the evils that might be investigated, if any, to 
the next session of Assembly. Therefore, having met at Newport, and inspected into 
the amount of the debts due from this state to all persons whosoever, and also how 
the same originated, and having investigated some evils, do report : 

That there hath been issued by the general treasurer one thousand one hundred 
and eighty notes for consolidated state money, amounting to thirteen thousand nine 
hundred and one pounds ten shillings and three pence; one hundred and twenty -four 
notes issued by particular acts of Assembly, amounting to fourteen thousand and 
ninety-two pounds thirteen shillings and eleven pence halfpenny; one hundred and 
thirty-seven notes issued to soldiers for the depreciation of their wages, who enlisted 
for three years, amounting to five thousand eight hundred and seventy pounds six 
shillings and three farthings ; eighty-two notes issued for Charles Holden's certificates 
and funded money, amounting to six thousand and seventy-seven pounds three shil- 
lings and six pence half-penny; three hundred and forty -one notes issued to the 
soldiers of the Rhode Island regiment, amounting to eleven thousand one hundred 
and ninety pounds and ten pence ; five hundred and sixty-six notes issued for the 
redemption of the six per cent, notes, (which notes have undergone the operation of 
the scale,) amounting to fifty thousand six hundred and sixty-five pounds three shil- 
lings one penny and three farthings ; eighty -two notes issued to the creditors of the 
absentees' estates, amounting to five thousand one hundred and seventy-nine pounds 
thirteen shillings and six pence. 

Upon the notes which were issued for the redemption of the six per cent, notes, we 
beg leave to observe, that although they were not made a tender in law, yet they were 
issued in the time of the late war, and were when issued, as we apprehend, worth no 
more than paper money, which did depreciate, and large sums perished in the hands 
of the possessors ; and we are of opinion that it is a hard lot for the greater part 
of the inhabitants to suffi^r the whole loss on their part, and be obliged to make 
good the depreciation to others, when the whole originated from one common cause 
in which all were embarked. 

And that, on the 24th day of March, A. D. 1782, two thousand four hundred and 
sixteen notes were issued by the general treasurer, amounting to forty-six thousand 
and seventy-one pounds four shillings and six pence, for the redemption of four per 
cent, notes, which were issued by an act of the General Assembly in Fehruary and 
March, A. D. 1777, and made a lawful tender, in the same manner as the states' 
money, and were in fact of no more value than the same amount in the Continental 
currency ; hut notwithstanding which, these notes were consolidated by the scale of 
depreciation, back to the time they were finished issuing, it being the 24th day of 
March, A. D. 1777 ; when in otu: opinion they ought to have been reduced by the 
scale of depreciation at the time the Continental bills ceased to be a currency, for the 
following obvious reason, to wit : 



1787.] AND PROVIDENCB PLANTATIONS. 237 

These notes were originally received out of the general treasury the same as Conti- 
nental bills, and passed the* same as such bills, exclusive of the interest ; therefore it 
is our opinion that the notes which were Issued by the general treasurer in lieu of the 
four per cent, notes, ought to be reduced to the depreciated state of forty shillings of 
said notes to be only equal to one shilling. 

All which is submitted to the Honorable General Assembly, by their humble 
servants, OLIVER DUHFEE, 

JOHN SAYLES, 
JONATHAN J. HAZARD, 
THOMAS JOSLIN, 

Committee. 
Newport, March 1, A. D. 1787. 

Upon which the following votes passed, to wit : 

In the lower House, March 16, 1787. Resolved, that the 
foregoing report be received, and the consideration thereof 
referred to the next session of Assembly ; and that the sec- 
retary send a printed copy thereof to each town clerk 
within this state as soon as may be after the rising of this 
Assembly, to be by them communicated to the freemen of 
the respective towns at the annual town meeting in April 
next, in order that instructions may be given to the depu- 
ties of the several towns by the freemen thereof respecting 
the same ; which instructions are to be presented by the 
said deputies to the Assembly, at the next session, on the 
second day thereof 

In the upper House. Read March 17, and concurred, 
with this addition, that whereas, some of the holders of the 
four per cent, notes became possessed of the same by deliv- 
ering to the state or individuals the full value of the same 
notes as they were when issued, and it would be manifest 
injustice to deprive them of what is justly their due ; there- 
fore, that a committee of three good, judicious, disinterest- 
ed persons be appointed, that all the holders of said notes 
may make it appear before them, when and how they be- 
came possessed of such notes, and at what rate or value 
they received the same ; which proof to be made by some 
evidence other than their own oath; and that said com- 
mittee reduce them to such value as they were when the 
holders became possessed of the same, by consolidating 



238 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

them to the value which the holder received them at, and 
afl&xing the value on the back of each note, which shall be 
a rule for the general treasurer to discharge the same by. 

In the lower House. Read the same day and concurred. 

It is voted and resolved, that a copy of the bill entitled, 
^^An Act for a more equal representation of this state of 
Rhode Island and Providence Plantations, in General As- 
sembly," be transmitted by the secretary, on or before the 
second Wednesday in April next, to each town clerk with'in 
this state, who are respectively to lay the same before the 
freemen of their several towns, at their annual town meet- 
ings, on the third Wednesday of the same April, in order 
that the sense of the said freemen may be taken thereon, 
and by instructions to their deputies, communicated to the 
next session of the General Assembly. 

An Act to prevent bribery and corruption in the election of 
public officers in this state. 

An Act for the re-payment of any advances made by any 
town within this state which shall support any of the 
invalids who are entitled to the benefits of an ordinance 
of Congress, passed in June, A. D. 1785. 

[For the above acts at length, see Schedule.] 
God save the United States of America. 



1787.] 



AND PBOVTDENCE PLANTATIONS. 



239 



Proceedings of the General Assemhb/ of the State of RJwde 
Island aiid Protndence Planiaiions^ at Netvporty on the first 
Wednesday in May, 1787. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 



ASSISTANTS. 



William Waterman, Esq., 
Joseph Stanton, Jr., Esq., 
John Williams, Esq., 
Elisha Bartlett, Esq., 
James Arnold, Esq., 



William Congdon, Esq., 
Caleb Gardner, Esq., 
Thomas G. Hazard, Esq., 
John Cooke, Esq., 
Oliver Durfee, Esq. 



DEPUTIES. 



Netvport, 
George Hazard, Esq., 
Henry Marchant, Esq., 
George Champlin, Esq., 
John Topham, Esq., 
Mr. Daniel Mason, 
Mr. William Tripp. 
Providence, 
John Brown, Esq., 
Welcome Arnold, Esq., 
Benjamin Bourne, Esq., 
Joseph Nightingale, Esq. 

Portsmouth. 
Elijah Cobb, Esq., 
Mr. Burrington Anthony, 
Benjamin Hal>, Esq., 
Mr. Benjamin Btownell. 



Wanvick. 
Othniel Gorton, Esq., 
Mr. Gideon Arnold, 
Mr. Jonathan Gorton, 
Mr. Anthony Holden. 

Westerly. 
Joseph Noyes, Esq., 
Mr. Walter White. 

New Shoreham. 
Mr. Edward Hull, 
Mr. Ray Sands. 

North £Sngstotm. 
James Congdon, Esq., 
Mr. Bowen Card. 

Sovih Exngstown, 
Samuel J. Potter, Esq., 
John Gardner, Esq. 



240 



RECORDS OF THE STATE OF RHODE ISLAND 



[May, 



East Greenwich. 
Joseph Fry, Esq., 
Job Comstock, Esq. 
Jamestotvn. 
Mr. John Gardner, 
Mr. John Franklin. 

Smithfield. 
John Sayles, Esq., 
Andrew Waterman, Esq. 

Scituaie. 
Mr. Nathan Bates, 
Thomas Mowry, Esq. 

Ghcester, 
Mr. Seth Hunt, 
Stephen Winsor, Esq. 

Charkstotm. 
Mr. Thomas Hoxsie, 
Jonathan J. Hazard, Esq. 

West Greentvich, 
Thomas Joslin, Esq., 
Mr. William Matthewson. 

Coventry. 
William Burlingame, Esq., 
Mr. Jeremiah Fenner, 

Exeter. 
Mr. Joseph Reynolds, 
Mr. Job Wilcox, Jr. 
Middletoum. 
Mr. Thomas Coggeshall, 
Mr. Joseph Coggeshall. 

Bristol 
William Bradford, Esq., 
Mr. Stephen Smith. 



Tiverton. 
Mr. Benjamin Howland, 
Mr, Thomas Durfee. 
Idttle Compton. 
Mr. George Simmons, 
Nathaniel Searle, Esq. 

Warren. 
Cromel Child, Esq., 
Mr. Smith Bowen. 

Cumberland. 
Mr. John Lapham, 
Mr. Stephen Whipple. 

Richmond. 
James Sheldon, Esq., 
Mr. Thomas James. 

Cranston. 
Mr. George Waterman, 
Nehemiah Knight, Esq. 

HopJdnton. 
Abel Tanner, Esq., 
Thomas Wells, 2d, Esq. 

Johnston. 
Abraham Belknap, Esq., 
Andrew Harris, Esq. 

North Providence. 
Mr. Edward Smith, 
Thomas Olney, Esq. 

Barrington. 
Mr. Vial Allen, 
Mr. Joshua Bicknall. 

Foster. 
Mr. John Westcott, 
Mr. Christopher Colwell. 



The Hon, Othniel Gorton, Esq., speaker, and John S. 
Dexter, Esq., clerk. 



1787.] AND PROVIDENCE PLANTATIONS. 241 

Henry Ward, Esq., secretary. 

Henry Goodwin, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

DELEGATES TO REPRESENT THE STATE IN CONGRESS. 

The Honorable Peleg Arnold, Esq. 
The Honorable Jonathan J. Hazard, Esq. 
The Honorable Daniel Manton, Esq. 
The Honorable Sylvester Gardner, Esq. 

Whereas, some of the members of the lower House of 
Assembly did not attend the town meetings at the time 
they were chosen representatives, and others from some 
other cause did not take the oath prescribed by law against 
bribery and corruption, in order to qualify them to vote for 
general officers ; and whereas, some doubts have arisen 
whether such representatives are qualified to vote at the 
election of officers, without previously taking said oath, — 

It is therefore voted and resolved, that each and every 
representative now convened in General Assembly, who did 
not take said oath or affirmation at the town meeting before 
the moderator, be, and he is, hereby permitted and allowed 
to take the same before the speaker of the lower House ; 
and that thereupon he or they shall be qualified to vote 
and act to all intents, purposes and constructions whatever, 
as though he or they had taken the same before the mod- 
erator in any town meeting ; any law, custom or usage to 
the contrary notwithstanding. 

Both houses being joined in a grand committee, proceed- 
ed upon the election and chose the following gentlemen, 
to wit: 

John Mathewson, Esq., first assistant, in the room of Wil- 
liam Waterman, Esq., who declined. 

Sylvanus Sayles, Esq., fourth assistant, in the room of 
Elisha Bartlet, Esq^ who declined. 

TOL. X. 81 



242 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Theodore Foster, Esq., first assistant, in the room of John 
Mathewson, Esq., who declined. 

JUSTICES OF THE SUPERIOR COURT. 

Paul Mumford, Esq., chief; William West, Esq., second ; 
Stephen Potter, Esq., third ; Walter Cooke, Esq., fourth ; 
John Waite, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

William Richmond, Esq., chief; Thomas Freebody, Esq., 
second ; Jonathan Freeborn, Esq., third ; Joshua Barker, 
Esq., fourth ; Gideon Wanton, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Ebenezer Thompson, Esq., chief; Caleb Harris, Esq., sec- 
ond; Abraham Mathewson, Esq., third; John Burton, Jr., 
Esq., fourth ; Stephen Steere, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Freeman Perry, Esq., chief; Sylvester Gardner, Esq., 
second; Robert Stanton, Esq., third; Edward Wells, Esq., 
fourth ; Benjamin Hoxsie, Jr., Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR BRISTOL COUNTY. 

Joseph Reynolds, Esq., chief; James Miller, Esq., second; 
Elkannah Humphrey, Esq., third ; Jacob Saunders, Esq., 
fourth ; Newby Coggeshall, Esq., fifth? 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Thomas Aldrich, Esq., chief; Stephen Arnold, Esq., second; 
Gideon Waite, Esq., third ; Anthony Low, Esq., fourth. 

JUDGE OF THE COURT OF ADMIRALTY. 

Atobrose Page, Esq., judge of the court of admiralty, 
within and throughout the state. 



1787*] AND PROVIDENCE PLANTATIONS. 243 

SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Neheraiah Knight, Esq. 
Washington County — Beriah Brown, Esq. 
Bristol County — Shubael Kinnicut, Esq* 
Kent County — Jonathan Niles, Esq. 



COLLECTORS OF LMPOST. 

Joseph Tweedy, Esq., collector of impost for the county 
of Newport. 

John Mathewson, Esq., collector of impost for the county 
of Providence. 

George Thomas, Esq;, collector of impost for the county 
of Washington. 

Cromel Child, Esq., collector of impost for the county 
of Bristol. 

Job Comstock, Esq., collector of impost for the county 
of Kent 

An Act regulating the appointment of intendants, or naval 
officers, within this state. 

[For this act at length, see printed schedule.] 

Whereas, from various causes several towns within this 
state have neglected to assess the tax upon the inhab- 
itants, agreeable to the act of this Assembly, for assessing 
twenty thousand pourfds, upon the polls and estates of the 
• inhabitants, passed at the session in March last, — 

It is therefore voted and resolved, that ten days from the 
rising of this Assembly be, and the same is, hereby allowed 
unto each and every town within this state, who have not 
already assessed the said tax ; that upon their assessing the 
same, and returning the rate-list to the general treasurer, 
he issue his warrants in the same manner as though the 
said business had been completed agreeable to the said act ; 



244 RECORDS OP THE STATE OF RHODE ISLAND [MaY, 

and that it be recommended to the deputies, immediately 
upon their return home, to inform the assessors of rates in 
their respective towns of this act. 

Whereas, this Assembly did direct that John Sayles, Esq., 
be empowered to draw two hundred pounds, lawful money, 
out of the general treasury, and transmit the same to the 
delegates in Congress; and the said John Sayles having 
absolutely refused to take the burthen thereof, — 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby directed to pay unto . the Hon. 
James M. Varnum and Peleg Arnold, Esq., or their order, 
one hundred pounds, lawful money, each, out of the general 
treasury, to be accounted for by them. 

The following return of the choice of officers to com- 
mand the united company of the train of artillery in the 
town of Providence, was read in 'council, to wit : Daniel 
Tillinghast, Esq., colonel ; Levi Hall, Esq., lieutenant colonel ; 
Robert Taylor, Esq., major; Gershom Jones, captain, and 
Joseph Burrill, lieutenant; which being duly considered, — 

It is voted and resolved, that the said choice be, and 
hereby is, approved. 

An Act regalatiog the fisberj in Pawtucket riyer. 

Wherea3» a trench or ditch has been opened to form a water-coane round the 
westerly side of Pawtacket falls, to communicate with the river above and below the 
said falls, to give a free and uninterrupted passage to the fish up the same ; and as it 
is expedient that the fishery in the said river, for the benefit of the citizens, should be 
under regulations : 

Be it therefore enacted by this General Assembly, aftd by the authority thereof it is 
enacted, that no person whoever shall hereafter, from the first day of April to the last 
day of June inclusive, fish within four rods of the said trench or ditch, or in the same, 
with nets or lines, or any other way, or anywise obstruct, prevent, or Iiinder the fish 
from passing or repassing in the said trench or ditch, upon the penalty of three pounds, 
lawful money. 

And be it further enacted by the authority aforesaid, that any three justices of 
the peace, in the county of Providence, be, and they are, hereby authorized and fully 
empowered to hear and try all complaints which may be made concerning the fishery 
in the said river, and to determine the same agreeable to this act, and thereupon to 
award execution ; and that one>half of all penalties recovered, in consequence- of this 
act, shall be to and for the use of the complainer or complainers, and the other half to 
and for the repairs of the said trench or ditch. 



i 



1787.] AND PROVIDENCE PLANTATIONS. 245 

It is voted and resolved, that the time for the holders of 
the six per cent state securities, applying to the general 
treasury for receiving the quarter part of the amount of 
such securities, be continued until the second day of the 
next session of the General Assembly ; the time allowed by 
the act passed at the last session being so short, that many 
of the inhabitants of the state had no notice thereof; and 
that this resolve be published in the Newport and Provi- 
dence newspapers. 

God save the United States of America. 



Letter from James M. Vamum and Peleg Arnold to the Governor 

of Rhode Island. 

New York, April 7, 1787. 

Sir : — We hare the honor of enclosing to Your Excellency a newspaper of yester- 
day '« date, together with the copy of a letter which we this morning addressed to the 
governor of the state of New York. His Excellency Governor Clinton has laid the 
same before the 'legislature, who are now in session here. What the result will be, 
we know not. But we could not be silent, situated as we are, when so great an indig- 
nity was offered to the highest exercise of sovereignty in our state. Whether the 
measures of the General Assembly pointed out in the publication are consistent with 
good policy or not, is, to us, perfectly immaterial upon the present occasion. We 
represent a sovereign state, and will not suffer its honor to be sullied with impunity. 
In our next we will communicate the result of this business, and are, 

With great respect, etc., 

JAMES M. VARNUM, 

PELEG ARNOLD. 
To the Governor of Rhode Island. 



Letter from James M, Vamum and PeUg Arnold to Governor 

Ctiivtony of New York. 

New York, 7th April, 1787. 

Sir : — The nndersigners, delegates of the state of Rhode Island in the Congress of 
the United States, complain to Your Excellency of a publication in a newspaper 
called the Daily Advertiser, political, historical and commercial, dated upon the first 
of April instant, and printed by Francis Childs, in this city. The pubhcatiou begins : 

" Quintessence of villany ; or, proceedings of the legislature of the state of Rhode 
Island at the late session." 



246 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Then the printer assumes a narrative of those proceedings as extracted from the 
Newport Herald, of March 22d. This daring insult to a sovereign state they consider 
as the most scandalous of libels, and therefore request Your ExcelUncj to cause the 
said Francis Childs to be apprehended, agreeably to the laws of the state over which 
you preside. 

With the most perfect consideration, 

We have the honor of being, etc., 

JAMES M. VARNUM, 
PELEG ARNOLD. 
Grovemor Clinton. 



Letter from James M. Vamxim and Peleg Arnold to the Governor 

of Rhode Island, 

New York, April 24, 1787. 
Sir : — The following measures have been adopted by Congress since our last com- 
munications : 

The resolution of the 20th October last is so far repealed, that only two companies 
of the Massachusetts line are retained. Congress have unequivocally declared the 
operation of the treaty of peace with Great Britain, and recommended to the respec- 
tive states to repeal all laws repugnant to the principles of that treaty. The reasons 
inducing this measure accompany the resolution ; and the consequences will be an 
evacuation of the western ports, provided tlie states comply, as they certainly will 
upon principles of right and of good policy. A copper coinage, upon the federal 
standard, for the value of one hundred thousand pounds, this currency, is established. 
The contractor gives a premium of fifteen per cent., and loans the whole sum upon 
the common funds for twenty years, with six per cent, interest, with an option in the 
United States of discharging the debt sooner. The appropriation is for sinking the 
debt, and, well conducted, will produce the best objects of financiering. The pay of 
the civil list is reduced. The western lands already surveyed are directed to be sold, 
agreeably to the ordinance for that purpose, in five months, at public vendue, in the 
place where Congress may sit, for not less than one dollar in paper or specie per acre. 
Much attention has been paid to a plan for speedily settling the accounts of the United 
States with the individual states, but the want of nine states in representation now 
impedes the accomplishment of that desirable object. 

It is probable that no business of very essential importance will be conducted for 
some time to come, as the public attention is very much engrossed upon the meeting 
of the delegates in convention, some of whom are members of Congress. This period 
forms a most serious crisis in our political existence. The avowed objects of this 
new assembly, sanctioned by general opinion, and pointing to the great interests of 
the whole Union, are too momentous not to claim the attention of the state of Rhode 
Island. How far an entire adherence to the articles of confederation may justify the 
policy of any one or two states in remaining indiff*erent spectators to the probable 
events ot these arrangements, we shall not presume to decide ; but common safety, 
and the relation a part bears to the whole, should have their due influence upon this 
occasion. As representatives of the state in the general confederacy, we feel no 
motives but those which are directed to the honor and happiness of all our con. 
stituents, and therefore do not urge, but ofier our sentiments, that the resolution of 
Congress for appointing delegates ih the convention ought to be complied with. 



1787.] 



AND PROVIDENCE PLANTATIONS. 247 



The legislature of this state have ordered a prosecution against the printer, in con- 
sequence of our letter to Governor Clinton^^hould we request it. In this matter we 
acted deliberately, and, as we conceive, with propriety. The peculiarity and delicacy 
of oar situation required an assertion of the dignity of our state, or a submission to 
the most debasing humility. Our views are fully answered, and we have it now in 
our power to g^ratify our feelings to the extremes of generosity. 

Id a short time we shall be able to retire from public business, and pay some atten- 
tion to our private concerns ; but in order to obtain that intermission, and preserve a 
character worthy of those who employed us, we hope for the supplies our appoint- 
ments entitle us to. 

Be pleased, sir, to accept our congratulations upon the commencement of a new 

political year ; and, while our most earnest wishes are directed to the prosperity of 

the state, under the influence of wise and salutary measures, bo assured of the great 

esteem and regard, with which we have the honor of being. 

Your Excellency's very obedient and most humble servants, 

JAMES M. VARNUM, 

PELEG ARNOLD. 
To the Governor of Rhode Island. 



Resolutions of Congress respecting Representation. 

By the United States in Congress assembled. 

November 1, 1783. 

The committee, consisting of Mr. Carroll, Mr. Duane and Mr. S. Huntington, to 
whom was referred a motion of Mr. Wilson, to devise means for procurint; a full rep- 
resentation in Congress, having reported — 

That whether from the peculiar circumstances some of the states have been under 
during the war, or that the states in general were not sufficiently impressed with the 
importance of keeping up a constant representation in Congress, the committee cannot 
find, on examining the journals, uotwithstauding the repeated earnest recommenda- 
tions for that purpose, that all the states have been represented at the same time. It 
appears that frequently there have not been more than nine states, and too generally 
not more than a competent representation for the lesser objects of the confederation. 
As the articles of confederation are silent upon this subject, any further than by fixing 
the number of delegates for each state, and by declaring how many shall constitute a 
representation, the committee presume such silence was in consequence of a firm 
reliance that the states could not be inattentive to a duty not only essential to the 
interests of each state, but likewise to a principle on which the federal government 
itself rests. 

The articles of confederation requiring, for certain purposes, the agreement of nine 
states, and as it has seldom htfppened more than that number have attended, the com- 
mittee conceive that not only the injury the public and individuals have suffered 
thereby, have been occasioned in many instances by the absence of the delegates of 
some of the states, but likewise that the spirit of the articles of confederation have 
been defeated, by making an unanimity necessary, whereas nine only out of thirteen 
are required. And the committee are further of opinion, that unless the states pursue 
effectual measures for keeping up a constant representation, another material object of 
the confederation will be frustrated. The delays unavoidable for want of a full repre- 
sentation will, they conceive, oblige Congress to remain sitting the whole year, 
whereas by the articles of confederation it appears that it was expected part of the 
business of the United States would be transacted by a committee of the states. 



248 RECORDS OF THE STATE OF RHODE ISLAND [JuNB, 

The committee, therefore, are of opinion that it should be earnestly recommended 
to the respective states, to take the moat effectual measures to maintain, at all times 
while Congress are sitting, a full representation, that the delay of buftidess, which has 
proved so ii\jurious to the public, and grievous to individuals, may no longer be a 
subject of complaint. 

Resolved, that Congress agree to the said report. 

April 19, 1784. 

On report of a committee, consisting of Mr. Gerry, Mr. Sherman and Mr. Lee, to 
whom were referred a motion of Mr. Gerry, — 

Resolved, that the legislatures of the several states be informed, that whilst they 
are respectively represented in Congress by two delegates only, such an unanimity 
for conducting the most important public concerns is necessary as can be rarely 
expected. That if each of the thirteen states should be represented by two members, 
five out of twenty-six, being only a fifth of the whole, may negative any measures 
requiring the voice of nine states. That of eleven states now on the floor of Congress, 
nine being represented by only two members from each, it is in the power of three 
out of twenty-five, making only one-eighth of the whole, to negative such a measure, 
notwithstanding that, by the articles of confederation, the dissent of five out of thir- 
teen, being more than one-third of the number, is necessary for such a negative. 
That in a representation of three members from each state, not less than f^n of thirty- 
nine could so negative a matter requiring the voice of nine states. That from facts 
under the observation of Congress, they are clearly convinced that a representation of 
two members from the several states is extremely injurious, by producing delays ; 
and for this reason is likewise much more expensive than a general representation of 
three members from each state. That therefore Congress conceive it to be indispen- 
sably necessary, and earnestly recommend that each state, at all times when Congress 
are sitting, be hereafter represented by three members at least : as the most iiyurious 
consequences may be expected from the want of such representation. 



Proceedings of the General Assembh/ of the State of Rhode 
Island and Providence Plantations^ at Newport^ on the second 
Monday in June, 1787. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

An Act making the house of Daniel Bradford, Esq., in Bris- 
tel, a gaol to confine debtors who give bonds for their 
remaining true prisoners. 

[For the above act at length, see Schedule.] 



1787.] AND PROVIDENCE PLANTATIONS. 249 

Whereas, Jotham Carpenter, Esq., of Cumberland, and 
Mr. David Sayles, of Smithfield, preferred a petition and 
represented unto this Assembly, that heretofore on the peti- 
tion of a number of the inhabitants of the towns of Smith- 
field and Cumberland, this Assembly granted a lottery for 
raising the sum of one hundred and thirty-five pounds, law- 
ful money, for the purpose of repairing the bridge across 
Pawtucket river, between the said towns, near to Furnace 
Unity, and appointed them the managers of the said lottery; 
that in consequence of their said appointment they set up 
a lottery to raise the said sum, and began the necessary 
repairs of the said bridge, and prosecuted the same so far 
as to render the said bridge passable, and until they had in 
the most economical manner not only expended the said 
sum of one hundred and thirty-five pounds, but had also 
advanced more than the sum of sixty pounds, lawful money, 
towards the said repairs ; and thereupon the said Jotham 
Carpenter and David Sayles prayed this Assembly to grant 
them a lottery to raise the sum of two hundred pounds, 
lawful money, to finish the repairs of the said bridge, and 
to reimburse them the said sum they are in advance ; and 
the premises being duly considered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the said 
Jotham Carpenter and David Sayles give bond to the gen- 
eral treasurer in the sum of five thousand pounds, lawful 
money, for the faithful performance of the same ; and that 
no expense accrue hereon to this state. 

An Act preventing the drawing of seines in any part of 
Providence river which lies to the northward of Fox 
point, in said river ; and also that branch of the said river 
known by the name of the Seconk river; and also to 
prevent the shooting at pigeons on and near the marshes 
in the towns of Providence and North Providence. 
[For this act at length see printed schedule.] 

TOL. X. 32 



250 RECORDS OP THE STATE OF RHODE ISLAND [JuNE, 

It is voted and resolved, that the Hon. James M. Varnum 
and Peleg Arnold, Esq., two of the delegates of this state, 
be, and each of them is, hereby empowered to draw the 
sum of one hundred and fifty pounds, lawful money, out of 
the general treasury, in addition to the grant made them at 
the last session of this Assembly, to be accounted for by 
them respectively, in the settlement of their accounts as 
delegates. 

Whereas, it appears to this Assembly, that in the year 
1714, the then General Assembly ordered the highway lead- 
ing from Providence to Connecticut over Bennett's brook 
to be surveyed a^id relayed by a committee by them ap- 
pointed ; and that the said committee, pursuant to their 
appointment, did survey the said highway, and caused the 
same to be relayed by a jury especially empannelled for 
that purpose, who established the said highway to be four 
rods wide throughout, as appears by a plat thereof on record ; 
and whereas, it is represented that encroachments have been 
made by divers persons on that part of the said highway 
which lies between the forks of the roads westward of the 
Rev. Mr. Snow's meeting house and the western extremity 
of the said highway within the limits of the said town of 
Providence ; and whereas, it appears that the regulating the 
aforesaid highway hath heretofore been under the direction 
of the General Assembly, — 

It is therefore voted and resolved, that the said highway 
be revised and resurveyed from the forks of the said roads 
westward of the said meeting house to the west line of the 
said town on said highway ; that boundaries on each side of 
the said highway be erected, agreeably to the plat thereof, 
on record as aforesaid; that a plat of such revision and 
resurvey executed pursuant to this resolve be lodged in the 
secretary's ofl&ce as evidence of the width and boundaries of 
the said highway within the limits thereof as aforesaid; 
that William West, Caleb Harris, and Andrew Harris, Esqs., 
be, and they are, hereby appointed to make the said revision 



1787.] AND PROVIDENCE PLANTATIONS, 251 

and resurvey ; and that the same be done at the expense of 
the town of Providence. 

It is voted and resolved, that the acts of this Assembly, 
granting a bounty on sheep, flax, and hemp, be, and the 
same are, hereby repealed. 

It is voted and resolved, that the petition of the religious 
society called Quakers, preferred unto this Assembly, respect- 
ing the slave trade, be, and the same is, hereby received 
and referred unto the next session of this Assembly for 
further consideration. 

Both houses being joined in a grand committee, chose the 
following officers, to wit : 

James Mitchel Varnum, Esq., major general of the militia 
of the state. 

John Malbone, Esq., brigadier general of the militia of the 
county of Newport. 

Simeon Thayre, Esq., brigadier general of the militia of 
of the county of Providence. 

Joseph Stanton, Jr., Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

It is voted and resolved, that the Rev. Dr. James Man- 
ning, one of the delegates of this state to Congress, be, and 
he is, hereby empowered to draw the sum of four hundred 
pounds, lawful money, out of the general treasury, and that 
he account for the same in the settlement of his account 
for his delegation. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby empowered and directed to pay off one- 
quarter part of all the public securities, except those which 
were given for the four per cent, notes, as the holders shall 
bring them in, and endorse the same on the said securities, 
whether the first quarter part is paid or not ; this being the 
second payment towards discharging the public debt. 

God save the United States of America. 



252 RECORDS OF THE STATE OF RHODE ISLAND [SePT.^ 



Proceedings of the General Assembly/ of the State of Rhode 
Island and Providence PlaidationB, at Neioport^ on Monday^ 
the lO^A of September, 1787^ 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Whereas, Lewis Peck, clerk to Field's Fountain Society, 
in the town of Providence, incorporated by an act of the 
General Assembly passed at May session, A. D. 1782, hath 
preferred a petition to this Assembly, therein representing 
that the members of the said society neglected to convene 
on the last Wednesday in May, A. D. 1785, in consequence 
whereof some doubts have arisen in the minds of some of 
the members of the said society, as to the legality of their 
subsequent proceedings, apprehending that a dissolution of 
the said society was caused by their omission of the annual 
meeting, enjoined by the aforesaid act of incorporation; 
and that thereby the, collection of taxes, assessed on the 
members of the said 'society, for the repairing the water 
works and other necessary purposes is much impeded 
and embarrassed ; and thereupon prayed this Assembly to 
pass an act for the revival of the said charter, and a con- 
firmation of the proceedings which have been had by the 
said society since the said last Wednesday in May, A. D. 
1785: 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is enacted, that the aforesaid 
act, for the incorporation of the Staid society, and every part 
thereof, be, and the same is, hereby declared to be in full 
force and operation ; that the charter granted in pursuance 
of the said act be deemed and adjudged to be equally valid 
and operative as though the omission of an annual meeting 



I 



1787.] AND PROVIDENCE PLANTATIONS, 253 

as aforesaid had never happened ; and that the proceedings 
of the said society which have been had since the said, 
omission, be, and the same are, hereby declared to be valid, 
effectual and binding, so far as the same are agreeably to 
law, the neglect of an annual meeting as aforesaid notwith- 
standing. 

And be it further enacCed by the authority aforesaid, that 
in case of any future neglect of the said society in not meet- 
ing on the day appointed .for an annual meeting, the clerk 
of the said society be, and he is, hereby empowered to warn 
a meeting of the said society at some time not far distant 
from the- said last Wednesday of May. 

Whereas, the town of Jamestown has neglected to assess 
upon the inhabitants thereof their proportion of a tax 
ordered by this Assembly to be paid into the general treas- 
ury by the first day of June last past ; and thereupon the 
general treasurer issued his warrant of distraint against 
James Carr, the town treasurer of the said town of James- 
town, and his body was taken and committed to gaol : 

It is therefore voted and resolved, that the assessors of 
taxes for the said town of Jamestown be^ and they are, 
hereby empowered and directed forthwith to assess the 
said town's proportion of the said tax ; and the collector of 
taxes for the said town is hereby ordered and directed to 
collect the same, with interest thereon, from the first day 
of June last past, until it shall be paid into the general 
treasury. 

And it is further voted and resolved, that the said town 
shall have until the last Monday in October next, to collect 
and pay their proportion of the said tax into the general 
treasury, on paying interest as aforesaid ; and that upon the 
tax bill for the said tax being assessed as aforesaid, and 
returned to the general treasurer, the said town treasurer 
be liberated from the gaol upon the said warrant of distress. 

It is voted and resolved, that Edward Perry, Thomas 
Tefit, and Simeon Clarke, Jr., Esqs., three members of the 



254 RECORDS OF TH£ STATE OF RHODE ISLAND [SePT., 

town council of the town of Richmond, be, and they are, 
.hereby empowered and directed to proceed to the farm and 
lands which Abel Tanner, Esq., of Hopkinton, hath pledged 
to the state, for the money by him received, which was 
emitted in May, 1786; that they make a just appraisal of 
what the same lands, premises and appurtenances are worth 
in paper money, at par with silver and gold; that they 
return the same in writing to this Assembly, at the next 
session ; and that the same be done at the expense of the 
said Abel Tanner. 

It is voted • and resolved, that the general treasurer be, 
and he is, hereby directed to pay to the commissioner of the 
Continental loan-office in this state, towards the specie part 
of this state's quota of the requisition of Congress of Sept 
27, 1785, such certificates as ho may have received, which 
were issued by Edward Chinn, Esq., commissioner of ac- 
counts, for the sums due to the contractors in this state for 
ox teams and their conductors, employed in the campaign 
of 1781 ; and also such indents of interest as are receivable 
by the said commissioner of the loan-office on the said 
requisition. 

Whereas, Mr. Elisha Babcock, of Richmond, in the county 
of Washington, preferred a petition and represented unto 
this Assembly, that being unacquainted with the proceed- 
ings of the General Assembly, he neglected to apply in 
season for one-quarter part of the state securities which he 
holds, ordered to be paid by this Assembly ; and thereupon 
prayed this Assembly, that upon his application for the 
same, within fifteen days from the rising of this Assembly, 
he may be paid the said quarter part, in the same manner 
as others have been paid. On due consideration had of the 
premises, — 

It is voted and resolved, that the general treasurer be, 
and he is, hereby authorized and directed to pay unto the 
said Elisha Babcock the one-quarter part of those securities 
which he holds against the state, which were given for any 



1787.] AND PROVIDENCE PLANTATIONS. 255 

other purposes than consolidating the four per cent, notes 
issued by the said treasurer ; provided, the one-quarter part 
of the said securities does not exceed twenty pounds, lawful 
money. 

Whereas, divers sums of money have been tendered by 
the inhabitants of some other of the United States, to the 
inhabitants of this state, which have been lodged in the 
hilnds of some of the justices of the courts in this state, and 
paid into the general treasury, — 

It is therefore voted and resolved, that in all such cases, 
upon application being made to the general treasurer^ he 
repay the money w^hich he hath so received, to the persons 
applying for the same, upon their producing the proper 
documents. 

It is voted and resolved, that John Jenckes, Esq., be, and 
he is, hereby appointed a commissioner, with Rowse J. 
Helme, Esq., heretofore appointed to adjust the accounts of 
this state with the United States. 

It is voted and resolved, that a tax of thirty thousand 
pounds, lawful money, be assessed upon the polls and estates 
of the inhabitants of the several towns within this state ; 
and that the same be levied, collected and paid into the 
general treasury, by the 25th day of January next; and 
that an act be drawn accordingly. 

It is voted and resolved, that the Hon. Daniel Owen, 
Thomas G. Hazard, Esq., the Honorable the Speaker of the 
lower house, James Sheldon, Paul Mumford, and Rowse J. 
Helme, Esqs., be, and they are, hereby appointed a com- 
mittee to draught a letter to the Honorable the Continental 
Congress, showing the reasons why this state have not had 
a delegation at the convention at Philadelphia, and to pre- 
sent the same to this Assembly. 

It is voted and resolved, that Messrs. James Sheldon, 
Thomas Robinson, and Joseph W. Tweedy be, and they are, 
hereby appointed a committee to inquire into and make 
a thorough investigation of all the money that has been 



256 RECORDS OP THE STATE OP RHODE ISLAND [SePT., 

received by the committees who have sold the confiscated 
estates, and other money belonging to the state ; and that 
they report to this Assembly at the next session. 

An Act for collecting the first year's interest due on the 
money ordered to be emitted by this Assembly at the 
session in May. A. D. 1786. 

[For this act at length, see Schedule.] 

Whereas, a letter from His Excellency the President of 
Congress, dated the 13th of August last, hath been laid 
before this Assembly, informing that but few members of 
Congress have of late attended, and requesting a represen- 
tation of this state in Congress by their delegates ; and this 
state being disposed to comply in all respects with the arti- 
cles of confederation, so far as it is in their power ; and as 
it is expected that matters of great national importance 
will come under the consideration of the Congress to be 
convened on the first Monday of November next, — 

It is therefore voted and resolved, that two of the dele- 
gates for this state be, and they are, hereby directed to 
attend as the representatives of this state in the Congress 
of the United States, to be convened on the said first 
Monday in November next, agreeably to the articles of con- 
federation. 

It is further voted and resolved, that His Excellency the 
Governor be requested to answer the said letter, and to 
inform His Excellency the President of Congress of the 
measures taken by this Assembly for having this state duly 
represented in the Congress to meet on the said first Mon- 
day in November next ; that they have not given orders for 
their delegates' going forward previous to that time, under 
an apprehension that the states will not be generally repre- 
sented until the meeting of Congress for the next year, and 
that the more important matters of the Union will not be 
acted upon by Congress until that time ; and assuring His 



1787.] AND PROVIDENCE PLANTATIONS. 257 

Excellency the President of Congress, that it is the desire 
and intention of this state to do everything in their power 
for promoting the great objects of the confederacy, the gen- 
eral welfare and happiness of the whole. 

It is voted and resolved, that the » commissioners for set- 
tling the public accounts be, and they are, hereby directed, 
by notifications in the newspapers of this state, to call upon 
all persons who have been employed under the authority of 
this state in any of the military departments, and w^ho have 
accounts unsettled, to present the same immediately for 
payment ; and also upon all persons who are possessed of 
any papers or documents which may be necessary as vouch- 
ers, to transmit them as soon as may be to the said commis- 
sioners. 

It is voted and resolved, that the tax of thirt}^ thousand 
pounds, lawful money, ordered to be assessed at the present 
session of this Assembly, be proportioned to the several 
towns in the same proportion as the last tax was. 

It is voted and resolved, that the Morocco signals be 
lodged with the intendants of trade ; and that they fix up 
in a conspicuous place in their offices that they have the 
said signals, that any masters of vessels wanting the same 
may have them. 

It is voted and resolved, that the resolution of Congress 
of the 23d day of July, A. D. 1787, respecting the settle- 
* ment of unliquidated claims against the United States, be 
published in the newspapers of this state. 

Be it enacted by this General Assembly, and by the 
authority thereof it is enacted, that the treaty of peace 
entered into between the United States of America and His 
Britannic Majesty, is fully binding upon all the citizens of 
this state as a law of the land, and is not in any respect to 
be receded from, misconstrued or violated. 

It is voted and resolved, that the attorney general inquire 
into the arrearages 6f all the taxes due to this state, and 
what money or deeds and bonds are iu the hands of trustees; 

VOL. X. 88 



258 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

and that he prosecute the delinquents for the recovery of 
the same, consonant to law. 

An Act for granting and apportioning a tax of thirty 
thousand pounds, lawful money, upon the inhabitants of 
this state. 

[For this act at length, see Schedule. 

Whereas, the committee appointed at the present session 
to draught a letter to His Excellency the President of Con- 
gress, reported a letter, agreeably to their appointment; 
which being duly considered, — 

It is voted and resolved, that the said draught of a letter 
be, and the same is, hereby approved ; that the secretary 
make a fair copy thereof; and that the same be signed by 
His Excellency the Governor, and transmitted to His Excel- 
lency the President of Congress. 

The Governor of Rhode Island to the President of Congress. 

State of Rhode Island, &c. > 

In General Assembly, Sept. 15, 1787. \ 
To the President of Congress. 

Sir : — Permit the legislature of this state to address you on a subject which has 
engaged the attention of the confederated Union ; the singularity of our not sending 
forward to the convention at Philadelphia delegates to represeiit us there, agreeably 
to a resolution of Congress, passed the 21st of February, A. D. 1787, for the purpose 
of revising the articles of confederation. 

Our conduct has been reprobated by the illiberal, and many severe and unjust sar- 
casms propagated against us ; but, sir, when we state to you the reason, and evince 
the cause, the liberal mind will be convinced that we were actuated by that great 
principle which hath ever been the characteristic of this state, — the love of true con- 
gtitutional liberty, and the fear we have of making innovations on the rights and 
liberties of tlie citizens at large. Our conduct during the late trying contest, has 
shown forth conspicuous, that it was not from sinister motives but to prevade over the 
whole. And we presume, sir, that we shall be enabled to fix the same sentiments 
now. 

Your honorable body informed us that the powers invested in Congress for the 
regulation of trade were not sufficient for the purpose of the great national regulations 
requisite ; we granted you by an act of our state the whole and sole power of making 
such laws as would be effectual, for that purpose. Oth^ states not passing similar 
laws, it had no effect. An impost was likewise granted ; but other states in the Union 
not acceding thereto, that measure has proved abortive. 



1787.] 



AND PROVIDENCE PLANTATIONS. 259 



The requisition of the 21st of February last hath not been acceded to, because we 
conceived that, as a legislative body, wc could not appoint delegates to do that which 
only the people at large are entitled to do. By a law of our state, the delegates in 
Congress are chosen by the suffrages of all the freemen therein, and are appointed to 
represent them in Congress ; and for the legislative body to have appointed delegates 
to represent them in convention, when they cannot appoint delegates in Congress, 
(unless upon their death or other incident matter,) must be absurd; as that delega- 
tion in convention is for the express purpose of altering n constitution, which the 
people at large are only capable of appointing the members. 

By the 18lh article in the confederation, "every state shall abide by the determina- 
tions of the United States in Congress assembled, on all questions which by this con- 
federation are submitted to them. And the articles of this confederation shall be 
inviolably observed by every state, and the Union shall be perpetual ; nor shall any 
alteration at any time be made in any of them, unless such alteration be agreed to in 
a Congress of the United States, and be afterwards confirmed by the legislatures of 
ever>' state.'' As the freemen at large here have the power of electing delegates to 
represent them in the Congress, we could not consistently appoint delegates in a con- 
vention which might be the means of dissolving the Congress of the Union, and 
having a Congress without a confederation. 

You will impute it, sir, to our being diflSdent of power, and an apprehension of dis- 
solving a compact which was framed by the wisdom of men who gloried in being 
instrumental in preserving the religious and civil rights of a multitude of people, and 
an almost unbounded territory, that said requisition hath not been complied with ; 
and fearing, when the compact should once be broken, we must all be lost in a com- 
mon ruin. 

We shall ever esteem it a pleasure to join with our sister states in being instru- 
mental in whatever may be advantageous to the Union, and add strength and perma- 
nence thereto, upon constitutional principles. 

We are, sir, with every sentiment of respect. 

Your very obedient servants. 
Signed at the request of the General Assembly. 

JOHN COLLINS, Governor. 



Upon which draft of a letter the following protest is 
entered, to wit : 

Protest of several Deputies agcdnsi the Letter to the Presideiii of 

the Congress of the United States. 

We, the subscribers, beg leave to protest against the report of a letter to the Presi- 
dent of Congress, assigning the reasons for the legislature of this state's refusing to 
send members to the convention at Philadelphia, for revising the articles of confedera- 
tion, &c., for the following reasons : 

First. For that it has never been thought heretofore by the legislature of this 
state, or while it was a colony, inconsistent with, or any innovation upon, the rights 
and liberties of the citizens of this state, to concur with the sister states or colonies in 
appointing members or delegates to any convention proposed for the general benefit ; 
but with the highest approbation of the good citizens of this state, and while a colony, 
the legislature have at various times agreed to conventions with the sister states and 



260 RECORDS OF THE STATE OF RHODE ISLAND [SePT,, 

coloDies, and found their interest greatly serred thereby; that to the Congress ap- 
pointed in the beginning of the late arduous struggle with Great Britain, the members 
sent from this then colony were appointed with the fullest powers for carrying on a 
defensive war with, and finally for declaring these states independent of, Great Britain, 
and for forming articles of confederation ; both which glorious events were received 
and confirmed by the legislature of this state, with the loudest acclamations of the 
people at large. 

Secondly. That the powers mentioned in the said letter to have been vested in 
Congress, for .the regulating trade, were granted by the legislature of this state, 
as also finally granting the impost ; which is inconsistent with the ideas contained 
in the said letter, that such powers were not in the legislature, but in the people at 
large. 

Thirdly. That by the articles of confederation, which hath been part of the consti- 
tution of the state, it is expressly provided, that when any alteration is made in the 
articles of confederation, it shall be agreed to in a Congress of the United States, and 
be Hfterwards confirmed by the legislatures of every state, which is plainly expressive 
that this power is in the legislature only. 

Fourthly. As by the article's of confederation the appointment of delegates in Con- 
gress is declared to be by the legislatures of the several states, in such manner as the 
legislatures of each state shall direct; that therefore, as the power of appointing dele - 
gates did begin, and was continued, in the legislature of this state for several years, 
and until by act of the same legislature the election of delegates to Congress wai com- 
mitted to the people at large ; and as the General Assembly still, on the death or 
resignation of any of the delegates of this state, or on the recall of any delegate or 
delegates, do exercise the power of appointing others in their stead ; and do, by a law 
they have enacted, prevent their delegates from proceeding to Congress until special 
order or direction from the legislature ; so it is certain the legislature had constitu- 
tionally the power of sending delegates to Congress. And to presume they have not 
power to send members to a proposed convention, recommended by Congress, and 
under the invitations of their sister states, must be inconsistent with those powers 
which all legislatures must be presumed to possess, for the preservation of the rights, 
liberties and privileges of the people, inconsistent with the most common apprehen- 
sion ; and that a contrary supposition is most absurd. 

Fifthly. As it would have been our highest honor and interest to have complied 
with the tender invitations of our sister states, and of Congress, so our non-compliance 
hath been our highest imprudence ; and therefore it would have been more consistent 
with our honor and dignity to have lamented our mistake, and decently apologi^d 
for our errors, than to have endeavored to support them on ill-founded reasons, and 
indefensible principles. 

For these and other reasons which might have been adduced, had we not been 
expressly limited to one hour for making our protest, we dissent from the reasons 
suggested in the said letter. HENRY MARCHANT, 

GEORGE CHAMPLIN, 
JOHN TOPHAM, 
DANIEL MASON, 
WILLIAM TRIPP, 

Deputies for the town of Newport. 

JOHN BROWN, 
WELCOME ARNOLD, 
BENJAMIN BOURNE, 
JOSEPH NIGHTINGALE, 

Deputies for the town of Providence. 



1787.] AND PROVIDENCE PLANTATIOKa 261 

It is voted and resolved, that the Hon. James Manning, 
James M. Vamum, Nathan Miller and Peleg Arnold, Esqs., 
who have received money out of the general treasury as 
delegates for this state in Congress, lay their accounts before 
this Assembly at the next session, that they may account 
for the money so received. 

It is voted and resolved, that James M. Varnum, Esq., be, 
and he is, hereby empowered to draw one hundred and fifty 
pounds, lawful money, out of the general treasury, to be 
accounted for in his account for revising the state laws. 

God save the United States of America. 

The President of Congress to the Governor of Rhode Island. 

New York, August 18, 1787. 

Sir: — The want of a due representation in Conorress, so frequently as it has hap- 
pened, and for so great a length of time together, has very greatly embarrassed the 
afl&irs of the Union, and given much dissatisfaction to the states which generally 
keep their representation up, as well as disgust to the members who attend from those 
states. It has very often been complained of, and the states not represented pressed 
to send their delegates forward : too often, I am sorry to be obliged to observe, sir, 
with very little effect; although it roust be obvious that, independent of the great 
national concerns, which thereby often suffer an inconvenient, at least, if not a dis- 
graceful delay, their own particular interests rnn some risk from public measures being 
adopted without the aid of their counsels. 

What, sir, must the nations of the world think of us, when they shall be informed 
that we have appointed an Assembly, and invested it with the sole and exclusive 
power of peace and war, and the management of all national concerns, and during the 
course of almost a whole year it has not been capable, except for a few days, for want 
of a sufficient number of members, to attend to these matters. Since the first Monday 
in November last to this time, there has been a representation of nine states only 
thirty days ; and ten states only three days. And as the representation of most of 
the states has consisted of only two persons, no great business could be donfe without 
the unanimous consent of every individual member. 

We are now, sir, reduced to six, although matters of the highest importance are 
pressing for a decision, and cannot be long delayed without committing the dignity of 
the government, and exposing the peace and safety of several of the states. Besides, 
sir, the national convention, which the people look up to for much good, will soon 
rise, and it appears to be of great consequence that, when their report comes under 
the consideration of Congress, it should be a full Congress, and the important business 
which will be laid before them meet with no nnnecessary delay. 

The secretary wrote, not long ago, to the unrepresented states, but no effect has yet 
appeared to follow from it; I must therefore again repeat the request, and in the most 
pressing terms, that Your Excellency will use every means in your power to hasten 
forward the delegates of your state. 

With great respect and esteem, I have the honor to be, sir. 

Your most obedient and very humble servant, 

A. ST. CLAIRE, President of Congress. 



262 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 



Proceedhigs of the General Assembh/ of the State of Rhode 
Island and Providence PlaniationSy at South Kingstoimj on the 
last Monday in October ^ 1787. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Au Act to prcTent the slave trade, and to encourage tlie abolition of slavery. 

Whereas, the trade to Africa for slaves, and the transportation and selling of them 
into other countries, is inconsistent with justice, and the principles of humanity, as 
well as the laws of nature, and that more enlightened and civilized sense of freedom 
which has of late prevailed : and whereas, the General Congress of the United States, 
in the year 1774, taking the said trade into consideration, agreed and resolved aa 
follows : " That we will neither import, nor purchase any slaves imported after the 
first day of December next ; after which time we will wholly discontinue the slave 
trade, and will neither be concerned in it ourselves, nor will we hire our vessels or 
sell our commodities or manufactures to those that are : " Nevertheless, forgetful of 
the danger which then impended, and inattentive to the principles of justice and 
sound policy manifested in the aforesaid resolution, a renewal of the African trade for 
slaves has been entered into by divers inhabitants of this state : For the prevention 
whereof, — 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that no citizen of this state, or other person residing within the 8ame,^hall, for him- 
self or any other person whatsoever, either as master, factor, or owner of any vessel, 
directly or indirectly import or transport, buy or sell, or receive on board their vessel 
with intent to cause to be imported or transported from their native country, any of 
the natives or inhabitants of any state or kingdom in that part of the world called 
Africa, as slaves, or without their voluntary consent. 

And be it further enacted by the authority aforesaid, that every citizen, inhabitant, 
or resident, as aforesaid, who shall import or transport, or cause to be imported or 
transported, any of the said inhabitants of Africa, contrary to the true intent and 
meaning of this act, and be thereof lawfully convicted, shall forfeit the sum of one 
hundred pounds, lawful money, for every person by him or tliem so imported or 
transported ; and the sum of one thousand pounds for every vessel by him or them 
employed in the importation or transportation aforesaid, to be recovered by bill, com- 
plaint, or information before the superior court, or either of the inferior courts within 
this state ; the one moiety whereof shall be paid into the general treasury for the use 
of this state, the other moiety to and for the use of the penon or peraons who shall 
prosecute for and recover the same. 

Provided, nevertheless, that this act do not extend to vessels which have already 
sailed, their owners, factors, or commanders, for and during their present voyage. 



1787.] AND PROVIDENCE PLANTATIONS. 263 

Whereas, this Assembly at the last session passed the fol- 
lowing resolve : 

"It is voted and resolved, that Edward Perry, Thomas 
Teflft, and Simeon Clark, Jr., Esqs., three members of the ' 
town council of the town of Richmond, be, and they are, 
hereby empowered and directed to proceed to the farm and 
land which Abel Tanner, Esq., of Hopkinton, hath pledged 
to this state for the money by him received, which was 
emitted in May, A. D. 1786 ; that they make a just appraisal 
of what the same lands, premises and appurtenances are 
worth in paper money at par with silver and gold, and 
return the same in writing to this Assembly at the next 
session ; and that the same be at the expense of the said 
Abel Tanner." 

And whereas, the said committee have neglected to make 
a return to this Assembly of the value of the same lands, 
agreeably to said resolve ; and as it is of importance to this 
state that the appraisal of the said lands should be made 
according to the resolve aforesaid, — 

It is therefore voted and resolved, that Abraham Whip- 
ple and Andrew Waterman, Esqs., together with Edward 
Perry, Esq., one of the former committee, forthwith repair 
upon the premises aforesaid, and estimate the same, agreea- 
bly to the said resolve, and make report to this Assembly 
at the present session ; and that the said Abel Tanner be at 
the expense thereof 

An Act for the more eflfectually punishing persons who shall 
be convicted of larcenies, and for preventing of thefts. 

[For the above act at length, see Schedule.] 

An Act for the more impartial election of all officers chosen bj the freemen in the 

respective towns within this state. 

Whereas, it frequently happens in the choice of officers within the towns in this 
state, that the moderator of the meeting puts up the person nominated for the suffrages 
of the fireenien, by the sign of holding up hands ; whereby persons are frequently 
appointed to offices, who would not be appointed if the suffrages of the people were 
taken by ballot ; wherefore. 



264 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

Be it enacted by this General Assembj, and by the authority thereof it is hereby 
enacted, that when and so often as the freemen of any of the towns within this state 
shall convene in meeting, for the choice of any representation, or delegating any 
power of the freemen to any one or more delegate, or the choice of any officers what- 
ever, that if any freeman shall demand that sach choice shall be made by ballot, or a 
vote in writing, and is seconded by one or more freemen, that the suffrages of the 
freemen shall be taken by ballot, or a vote in writing, and the person presiding at 
such choice shall take the suffrages by ballot as aforesaid. And any person or persons 
elected otherwise than by ballot, when the same is demanded by one freeman and 
seconded by one more, shall be void ; and he or they so elected shall be incapable of 
acting in his or their office ; any law, custom or usage to the contrary notwith- 
standing. 



An Act for the more effectually collecting and paying into the general treasury the 
taxes which have already been assessed and those which shall hereafter be 
assessed upon the individuals of this state. 

Whereas, it hath become customary, upon the general treasurer's issuing his war- 
rant of distress against the town treasurer of a delinquent town, for deficiencies of 
such town's quota of the tax, and the sheriff's committing such town treasurer to the 
gaol, that such town treasurer commences an action against the collector of taxes and 
his sureties, and thereupon quits his confinement, and frequently returns his execu- 
tion against thp collector and delays the collection of the money, whereby the general 
treasury is not supplied with mone}', agreeably to the acts of this Assembly : 

Be it therefore enacted by this General Assembly, and by the authority thereof 
it is hereby enacted, that where any town treasurers have been committed to gaol in 
any of the counties of this state, by virtue of a warrant of distress from the general 
treasurer for the deficiencies of such town's quota of any tax or assessment, and hath 
left his confinement without paying the deficiency or being legally discharged, that 
the sheriffs of the respective counties forthwith retake and recommit such town treas- 
urer who hath made escape, to remain in gaol until legally discharged. 

And be it further enacted by the authority aforesaid, that when and so often as it 
shall happen that the town treasurer of any town within this state shall be'committed, 
to gaol upon a warrant of distress issuing from the general treasurer for the deficiency 
of such town's quota of any assessment made upon them, that he shall stand commit- 
ted to such gaol until the whole of such town's assessment shall be paid, agreeably t6 
such warrant of distress, or he be legally discharged therefrom ; although such town 
treasury shall commence an action against the collector and his sureties ; any law 
custom or usage to the contrary notwithstanding. 

It is voted and resolved, that Thomas Joslyn, Esq., be, and 
he is, hereby appointed a committee-man to inquire into the 
expenditure of the public money, respecting conBscated 
estates and other confiscations, in the room of Thomas Rob- 
inson, Esq., who declines. 

Whereas, the committee appointed at the present session 
to appraise the lands of Abel Tanner, Esq., presented unto 
this Assembly the following report, to wit : 



1787.] AND PROVIDENCE PLANTATIONS. 265 



Report of the Committee appointed hy the General Assembly 

to appraise the lands of Abel Tanner. 

In obedience to the within appointment, we have repaired to the lands of Abel Tan- 
ner, Esq., in Hopkinton, and have yiewed the same, and upon mature deliberation 
had thereon, do appraise the same to be worth one thousand and twenty pounds, 
lawful money, at the time the act of the General Assembly took place in June, 1786, 

and report the same accordingly. 

ABRAHAM WHIPPLE, 

ANDREW WATERMAN, 

EDWARD PERRY, 

Committee. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; that the said Abel Tanner pledge the said lands 
for the sum of five hundred and ten pounds, lawful money, 
that for the remainder of the money in his hands, being one 
hundred and ninety pounds, he pledge other lands which 
shall be double in value, agreeably to the emitting act, in 
the estimation of the said Edward Perry ; that the same be 
done within ten days from the rising .of this Assembly ; 
that the deeds and bonds bear date at the usual time of 
loaning out the said money, agreeably to the emitting act ; 
and that the said deeds and bonds shall have the same force 
and efficacy in the law as though such deeds and bonds 
were actually delivered at the time they shall bear date. 
Done at the request and by the agreement of the said Abel 
Tanner in this Assembly this day. 

It is voted and resolved, that the report of the conven- 
tion, lately held at Philadelphia, proposing a new constitu- 
tion for the United States of America, be printed as soon as 
may be ; that the following number of copies be sent to the 
several town clerks in the state, to be distributed among 
the inhabitants, that the freemen may have an opportunity 
of forming their sentiments of the proposed constitution, 
to wit : 

VOL. X. 84 



266 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

Newport 10 North Providence 20 

Portsmouth.... 25 Westerly 81 

Middletown 15 North Kingstown 50 

New Shoreham 15 Soutl^ Kingstown 100 

Jamestown 16 Charlestown 26 

Tiverton 40 Richmond 25 

Little Compton -86 Exeter 81 

Providence i 10 Hopkinton 80 

Smithfleld 75 Bristol 20 

Scituate. 55 Warren 10 

Foster 55 Harrington 10 

Glocester ^ 60 Warwick 66 

Cumberland 40 East Greenwich 25 

Cranston 60 West Greenwich 22 

Johnston 80 Coventry 80 

Resolved, that each and every person who was or is pos- 
sessed of any of the notes issued by the general treasurer 
of this state carrying an interest of six per centum per 
annum, saving and excepting the notes issued for the re- 
demption of the four per centum notes, apply to the said 
treasurer for one quarter part of the amount of said notes, 
ordered to be paid at June session last, within two months 
from the rising of this Assembly, for the said quarter part ; 
that all those who shall neglect to make application as afore- 
said, shall forever i^fter the expiration of the said time, be 
precluded from receiving the same ; and thiat the same shall 
be forfeited to and for the use of this state. 

Whereas, divers of the inhabitants of the town of Smith- 
field preferred a petition and represented unto this Assembly, 
that the bridge over Pawtucket river at Woonsocket falls 
was formerly built by a lottery at great expense; that 
many years past the said bridge was greatly damaged by 
the floods, and is now in such a decayed state that there 
must of necessity be a new bridge built ; and that the -per- 
sons who have the care of the said bridge, on examination, 
find that a bridge may be built a few rods down stream 
more convenient for the public and entirely safe against 
floods ; and thereupon they prayed this Assembly to grant 
them a lottery to raise the sum of nine hundred pounds, 
lawful money, for the purpose of building the said bridge ; 



1787.] AND PROVIDENCE PLANTATIONS. 267 

and that John Sayles and Elisha Bartlett, Esqs., and Messrs. 
Thomas Aldrich, Daniel Arnold, and John Pain may be 
the directors thereof; and the premises being duly consid- 
ered, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted, the directors giving 
bond to the general treasurer in double the sum of the 
amount of the said lottery, for the faithful performance of 
their trust 

God save the United States of America. 



Proceedings of the General Assemhh/ of the State of Rhode 
Island and Providence Plantations^ at Providence^ on the last 
Monday in February^ 1788. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that Capt. Thomas Arnold be, 
and he is, hereby empowered to draw the sum of two hun- 
dred and sixteen pounds, lawful money, out of the general 
treasury, on account of his pension as an invalid ; and that 
he account therefor. 

Whereas, Mr. Elisha Potter, of Richmond, in the county 
of Washington, preferred a petition and represented unto 
this Assembly^ that he mortgaged a tract of land in said 
Richmond to the state for about ninety pounds, lawful 
money, since 'which he has sold the said land and obliged 
himself to discharge the said mortgage ; and thereupon he 
prayed this Assembly, that upon his mortgaging other land 
of sufficient value in lieu thereof, and giving bonds to the 



268 RECORDS OF THE STATE OF RHODE ISLAND [PeB., 

general treasurer for the interest unpaid ; and also giving 
bonds to the keeper of the grand committee's office for the 
whole of the principal, that the general treasurer and the 
keeper of the grand committee's office may be directed, 
upon their receipt of such deed and bonds, to deliver up the 
former deed and bonds, and to discharge the same ; and the 
premises being duly considered,— 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the new 
mortgage be made on the same principles, and the land be 
valued in the same manner and by the same persons as 
those first pledged ; and that the expense attending the 
said valuation and execution of the new mortgage be paid 
by the said Elisha Potter. 

It is voted and resolved, that the petition of the society 
called Quakers, praying for a repeal or amendment of the 
act making the paper currency of the state a lawful tender, 
and of the act limiting the bringing of personal actions to 
two years, be, and the same is, hereby referred to the next 
session. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to receive of the keeper of the 
Continental loan-office the indents for the interest payable 
on the certificates belonging to this state. 

Whereas, Mr. Henry Littlefield, of Exeter, preferred a 
petition and represented unto this Assembly, that in Decem- 
ber last, his dwelling house in said Exeter took fire, and was 
entirely consumed, together with his household furniture, 
clothing, papers and money, to a greater amount than he 
can with certainty recollect ; but that with entire certainty 
he recollects to have lost by the said melancholy accident 
the sum of one hundred and twenty-five pounds, in the 
paper emission of this state ; and thereupon he prayed this 
Assembly to direct the general treasurer to pay to him the 
said sum of money. 



1788.] AND PROVIDENCE PLANTATIONS. 269 

And whereas, the said Henry Littlefield personally ap- 
peared before this Assembly, and being duly sworn, made 
solemn oath that the facts set forth in the said petition are 
strictly true, — 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby directed to pay unto the said 
Henry Littlefield, out of the unloaned money in his office, 
the sum of one hundred and twenty-five pounds, lawful 
money, in lieu of that sum which was burnt in his house. 

Whereas, divers commissions for officers heretofore ap- 
pointed by this Assembly have not been issued ; and the 
secretary hath prepared the same with the expectation that 
His Excellency the Governor would be present at this ses- 
sion and sign them ; but he being prevented by indisposi- 
tion from ajitending, the said commissions cannot imme- 
diately issue ; and as it is expedient that they be sent for- 
ward as soon as may be, — 

It is therefore voted and resolved, that His Honor the 
Deputy Governor be, and he is, hereby empowered and 
requested to sign the same ; which shall thereupon be valid 
to all intents .and purposes as if signed by His Excellency 
the Governor; and that His Honor the Deputy Governor 
be allowed the lawful fees for signing the same. 

It is voted and resolved, that Jabez Pratt, an invalid, late 
a soldier in the Continental army, and who is entitled to a 
pension, agreeably to a resolution of Congress, be, and he 
is, hereby allowed to receive out of the general treasury, 
the sum of forty pounds, lawful money, to be accounted for 
by him towards his pension as an invalid; and that the 
general treasurer do not pay unto the said Jabez Pratt any 
further sum as an invalid until the further orders of this 
Assembly. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to pay unto Bristol Rhodes, an 
invalid, late a soldier in the Continental army, and who is 
entitled to a pension agreeably to a resolution of Congress, 



270 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

the sum of forty pounds, lawful money, to be accounted for 
by him towards his pension as an invalid; and that the 
general treasurer do not pay unto the said Bristol Rhodes 
any further sum as an invalid until the further orders of 
this Assembly. 

It is voted and resolved, that George Peirce, Esq., be, and 
he is, hereby empowered, (by and with the consent of Rich- 
ard Sephton, an invalid,) to receive out of the general 
treasury the sum of forty pounds, lawful money, to and 
for the use of the said Richard Sephton, to be accounted 
for by him in the settlement of his pension as an invalid; 
and that the general treasurer be, and he is, hereby directed 
not to pay to the said Richard Sephton any further sum as 
an invalid, until the further orders of this Assembly. 

It is voted and resolved, that Matthew Hanley, late a 
soldier in the Continental army, and who is entitled to a 
pension agreeably to a resolution of Congress, be, and he is^ 
hereby allowed to receive out of the general treasury the 
sum of forty pounds, lawful money, to be accounted for by 
him towards his pension as an invalid ; and that the general 
treasurer do not pay unto the said Matthew Hanley any 
furthey sum as an invalid, until the further orders of this 
Assembly. 

It is voted and resolved, that Mr. William Hall, one of the 
town council of the town of Portsmouth, be, and he is, here- 
by empowered to receive out of the general treasury forty 
pounds, lawful money, for the support of John Slocum, an 
invalid, who is entitled to a pension agreeably to a resolu- 
tion of Congress ; to be accounted for in the settlement of 
the said invalid's pension ; and that the general treasurer 
do not pay unto the said John Slocum any further sum as 
an invalid, until the further orders of this Assembly. 

It is voted and resolved, that John Anthony, an invalid, 
late a soldier in the Continental army, and who is entitled 
to a pension agreeably to a resolution of Congress,'be, and 
he is, hereby empowered to receive out of the general treas- 



1788.] AND PROVIDENCE PLANTATIONS. 271 

ury the sum of forty pounds, lawful money, to be accounted 
for by him towards his pension as an invalid ; and that the 
general treasurer do not pay unto the said John Anthony 
any further sum as an invalid, until the further orders of 
this Assembly. 

It is voted and resolved, that forty pounds, lawful money, 
be allowed and paid out of the general treasury to Mr. 
John Smith, an enrolled invalid in this state, upon account 
of his pension ; and that no more be paid him, upon that 
account, until further orders from this Assembly. 

It is voted and resolved, that one hundred pounds, lawful 
money, be allowed and paid out of the general treasury to 
Major Daniel Box, an enrolled invalid in this state, on 
account of his pension; and that nothing more be paid 
him, on that account, until further orders from this As- 
sembly. 

It is voted and resolved, that thirty-five pounds, lawful 
money, be allowed and paid out of the general treasury to 
Mr. Briton Saltonstall, an enrolled invalid in this state, on 
account of his pension; and that nothing more be paid 
him, upon that account, until further orders from this As- 
sembly. 



An Act submitting to the consideration of the freemen of this state, the report of the 
convention of delegates for a Constitution for the United States, as agreed on in 
Philadelphia, the 17th of September, A. D. 1787. 

Whereas, the Honorable the Continental Congress did heretofore recommend to the 
legislatures of the respective states, to appoint delegates to meet in convention, at 
Philadelphia, in May, A. D. 1787, to make such alterations and amendments in the 
present confederation of the United States as would tend to promote the happiness, 
good government and welfare of the federal Union ; and whereas, the said delegates, 
on the 17th day oi September, 1787, did agree upon, and report to the Congress of the 
United States, a form of a Constitution for the United States of America; and whereas, 
the said United States in Congress assembled, did, by a resolution passed the 28th day 
of September, A. D. 1787, transmit said report to the legislature of this state, to be 
submitted to the consideration of the people thereof; and whereas, this legislative 
body, in General Assembly convened, conceiving themselves representatives of the 
great body of the people at large, and that they cannot make any innovation in a Con> 
Btitution which has been agreed upon, and the compact settled between the governors 
and governed, without the express consent of the freemen at large, by their own 
voices individually taken in town meetings assembled : wherefore, for the purpose 



272 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

aforesaid, and for submitting the said Constitution for the United States to the consid- 
eration of the freemen of this state, — 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the fourth Monday in March instant be, and the same is, hereby appoint- 
ed the day for all the freemen and freeholders within this state, to convene in their 
respective towns, in town meetings assembled, and to deliberate upon and determine, 
each individual, (who hath a right by law to vote fur the choice of general officers,) 
by himself, by poll, whether the said Constitution for the United States shall be 
adopted or negatived. 

And be it further enacted by the authority aforesaid, that the town clerks in the 
respective towns shall forthwith issue their warrants for the convening of the freemen 
and freeholders, to meet on said fourth Monday of March instant, at such place where 
the town meetings are usually holden. And the same shall be directed to the town 
sergeants and constables of the respective towns, who shall cause notifications to be 
set up in the most public places of resort within such towns ; and shall also repair to 
the usual place of abode of the freemen and freeholders in such town, and give them 
notice of the meeting aforesaid, for tlie purpose aforesaid. The said town sergeants, 
and constables to have particular districts pointed out to them, to warn the freemen 
and freeholders, so as not to interfere with each other's district, that all the freemen 
and freeholders may, if possible, have notice and attend accordingly. And upon the 
convention of said freemen, they shall appoint a moderator, who shall regulate such 
meeting ; and the voices of the freemen and freeholders shall be taken by yeas and 
nays, and the town clerk of each town shall register the name of each and every free- 
man and freeholder, with the yea or nay, as he shall. respectively give his voice aloud, 
in open town meeting, and shall keep the original in his office, and shall make out a 
true and fair certified copy of the register aforesaid, with the yeas and nays of each 
and every person thereon, and carefully seal the same up, and direct it to the General 
Assembly, to be holden by a(yournnient at East Greenwich, in the county of Kent, 
on the last Monday of March instant, and deliver the same to one of the representa- 
tives of such town, or other careful person, who will take charge of the same, to be 
delivered to the said General Assembly, then and there to be opened, that the senti- 
ments of the people may be known respecting the same. 

And it is further enacted by the authority aforesaid, that in case it shall so happen 
that the said fourth Monday of March, instant, shall prove to be stormy or boisterous 
weather, so that the freemen and freeholders in general cannot conveniently attend, 
the said town meeting may adjourn, from day to day, not exceeding three days, so 
that the voices of the people may be taken. 

And it is further enacted by the authority aforesaid, that the secretary shall forth- 
with transmit to each town clerk of the respective towns within this state a copy of 
this act. 

It is voted and resolved, that Col. Jeremiah Olney be 
empowered to draw the sum of fifty pounds, lawful monej^, 
out of the general treasury, for the use of Prince Jenckes, 
an enrolled invalid in this state, upon account of his pen- 
sion ; and that nothing more be paid the said invalid upon 
that account until further orders from this Assembly. 

It is voted and resolved, that George Bradford and Peter 
Barrow, two enrolled invalids in this state, be severally em- 



1788.] AND^ PROVIDENCE PLANTATIONS. 273 

powered to draw forty pounds, lawful money, out of the gen- 
eral treasury, on account of their pensions ; and that the 
general treasurer pay no more to either of them on that 
account, without further orders from this Assembly. 

It is voted and resolved, that Peleg Arnold and Jonathan 
J. Hazard, Esqs., two of the delegates to represent this state 
in the Congress of the United States, be, and they are, here- 
by requested to take their seats in Congress as soon as may 
be; and that they . severally be empowered to draw the 
sum of three hundred pounds, lawful money, out of the 
general treasury, for that purpose ; to be accounted for in 
the settlement of their accounts. 

It is voted and resolved, that all persons holding the notes 
of this state, signed by the general treasurer thereof, and 
of which two fourth parts have been by law directed to be 
paid, apply to the said general treasurer on or before the 
tenth day of May next, for a third quarter part of the 
amount of the said notes, and interest thereon ; which the 
said treasurer is hereby directed to pay accordingly. 

And it is further voted and resolved, that the holders of 
such notes as aforesaid, who shall not apply and receive the 
said third quarter part as aforesaid, shall forever thereafter 
be excluded from receiving it ; and the same shall be for- 
feited to and for the use of this state. 

God save the United States of America. 

YOL. X. 85 



274 RECORDS OP THE STATE OP RHODE ISLAND [MaROH, 



Proceedings of the General Azseinhly of the State of RJmde 
Island and Providence Plantaiimn^ at East Greemvich^ on the 
last Monday in March^ 1788. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

■ 

Whereas, the general treasurer informed this Assembly 
that, pursuant to an order made at the last session, he had 
waited upon William EUery, Esq., keeper of the Continental 
loan-office in this state, to make payment of the indents, 
teamsters' and invalids' certificates received into the general 
treasury in payment of Continental taxes, who told him 
that he could not reqeive the invalids' certificates, nor any 
of the teamsters' certificates, but those issued by Edward 
Chinn, Esq., and that by reason thereof he did not make 
any payment, — 

It is therefore voted and resolved, that Henry Sherburne 
and George Champlin, Esqs., be, and they are, hereby ap- 
pointed a committee to ascertain the amount of the requi- 
sitions of Congress against this state that remain undis- 
charged, to the payment whereof the said indents and 
certificates may be applied ; that they confer with the said 
William Ellery, and learn what obstructs their reception ; 
and that they make report to this Assembly at the next 
session. 

It is voted and resolved, that the statute of limitation of 
this state, barring all actions upon notes and book debts 
which are not demanded within two years from the time of 
passing the said statute, be, and the same is, hereby re- 
pealed. 

And it is further voted and resolved, that Henry Mar- 
chant and Benjamin Bourne, Esqs., bej and they are, hereby 



1788.] 



AND^ PROVIDENCE PLANTATIONS. 



275 



appointed a committee to prepare a bill for reviving the 
former statute of limitations. 

Whereas, the following list and report were presented 
unto this Assembly, to wit : 

Report of the Committee appointed by the General Assenihlf/ 
relative to accepting the new Conditidion of the United States. 



^wnn. Yeas* Nays. 

Newport 1 . . . . 10 

Providence . . » . . . . 1 

Warwick 3 .... 140 

Portemouth 12 .... 60 

Westerly : 12 .... 66 

South Kingstown ... 3 .... 125 

New Shoreham . . . 82 

North Kingstown 2 160 

East Greenwich 2 91 

Jamestown » 5.... 11 

Smithfieki 2 .... 158 

Scituate 166 

Glocester. 9 228 

Coventry 180 

West Greenwich 2 . . . . 145 

Charlestown 6 . . . . 61 



Towns. Yeas Nays. 

Exeter 6 186 

Bristol 26 .... 23 

Tiverton .* 23 .... 92 

Little Comptou 68 67 

Warren 2 .... 41 

Cumberiand ; 10 .... 118 

Richmond 1 .... 68 

Hopkinton 88 .... 96 

Johnston 1 . . . . 79 

Cranston .... 101 

Middletown 6 .... 40 

North Providence . . . . 48 

Barrington 9 . . . . 84 

Foster 177 

237 2,708 



We, the subscribers, being appointed a committee to examine the votes given by 
the freemen of this state, agreeably to an act of the General Assembly, passed at the 
in St session, upon the question, whether the new proposed Constitution for the United 
States be adopted by this state or not, beg leave to report, that we have examined 
the yeas and nays, and find the number of yeas to be two hundred and thirty-seven, 
and the number of nays two thousand seven hundred and eight; so that Uiere is a 
m^ority of two thousand four hundred and seventy -one nays. 

THOMAS DURFEE, 
JOHN SAYLES, 
JAMES SHELDON, 
SHEARJASHUB BOURNE, 
GIDEON ARNOLD, 

Committee. 

Which being duly considered, — • 

It is voted and resolved, that the said report be, and the 
same is, hereby accepted ; and that His Honor the Deputy 
Governor, Jonathan J. Hazard, Thomas Joslyn, and Rowse 
J. Helme be appointed a committee to draft a letter to the 
President of Congress, enclosing the aforesaid returns. 



268 RECORDS OP THE STATE OF RHODE ISLAND [FeB., 

general treasurer for the interest unpaid ; and also giving 
bonds to the keeper of the grand committee's office for the 
whole of the principal, that the general treasurer and the 
keeper of the grand committee's office may be directed, 
upon their receipt of such deed and bonds, to deliver up the 
former deed and bonds, and to discharge the same ; and the 
premises being duly considered,— 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the new 
mortgage be made on the same principles, and the land be 
valued in the same manner and by the same persons as 
those first pledged ; and that the expense attending the 
said valuation and execution of the new mortgage be paid 
by the said Elisha Potter. 

It is voted and resojved, that the petition of the society 
called Quakers, praying for a repeal or amendment of the 
act making the paper currency of the state a lawful tender, 
and of the act limiting the bringing of personal actions to 
two years, be, and the same is, hereby referred to the next 
session. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to receive of the keeper of the 
Continental loan-office the indents for the interest payable 
on the certificates belonging to this state. 

Whereas, Mr. Henry Littlefield, of Exeter, preferred a 
petition and represented unto this Assembly, that in Decem- 
ber last, his dwelling house in said Exeter took fire, and was 
entirely consumed, together with his household furniture, 
clothing, papers and money, to a greater amount than he 
can with certainty recollect ; but that with entire certainty 
he recollects to have lost by the said melancholy accident 
the sum of one hundred and twenty-five pounds, in the 
paper emission of this state ; and thereupon he prayed this 
Assembly to direct the general treasurer to pay to him the 
said sum of money. 



1788.] AND PROVIDENCE PLANTATIONS. 269 

And whereas, the said Henry Littlefield personally ap- 
peared before this Assembly, and being duly sworn, made 
solemn oath that the facts set forth in the said petition are 
strictly true, — 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby directed to pay unto the said 
Henry Littlefield, out of the unloaned money in his office, 
the sum of one hundred and twenty-five pounds, lawful 
money, in lieu of that sum which was burnt in his house. 

Whereas, divers commissions for officers heretofore ap- 
pointed by this Assembly have not been issued ; and the 
secretary hath prepared the same with the expectation that 
His Excellency the Governor would be present at this ses- 
sion and sign them ; but he being prevented by indisposi- 
tion from aj;tending, the said commissions cannot imme- 
diately issue ; and as it is expedient that they be sent for- 
ward as soon as may be, — 

It is therefore voted and resolved, that His Honor the 
Deputy Governor be, and he is, hereby empowered and 
requested to sign the same ; which shall thereupon be valid 
to all intents .and purposes as if signed by His Excellency 
the Governor; and that His Honor the Deputy Governor 
be allowed the lawful fees for signing the same. 

It is voted and resolved, that Jabez Pratt, an invalid, late 
a soldier in the Continental army, and who is entitled to a 
pension, agreeably to a resolution of Congress, be, and he 
is, hereby allowed to receive out of the general treasury, 
the sum of forty pounds, lawful money, to be accounted for 
by him towards his pension as an invalid ; and that the 
general treasurer do not pay unto the said Jabez Pratt any 
further sum as an invalid until the further orders of this 
Assembly. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to pay unto Bristol Rhodes, an 
invalid, late a soldier in the Continental army, and who is 
entitled to a pension agreeably to a resolution of Congress, 



270 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

the sum of forty pounds, lawful money, to be accounted for 
by him towards his pension as an invalid; and that the 
general treasurer do not pay unto the said Bristol Rhodes 
any further sum as an invalid until the further orders of 
this Assembly. 

It is voted and resolved, that George Peirce, Esq., be, and 
he is, hereby empowered, (by and with the consent of Rich- 
ard Sephton, an invalid,) to receive out of the general 
treasury the sum of forty pounds, lawful money, to and 
for the use of the said Richard Sephton, to be accounted 
for by him in the settlement of his pension as an invalid; 
and that the general treasurer be, and he is, hereby directed 
not to pay to the said Richard Sephton any farther sum os 
an invalid, until the further orders of this Assembly. 

It is voted and resolved, that Matthew Hanley, late a 
soldier in the Continental army, and who is entitled to a 
pension agreeably to a resolution of Congress^ be, and he is^ 
hereby allowed to receive out of the general treasury the 
sum of forty pounds, lawful money, to be accounted for by 
him towards his pension as an invalid ; and that the general 
treasurer do not pay unto the said Matthew Hanley any 
furthey sum as an invalid, until the further orders of this 
Assembly. 

It is voted and resolved, that Mr. William Hall, one of the 
town council of the town of Portsmouth, be, and he is, here- 
by empowered to receive out of the general treasury forty 
pounds, lawful money, for the support of John Slocum, an 
invalid, who is entitled to a pension agreeably to a resolu- 
tion of Congress ; to be accounted for in the settlement of 
the said invalid's pension ; and that the general treasurer 
do not pay unto the said John Slocum any further sum as 
an invalid, until the further orders of this Assembly. 

It is voted and resolved, that John Anthony, an invalid, 
late a soldier in the Continental army, and who is entitled 
to a pension agreeably to a resolution of Congress,'be, and 
he is, hereby empowered to receive out of the general treas- 



1788.] AND PROVIDENCE PLANTATIONS. 271 

wry the sum of forty pounds, lawful money, to be accounted 
for by him towards his pension as an invalid ; and that the 
general treasurer do not pay unto the said John Anthony 
any further sum as an invalid, until the further orders of 
this Assembly. 

It is voted and resolved, that forty pounds, lawful money, 
be allowed and paid out of the general treasury to Mr. 
John Smith, an enrolled invalid in this state, upon account 
of his pension ; and that no more be paid him, upon that 
account, until further orders from this Assembly. 

It is voted and resolved, that one hundred pounds, lawful 
money, be allowed and paid out of the general treasury to 
Major Daniel Box, an enrolled invalid in this state, on 
account of his pension; and that nothing more be paid 
him, on that account, until further orders from this As- 
sembly. 

It is voted and resolved, that thirty-five pounds, lawful 
money, be allowed and paid out of the general treasury to 
Mr. Briton Saltonstall, an enrolled invalid in this state, on 
account of his pension; and that nothing more be paid 
him, upon that account, until further orders from this As- 
sembly. 



An Act submitting to the consideration of the freemen of this state, the report of the 
convention of delegates for a Constitution for the United States, as agreed on in 
Philadelphia, the 17Ui of September, A. D. 1787. 

Whereas, the Honorable the Continental Congress did heretofore recommend to the 
legislatures of the respective states, to appoint delegates to meet in convention, at 
Philadelphia, in May, A. D. 1787, to make such alterations and amendments in the 
present confederation of the United States as would tend to promote the happiness, 
good government and welfare of the federal Union ; and whereas, the said delegates, 
on the 17th day oi September, 1787, did agree upon, and report to the Congress of the 
United States, a form of a Constitution for the United States of America; and whereas, 
the said United States in Congress assembled, did, by a resolution passed the 28th day 
of September, A. D. 1787, transmit said report to the legislature of this state, to be 
submitted to the consideration of the people thereof; and whereas, this legislative 
body, in Crcneral Assembly convened, conceiving themselves representatives of the 
great body of the people at large, and that they cannot make any innovation in a Con- 
stitution which has been agreed upon, and the compact settled between the governors 
and governed, without the express consent of the freemen at large, by their own 
voices individually taken in town meetings assembled : wherefore, for the purpose 



272 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

aforesaid, and for submitting the said Constitution for the iJnited States to the consid- 
eration of the freemen of this state, — 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the fourth Monday in March instant be, and the same is, hereby appoint- 
ed the day for all the freemen and freeholders within this state, to convene in their 
respective towns, in town meetings assembled, and to deliberate upon and determine, 
each individual, (who hath a right by law to vote for the choice of general officers,) 
by himself, by poll, whether the said Constitution for the United States shall be 
adopted or negatived. 

And be it further enacted by the authority aforesaid, that the town clerks in the 
respective towns shall forthwith issue their warrants for the convening of the freemen 
and freeholders, to meet on said fourth Monday of March instant, at such place where 
the town meetings are usually holden. And the same shall be directed to the town 
sergeants and constables of the respective towns, who shall cause notifications to be 
set up in the most public places of resort witliin such towns ; and shall also repair to 
the usual place of abode of the freemen and freeholders in such town, and give them 
notice of the meeting aforesaid, for the purpose aforesaid. The said town sergeants, 
and constables to have particular districts pointed out to them, to warn the freemen 
and freeholders, so as not to interfere with each other's district, that all the freemen 
and freeholders may, if possible, have notice and attend accordingly. And upon the 
convention of said freemen, they shall appoint a moderator, who shall regulate such 
meeting ; and the voices of the freemen and freeholders shall be taken by yeas and 
nays, and the town clerk of each town shall register the name of each and every fr^- 
man and freeholder, with the yea or nay, as he shall^ respectively give his voice aloud, 
in open town meeting, and shall keep the original in his office, and shall make out a 
true and fair certified copy of the register aforesaid, with the yeas and nays of each 
and every person thereon, and carefully seal the same up, and direct it to the Gh?neral 
Assembly, to be holden by adjournment at East Greenwich, in the county of Kent, 
on the last Monday of March instant, and deliver the same to one of the representa- 
tives of such town, or other careful person, who will take charge of the same, to be 
delivered to the said General Assembly, then and there to be opened, that the senti- 
ments of the people may be known respecting the same. 

And it is further enacted by the authority aforesaid, that in case it shall so happen 
that the said fourth Monday of March, instant, shall prove to be stormy or boisterous 
weather, so that the freemen and freeholders in general cannot conveniently attend, 
the said town meeting may adjourn, from day to day, not exceeding three days, so 
that the voices of the people may be taken. 

And it is farther enacted by the authority aforesaid, that the secretary shall forth- 
with transmit to each town clerk of the respective towns within this state a copy of 
this act. 

It is voted and resolved, that Col. Jeremiah Olney be 
empowered to draw the sum of fifty pounds, lawful money, 
out of the general treasury, for the use of Prince Jenckes, 
an enrolled invalid in this state, upon account of his pen- 
sion ; and that nothing more be paid the said invalid upon 
that account until further orders from this Assembly. 

It is voted and resolved, that George Bradford and Peter 
Barrow, two enrolled invalids in this state, be severally em- 



1788.] AND^ PROVIDENCE PLANTATIONS. 273 

powered to draw forty pounds, lawful money, out of the gen- 
eral treasury, on account of their pensions ; and that the 
general treasurer pay no more to either of them on that 
aedount, without further orders from this Assembly. 

It is voted and resolved, that Peleg Arnold and Jonathan 
J. Hazard, Esqs., two of the delegates to represent this state 
in the Congress of the United States, be, and they are, here- 
by requested to take their seats in Congress as soon as may 
be; and that they- severally be empowered to draw the 
sum of three hundred pounds, lawful money, out of the 
general treasury, for that purpose ; to be accounted for in 
the settlement of their accounts. 

It is voted and resolved, that all persons holding the notes 
of this state, signed by the general treasurer thereof, and 
of which two fourth parts have been by law directed to be 
paid, apply to the said general treasurer on or before the 
tenth day of May next, for a third quarter part of the 
amount of the said notes, and interest thereon ; which the 
said treasurer is hereby directed to pay accordingly. 

And it is further voted and resolved, that the holders of 
such notes as aforesaid, who shall not apply and receive the 
said third quarter part as aforesaid, shall forever thereafter 
be excluded from receiving it ; and the same shall be for- 
feited to and for the use of this state. 

God save the United States of America. 

# 
TOL. X. 85 



282 



RECORDS OF THE STATE OF RHODE ISLAND 



[May, 



Hopkiiiton, 
David Nichols, Esq., 
Mr. Eoss Coon. 

Johmton. 
Mr.. William Waterman, 
Mr. Philip Arnold. 

North Providence. 
Mr. Edward Smith, 
Thomas Olney, Esq. 

Barriiigton. 
Samuel Allen, Esq., 
Mr. Matthew Allen. 

Foster. 
Mr. Jonathan Hopkins, Jr., 
Mr. William Howard. 



ISverton. 
Mr. Benjamin Howland, 
Mr/ Thomas Durfee. 
Little Compton. 
Mr. George Simmons, 
Thomas Palmer, Esq. 

Warreii. 
Cromel 'Child, Esq., 
Mr. Smith Bowen. 
Cumberland. 
Mr. John Lapham, 
John Gould, Esq. 

Richmond. 
James Sheldon, Esq., 
Mr, Thomas James. 

Cranston. 
Mr. George Waterman, 
Mr. William Potter. 

. The Hon. Othniel Gorton, Esq., speaker, and Rowse J. 
Helme, Esq., clerk. 

Henry Ward, Esq., secretary. 

Henry Goodwin, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

delegates to represent the state in congress. 

The Honorable Peleg Arnold, Esq. 
The Honorable Jonathan J. Hazard, Esq. 
The Honorable Thomas Holden, Esq. 
The Honorable John Gardner, Esq. 

John Williams, Esq., first assistant, in the room of Joseph 
. Stanton, Jr., Esq., who declined. 

Sylvanus Sayles, Esq., second assistant, in the room of 
the aforesaid John Williams. 

James Arnold, Esq., third assistant, in the room of the 
aforesaid Sylvanus Sayles. 



1788.] AND PROVIDENCE PLANTATIONS. 283 

Caleb Gardner, Esq., fourth assistant, in the room of the 
aforesaid James Arnold. 

John Cooke, Esq., fifth assistant, in the room of the afore- 
said Caleb Gardner. 

William Congdon, Esq^ sixth assistant, in the room of the 
aforesaid John Cooke. , 

Joseph W. Tweedy, Esq., seventh assistant, in the room 
of the aforesaid William Congdon. 

Thomas Coggeshall, Esq., eighth assistant, in the room 
of the aforesaid Joseph W. Tweedy. 

Thomas Hazard, Esq., ninth assistant, in the room of the 
aforesaid Thomas Coggeshall. 

Thomas Hoxsie, Esq., tenth assistant, in the room of the 
said Thomas Hazard. 

Whereas, Christopher Ellery, Jr., of Newport, did, on the 
7th day of this current May, when both houses of this 
Assembly were in session, in <i grand committee, openly 
insult the authority of this state; and a warrant having 
been issued against him, and he brought before this Assem- 
bly, and having pleaded guilty, — 

It is voted and resolved, that the sheriff of the county 
of Newport take his body into custody, and him safely 
secure in close confinement in the common gaol in New- 
port, without bail or mainprize, until the further orders of 
this Assembly. 

Both houses being joined in a grand committee, proceed- 
ed upon the election and chose the following gentlemen, 
to wit : 

JUSTICES OF THE COURT OP COMMON PLEAS, FOR NEWPORT COUNTY. 

Thomas Freebody, Esq., chief; Jonathan Freeborn, Esq., 
second ; Gideon Wanton, Esq., third ; Oliver Durfee, Esq., 
fourth ; Fobes Little, Jr., Esq., fifth. 



284 RECORDS OF THE STATE OF RHODE ISLAND [MaV^ 

m 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Ebenezer Thompson, Esq., chief; Caleb Harris, Esq., sec- 
ond; Abraham Mathewson, Esq., third; John Burton, Jr., 
Esq., fourth ; Stephen Steere, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Freeman Perry, Esq., chief; Sylvanus Gardner, Esq., 
second; Robert Stanton, Esq.," third; Edward Wells, Esq., 
fourth ; Benjamin Hoxsie, Jr., Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR BRISTOL COUNTY. 

Joseph Reynolds, Esq., chief; James Miller, Esq., second; 
Elkafinah Humphrey, Esq., third; Jacob Saunders, Esq., 
fourth ; Newby Coggeshall, Esq., fifth. 

JUSTICES OF THE COURT OF C0>IM0N PLEAS, FOR KENT COUNTY. 

Thomas Aldrich, Esq., chief; Stephen Arnold, Esq., second; 
Gideon Waite, Esq., third ; Anthony Low, Esq., fourth. • 

JUDGE OF THE COURT OF ADMIRALTY. 

Ambrose Page, Esq., judge of the court of admiralty, 
within and throughout the state. 

SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Nehemiah Knight, Esq. 
• Washington County — Beriah Brown, Esq. 
Bristol County — Shubael Kinnicut, Esq. 
Kent County — Jonathan Niles, Esq. 

COLLECTORS OF IMPOST. 

Joseph Tweedy, Esq., collector of impost for the county 
of Newport. 

John Mathewson, Esq., collector of impost for the county 
of Providence. 



1788.] AND PEOVIDENCE PLANTATIONS. 285 

Benedict Dayton, Esq., collector of impost for the county 
of Washington. 

Cromel Child, Esq., collector of impost for the county 
of Bristol. 

Job Comstock, Esq., collector of impost for the county 
of Kent. 

FIELD OFFICERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

Joseph Stanton, Jr., Esq., major general of the militia of 
the state. 

John Malbone, Esq., brigadier general of the militia of the 
county of Newport. 

Simeon Thayer, Esq., brigadier general of the militia of 
the county of Providence. 

Samuel J. Potter, Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

William Barton, Esq., adjutant general of the militia of 
the state. 

John Mathewson, Esq., quartermaster general of the mili- 
tia of the state. 

Charles Holden, Esq., commissary general of the militia 
of the i^tate. 

Mr. Peter Turner, physician and purveyor general of the 
militia of the state. 

It is voted and resolved, that where persons possessed of 
the securities signed by the general treasurer of this state, 
whereof a quarter part hath been ordered to be paid by this 
Assembly, have made application to the general trejisurer, 
and received either the first or second quarter part thereof, 
in such case the general treasurer be, and hereby is, directed 
and ordered to pay upon such securities the sum which 
hath been forfeited Unto the possessors of such securities, in 
the same manner as if they had applied in season : provided 



286 RECORDS OF THE STATE OP RHODE ISLAND [MaY, 

such application be made before the next session of this 
Assembly, at their adjournment in June next 

And it is further voted and resolved, that in case any 
grants heretofore made to any person for monies, be not 
applied for and received out of the general treasury before 
the said next session, such grant shall be forfeited to and 
for the use of the state, and the grantee forever precluded 
from receiving the same. 

It is voted and resolved, that all persons holding the 
securities of this state which carry an interest of six per 
centum, and likewise the impost orders, whereof the first, 
second and third quarter parts have been ordered to be paid, 
may apply to the general treasurer, who is hereby directed 
to pay the last quarter part thereof 

Whereas, information hath been made unto this Assem- 
bly, that one William Hayden, mariner, now residing in 
Newport, hath treated this General Assembly with great 
disrespect, and spoken divers words tending to lessen the 
dignity and authority thereof, and otherwise misbehaved : 

It is therefore voted and resolved, that His Excellency 
the Governor be, and he is, hereby requested to issue his 
warrant, directed to the sheriff of the county of Newport, 
or to his deputy, to apprehend the aforesaid William Hay- 
den, and bring him before this Assembly on Friday morning 
next, at nine o'clock, to answer to the said charge, and to 
be dealt with for his contempt. 

Whereas, His Excellency the Governor, at the request of 
this Assembly at the present session, did issue his warrant 
for apprehending William Hayden, for contempt of this 
Assembly, and the sheriff hath made return thereon that 
he was not to be found ; and whereas, the dignity of the 
state ought to be supported, and all contempts against the 
authority thereof duly punished : 

It is therefore voted and resolved, that His Excellency 
the Goveror be, and he is, hereby requested to issue another 
warrant for apprehending the said William Hayden ; that 



1788.] AND PBOVIDENCE PLANTATIONS. 287 

the sheriff of the county of Newport take him into custody, 
and have him before His Excellency; who is requested 
to cause a mittimus to be made to the gaoler of the 
county of Newport, to receive and keep him in safe custody 
until the next session of this Assembly, to answer for the 
contempt aforesaid ; unless the said William Hayden shall 
enter into a recognizance, with two sureties ; the said Wil- 
liam Hayden in the sum of five thousand pounds, lawful 
money, and the sureties in the sum of two thousand five 
hundred pounds each ; that he, the said William Hayden, 
will appear before this Assembly at the next session, to 
answer to such things as shall then and there be charged 
against him ; and that he will in the meantime be of good 
behavior. 

Whereas, Mr. Christopher Ellery, Jr., who was committed 
to gaol for a contempt offered to this Assembly ; and he 
being here brought, confesseth his fault, puts himself upon 
mercy, and humbly entreats pardon and forgiveness : 

It is therefore voted and resolved, that the said Christo- 
pher Ellery be forgiven ; and that he be discharged, upon 
his paying all costs. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to make out an exact account of the 
interest paid on the certificates issued by Edward Chinn, 
Esq., the commissioner in this state for settling the Conti- 
nental accounts, for the teaming service in the year 1781 ; 
and that he also certify the time when he renewed the said 
certificates by order of this Assembly ; and transmit the 
same to John Jenckes, and Rowse J. Helme, Esqs., the com- 
missioners on the part of this state for settling the accounts 
with the United States. 

Whereas, the freemen of the town of Cranston, in town 
meeting assembled, ordered the following report, concerning 
a highway between that town and the town of Scituate, to 
be laid before this Assembly, that the agreement entered 
into between the aforesaid towns might be established, to wit : 



288 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Report of a Committee appoirded by the town of Cranston^ to the 
General Assembb/^ concerning a highway between Oramton and 
ScUtiate. 

Whereas we, the subscribers, being appointed a committee by and in behalf of the 
town of Cranston, for the purpose of meeting a committee from the town of Scituate, 
in order to agree with said Scituate committee, (if we could, in our opinion, consistent 
with justice and equity,) upon a division of the highway, Jately laid out by the two 
tow As of Cranston and Scituate, on and nearly adjoining the scYen mile line, so called ; 
which said line is a dividing line between the two said towns, and for the fuller con- 
firmation of the laying out said highway, reference may be had to the proper records 
of the said towns. And whereas, your committee, accepting of the trust reposed in 
them, and according to the appointment, met the committee appointed for the above- 
said purpose by the town of Scituate, on Monday, the 18th day of June, A. D. 1787, 
and did agree with said Scituate committee upon the dividing of the abovesaid high- 
way, in manner as folio weth, that is to say : 

The town of Cranston is to have the charge and care of mending and keeping in 
repair thirty-eight rods of the abovesaid highway, beginning at the highway that leads 
by Caleb Fisk's, Esq., and extending southward to a rock and stones laid thereon ; 
ft'om thence Scituate is to have the charge and care of mending and keeping in repair 
one hundred and sixty rods, to a stake standing by a wall ; from thence Cranston is 
in like manner to extend two hundred and thirty -six rods ; then Scituate in like man- 
ner to extend one hundred and eighty-four rods ; then Cranston to extend in like 
manner two hundred rods to a white oak bush near Mr. James Burlingame's mill. 

Your committee beg leave to observe, that there is about sixty rods of highway 
that was formerly and separately laid out by the town of Scituate, included in tht» 
agreement, on account of mere conveniency to the two towns. 

All which of the above your committee have candidly agreed to with the said com- 
mittee from the town of Scituate, and doth hereby submit the- same accordingly. 

CHRISTOPHER LIPFITT, 
STEPHEN KNIGHT, 
ROBERT KNIGHT, 

Committee. 

And the premises being duly considered, — 
It is voted and resolved, that the said report and agree- 
ment be, and the same are, hereby approved and estab- 
lished; and that the aforesaid highway be proportioned 
unto the said towns of Scituate and Cranston, to be by them 
respectively kept in repair agreeably thereto. 

It is voted and resolved, that Joseph W. Tweedy and 
John Topham, Esqs., be, and they are, hereby appointed a 
committer to receive from the late and deliver to the present 
gunner of Fort Washington, all the guns, carriages, ammu- 
nition, and other stores belonging to the state ; taking an 



1788.] AND PROVIDENCE PLANTATIONS. 289 

inventory thereof, and giving and taking receipts for the 
same. 

It is voted and resolved, that Henry Sherburne, Esq., be, 
and he is, hereby appointed to examine the general treas- 
urer's office, and make out an exact list of all the invalids 
returned to that office, with their monthly allowance, and 
the sums respectively paid them ; and that he report the 
same to this Assembly. 

It is voted and resolved, that Paul Mumford, Andrew 
Waterman, Rowse J. Helme, Cromel Child, and Thomas Jos- 
lyn, Esqs., be, and they are, hereby appointed a committee 
to draught instructions for the delegates to represent this 
state in Congress ; and that they lay the same before this 
Assembly at the next session. 

It is voted and resolved, that Christopher Ellery, Esq., 
and Mr. John Eaton, for the county of Newport ; John Dor- 
rance, Esq., and Mr. Paul Allen, for the county of Provi- 
dence ; Joseph Stanton, Jr., and James Sheldon, Esqs., for 
the county of Washington ; Samuel Allen and Jacob Saun- 
ders, Esqs., for the county of Bristol, and Othniel Gorton 
and Thomas Joslyn, Esqs, for the county of Kent, be, and 
they are, hereby appointed committees, in and for their 
respective counties, to call upon and adjust the accounts of 
the collectors of impost ; that they also ascertain the amount 
of the sums of money forfeited to the state, which have 
been lodged with the justices of the courts; how much 
hath been received by each, and what hath been paid into 
the general treasury ; and to call upon those from whom 
anything is now due, for money received as aforesaid, to 
pay the same immediately into the general treasury ; that 
they also ascertain the amount of the money which hath 
been received upon account of the interest bonds, and how 
much hath been sued for ; that they call upon the persons 
who have received the same, to pay it immediatcjjy into the 
general treasury ; and that they make report of the whole 
of their proceedings to this Assembly, at the next session, 

TOL. X. 87 



290 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Whereas, Capt. Hale Mason, of Warren, who hath been 
absent for eighteen years last past, from this his native state, 
and is now in the East Indies, hath during his absence ac- 
quired considerable property, and is now desirous to return, 
and wishes protection for his person and property on his 
way to this state : 

It is therefore voted and resolved, that it be recommended 
to His Excellency the Governor to write to the delegates of 
this state in Congress, to use their influence that protection 
be given by the Congress of the United States to the said 
Hale Mason and his property, to return to either of the 
United States, in as efficacious a manner, and with the same 
national authenticity, as sea letters are granted to other 
citizens of the United States. 

It is voted and resolved, that the town treasurers of the 
respective towns who have been committed to gaol for the 
deficiencies of the thirty thousand pounds tax be, and they 
are, hereby liberated from their confinement until the second 
Monday in June next ; and that, if any of the collectors of 
taxes shall not pay the sums committed to them to collect 
by the said day, with the interest, the sheriffs of the several 
counties take up and recommit the treasurers of such defi- 
cient towns to gaol until the whole be paid. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to issue his warrant within ten 
days to the collector of taxes for the town of Coventry, to 
collect that town's proportion of the last state tax, on or 
before the second Monday in June next. 

It is voted and resolved, that all persons holding impost 
orders, and the securities of this state, bearing an interest 
of six per cent, whereof the first, second, and third quarter 
parts have been ordered to be paid, may apply to the gen- 
eral treasurer, who is hereby directed to pay the last quarter 
part of the said impost orders and securities. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 



1788.] 



AND PROVIDENCE PLANTATIONS. 291 



referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned to the second Monday 
in June next, then to meet at the state house in Newport. 

God save the United States of America. 

The Governor of Rhode Island to the President of Congress, 

« 

State of Khode Island, &c. i 

In General Assembly, April 6, 1788. J 

Sir : — The report of the convention assembled in Philadelphia, being transmitted 
bj the secretary of Congress, was received by us at the October session last, and 1000 
copies thereof were ordered to be printed, and sent into the respective towns within 
this state, that the people at large might have a full opportunity of considering and 
communing upon so important an object, which was immediately done. And at the 
February session last, the consideration thereof was submitted to the freemen of this 
state by the enclosed act, and the returns from each respective town being delivered 
in, it appears that the yeas for adopting the Constitution for the United States were 
two hundred and thirty -seven, and the nays two thousand seven hundred and eight, 
agreeably to the within return. Although this state has been singular from her sister 
states in the mode of collecting the sentiments of the people upon the Constitution, it 
was not done with the least design to give any offence to the respectable body who 
composed the convention, or a disregard to the recommendation of Congress, but 
upon pure republicjin principles, founded upon that basis of all governments originally 
denvlng from the body of the people at large. And although, sir, the majority has 
been so great against adopting the Constitution, yet the people in general conceive 
that it may contain some necessary articles which could well be added and adapted 
to the present confederation, they are sensible that the present powers invested with 
Congress are incompetent for the great national government of the Union, and would 
heartily acquiesce in granting sufficient authority to that body to make, exercise and 
enforce laws throughout the states, which would tend to regulate commerce, and 
impose duties and excise, whereby Congress might establish funds for discharging 
the public debt 

It is with regret that any dissensions should be in this state, when the good of the 
community is our wish, and it will ever be our disposition to endeavor to promote 
whatever appeaigi to us to be of public utilitj', and to harmonize as much as possible. 

I am, in behalf, etc., 

JOHN COLLINS. 

In the Lower House, April 6, 1788. 

It is voted and resolved, that a fair copy of the foregoing letter be made by the 
secretary, and His Excellency the Governor is requested to subscribe the same in 
behalf of this Assembly, and to transmit the same to His Excellency the President of 
Congress. 

Voted and passed. By order. R. J. HELME, Clerk. 

In the Upper House. Read the same day and concurred. 

By order. TH. T. SHERBURNE, Dep. Sec'y. 



292 RECORDS OF THE STATE OF RHODE ISLAND [JuN£y 



Proceedings of the General Asse^nlb/ of the State of Rhode 
Island and Providence Phntaiions^ ai Newport^ on the second 
Monday in June, 1788. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and resolved, that the general treasurer for 
the county of Newport, and the persons who were appoint- 
ed in the other counties to collect the interest due upon the 
bonds given for the loan of the money issued agreeably to 
an act passed at the session held in May, A. D. 1786, imme- 
diately notify by advertisement the person in their several 
counties who are indebted for interest as aforesaid to pay 
the same to them respectively; and that if the debtors 
neglect payment, their bonds which are become due be put 
in suit, at the first inferior court which shall sit in the 
county where the bonds are liable to be sued. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to pay the indents now in his 
office to the commissioner of the loan-office of the United 
States, in this state, taking his receipt for the same, on ac- 
count of the requisitions of Congress.' 

Whereas, the town of Glocester preferred a petition unto 
this Assembly, representing, that in March, A. D. 1728, the 
town of Providence, (then containing all the towns now 
in the county of Providence,) laid out a highway from Con- 
necticut line, easterly to the compact part of the said town, 
it being a large country road, and much used ; and that so 
much thereof hath been taken in by private persons, that the 
travelling at some seasons is rendered very difficult ; and 
praying that the said road may be relaid, and opened to its 
original width ; and the same being duly considered, — 



1788.] AND PBOVIDENCE PLANTATIONS. 293 

It is voted and resolved, that the prayer of the aforesaid 
petition be granted ; and that Messrs. Moses Cooper, Stephen 
Brayion, Caleb Harris, and Thomas Olney be, and they are, 
hereby appointed a committee for the purposes aforesaid ; 
and that they complete the said business by the first day of 
November next, without any expense to the state. 

It is voted and resolved, that the several justices of the 
superior and inferior courts within this state be, and they 
are, hereby directed to pay into the general treasury, within 
one month after the rising of this Assembly, all the money 
that hath been lodged in their hands respectively by debt- 
ors, and which is become confiscated to the state, excepting 
the charges upon the several sums by them received ; that 
they lay their accounts for their services before this Assem- 
bly at the next session ; and that this resolve be published 
in the newspapers in this state immediately. 

Resolved, that all persons possessed of the notes issued 
by the general treasurer of this state, and orders drawn on 
the collectors of impost, (the notes issued for the redemp- 
tion of the four per cent, notes excepted,) that have received 
either the first or second quarter parts thereof, be, and they 
are, hereby entitled to receive the third and last quarter 
part of said notes and impost orders, in the same manner 
as though they had applied for the same within the time 
prescribed by law ; and the general treasurer is hereby 
ordered and directed to pay the same accordingly : provided 
the possessors of said notes and impost orders apply for the 
same within one month from the rising of this Assembly. 
And all persons neglecting to apply as aforesaid, the notes 
and impost orders which they hold as aforesaid shall be for- 
feit, and enure to and for the use of this state ; that the 
fourth quarter part of said notes and impost orders, (where 
no part hath been received out of the general treasury by 
the former acts of this Assembly,) be, and the same is, 
hereby forfeited to and for the use of this state, if payment 
is not demanded within one month from the rising of this 



294 RECORDS OF THE STATE OF RHODE ISLAND [JuNE, 

Assembly; any 'law, custom or usage to the contrary not- 
withstanding. And that this resolve be published in the 
Newport Mercury, and in one of the Providence newspapers, 
the secretary giving preference to that printer in Provi- 
dence he can agree with on the most reasonable terms. 

It is voted and resolved, that five hundred pounds, law* 
ful money, be allowed and paid out of the general treasury 
to Messrs. Jonathan J. Hazard, Nehemiah Knight, Job Corn- 
stock, Samuel Allen, and Elijah Cobb, in full satisfaction for 
their time, services and expenses, in procuring to be printed 
and signing the bills of credit ordered to be emitted by 
an act of this Assembly, passed at the session in May, A. D. 
1786. 

It is voted and resolved, that Thomas Rumreill, Esq., be, 
and he is, hereby appointed auditor of accounts; that he 
attend at the secretary's office to bring up the book of 
accounts of grants made by the General Assembly, and of 
sums reported to be due to the state; and that* he attend 
the General Assembly at their future sessions upon that 
business. 

Whereas, the following report was presented unto this 
Assembly, to wit : 

Report of the Committee appointed hy the General AssimiUy 
respecting Indents paid into the General Treamry, 

The subscribers being appointed a committee to inquire of the general treasurer 
the amount of the indents which have been received by him towards the requisition 
of Congress of September 27, A. D. 1785, do report, that the proportion of this state 
is sixty-four thousand six hundred and thirty-six dollars, one-third of "t^hich sum, 
being twenty-one thousand five hundred and forty -flye and one-third dollars, was to 
be paid in actual money, and the other two-thirds in the interest due on loan-office 
certificates ; that toward the money part the general treasurer hath paid the sum of 
twelve thousand two hundred and thirty-nine dollars sixty-three ninetieths and two- 
fiilhs, in teamsters' certificates ; that the sum due in interest certificates is forty-three 
thousand ninety and two-thirds dollars, of which the general treasurer hath in hand 
twenty-two thousand two hundred dollars, and as he is daily receiving them, expects 
in a short time to have the whole completed ; that the requisitions of Congress, for 
the year 1786, cannot be had at present, so that we cannot ascertain their amount ; 
that by the requisition of Congress, in the year 1787, this state is to pay into the 



1788.] AND PROVIDENCE PLANTATIONS. 295 

treasury of the United States the sutn of thirty-six thousand five hundred and fifty- 
eight dolhirs, to be appropriated to the payment of the interest of the domestic debt ; 
and that it does not appear that provision hath been made by the General Assembly 
for the payment of any part of the said requisitions, for the years 1786 and 1787. 

All whicli is submitted by 

JABEZ BOWEN, 

JAMES SHELDON, 

Committee. 

Which being duly considered, — 

It is voted and resolved, that the said report be, and 
the same is, hereby accepted. 

It is voted and resolved, that Jabez Bowen and James 
Sheldon, Esqs., be, and they are, hereby appointed a com- 
mittee to inquire of the general treasurer what is the 
amount of the indents received by him towards the requisi- 
tion of Congress of September 27, A. D. 1785, and to ascer- 
tain the balance due on the said requisition ; that they also 
ascertain the amount of what is due from this state upon 
the other requisitions of Congress which have not yet been 
adopted by the General Assembly; and that they make 
report to this Assembly as soon as may be. 

Whereas, divers of the collectors of taxes in this state, 
instead of keeping fair and plain tax-bills, and settling and 
marking the rate-lists as they receive the money for taxes, 
give receipts on account of the taxes, whereby delays are 
occasioned, and great injuries are done to the citizens of 
this state, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that each 
collector of taxes within this state shall, upon his accepting 
the office, give good and sufficient bond, with competent 
sureties, that they will, if required by the town appointing 
them, or by the town treasurer thereof, once in every four- 
teen days, lay before such town treasurer a clear and regular 
statement of the taxes committed to him to collect, and 
exhibit a tax-bill of the same, regularly and fairly kept; 
giving credit therein for all the money received to every 
person paying the same. 



296 RECORDS OF THE STATE OF RHODE ISLAND [JuNE, 

Whereas, at the session of the General Assembly, held 
in June, A. D. 1780, a bank of paper money, funded upon 
real estate, bearing an interest of five per centum, was 
emitted ; and although provision hath been made for re- 
deeming the greatest part of the same, yet some of the said 
bills remain in the hands of the citizens of this state ; and 
as the whole of the said bank ought to be called in and 
burned, — 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby empowered and directed to 
exchange all such bills of the said emission as shall be carried 
into his office, for the bills of credit emitted in May, A. D. 
1786, reckoning compound interest on the said bills funded 
on real estate, at the rate of six per centum per annum, 
from the time they were issued until they be exchanged. 

Whereas, the following state of an account was laid before 
ihk Assembly, to wit : 

Account of J[ M. Green with the State, 

The State of Rhode Island &c., in account with John Morley Green, Dr. 

To my wages, as clerk to the commissioners for a^'usting this state's 
account against the United States, nine months, commencing in 
August, A. D. 1787, at £45 per month £405 

Creditor. 

By cash received at sundry times of Bowse J. Helme, Esq 220 

Balance due to John Morley Green 185 

£405 
Errors excepted. 
Providence, June 11, 1788. JOHN M. GREEN. 

Which being duly considered, — 

It is voted and resolved, that the said account be allowed, 
and that one hundred and eighty-five pounds, lawful money, 
being the balance thereof, be paid the said John M. Green 
out of the general treasury. 

Henry Sherburne, Esq., having reported unto this Assem- 
bly a list of all the invalids returned into the general treas- 
urer's office, with the monthly allowance to each of them, 
and the sums which have been paid to each person, as follow, 
to wit : 



1788.] 



AND PROVIDENCE PLANTATIONS. 



297 



Names. 



' Allowance 
! per month. 



Richard Hopkins 

John Smith 

Plato Wheeler 

Mivjior Daniel Box .... 

Joseph Tanner 

Plato M'Clanning 

Abiel Weaver 

Richard Sephton 

Edward Peirce 

Charles Scott 

•John Elliott 

Comfort Bishop 

George Townsend .... 

Anthony Foster 

Levi Cesar 

Jabez Pratt 

William Emerson 

Prince Greene 

Simeon White 

Bristol Rhodes 

John Anthony 

Matthew Henley 

William Bastow 

Job Greenman 

John Slocum 

Prince Vaughan 

John Arrasburj' ...... 

Peter Barrows 

Robert Piper. . 

Benjamin Tompkins . . 

Edward Bcnnet 

Comfort Eddy 

Joseph A. Richards.. . 

Benvil Laroach 

Francis Robertson . . . 

Briton Saltonstail 

Jack Champlin 

William Parker 

George Bradford 

Richard Grant 

Guy Watson 

Daniel Monks 

Hugh M'Dougall 

Capt. Thomas Arnold. 
Southcot Langworthy . 

Joseph Button 

Ezra Chace \ 

Uriah Stone 

Benoni Simmons. ... 

Simon Johnson 

' John Mowrey 

John Hany 

Ensign Samuel Black. 

Peter Burnes 

Jacob Briggs 

Benoni Taylor 

Abijah Adams 

Samuel Talman . . . 

Jabez Remington 

Prince Jenckes 

James Chappel 

Thomas Richardson . . 
Edward Gavet 



£0 15 
14 
4 

VO 
18 

15 

1 10 



Demands of Invalids 
from last payment, 
to July 1, 1788. I 



Paper money paid on 
account. 



M08. da's 



1 
8 
1 



1 10 
15 

Id 

1 
1 2 
1 4 

18 

1 1 



1 
1 
1 
1 
1 
1 
1 
1 
1 
1 



4 
4 
4 

10 
4 
4 
1 
4 

10 
2 



15 

14 

1 4 



1 
1 
1 
1 
1 
1 
1 
1 
1 



10 
10 
10 
1 
4 
4 
1 
1 
4 



12 
18 
15 
15 
15 
6 
18 



1 
1 
1 
1 
1 



10 
10 
10 
10 

7 



18 
15 



• • ] 



1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 



10 
10 
10 
10 
10 
10 
10 
10 

1 

15 
10 



80 
10 
9 
28 
9 
6 
7 
6 

83 

6 

3 

35 

3 

12| 
88 
12 

ii; 

121 

9' 

21 

9 

15 

34 

6 

9 

9 

29 

35 

30 

8 

18 

6 

18 
13 



0. 12 



181 

4| 
281 

15i 
4 
3 
28 
8 
8 

12 
34 
27 
27 
2 
18 
24 
38 
85 
55 
85 
82 
85 
11 
25 
6 
8 



20 



£22 

7 

10 

6| 54 
.! 9 
5 
6 



15 60 
4 
2 
35 
8 
14 
84 
12 
8 
14 
14 
18 
25 
10 
15 
26' 41 



10 
9 4 
16 
12 
9 0! 
8 
8 9 






1788. Apr. 28 £40 


.... Mar. 10! 100 






.... Apr. 141 24 

1787. Sep. 15! 40 

1788. Mar. 81 ! 40 
.... Apr. 7 80 



. . ( 



22 




10 

6 


7 6 

8 01787. Dec. 14 30 
4 0| 

12 1788. Mar. 29| 40 
12 0, 

2 

8 Oi 
10 



Sums now 
allowed. 

£60 

'"'so 6 

50 
80 
20 



20 

16 

8 

100 
10 
12 

100 



..I 9 
.. 6 
18, 20 
..I 42 
15| 45 
r 12 
..I 27 
6 
21 
15 
12 
18 
4 
16 
5 
11 
8 
2 
*168 
2 
4 
18 
52 
41 
87 



27 
12 
12 
10 
13 
4 



27 



24 



1 
13 
36 
57 
62 
83 
52 
48 
52 
16 
27 
4 
4 



4 
16 

15 

16 9 


18 
15 

15 



16 

1 

6 

12 
18 
12 

18 

16 

19 
8 

5 b 

5 


14 
10 



7 

2 

8 
11 
16 

4 


10 

17 
10 


10 
10 

20 
10 
10 



Mar. 12 
Apr. 28 
Mai. 6 



40 
40 0| 
40 



Mar. 8| 40 

Apr. 10 25 0| 

Apr. 141 85 O' 

Mar. n; 40 










Apr. 16 

.... Apr. 29 


40 
53 10 


Apr. 18 


36 4 


.... Apr. 28 


35 


..••■•.•••..|, - 

1 


.... Apr. 29 
.... May 18 


40 
25 










Mar. 6 


216 


















.... Apr. 14 


80 














.... May 10 


91 














.... Mar. 10 


50 


1787. Nov. 8 


80 



10 
40 
40 00 




• 

"is'oo 

120 


• ••fa«a« 


20 
120 
130 


"*26*6'6 

20 
45 


40 
15 





86 

10 

6 

100 

8 00 

16 

60 

160 

120 

"4'(V6 

40 

100 

160 

mob 

160 
180 
160 

'ib'oo 

*i6 



■TT 



[TOL. X. 88] 



* Due on % former aetU*m«nt, JE6i 8 8, 



\ 



298 RECORDS OP THE STATE OP RHODE ISLAND [JUNB, 

And the said report being duly considered,— 

It is voted and resolved, that the same be, and hereby is, 
accepted; that the several invalids in the foregoing list, 
against whose names sums of money are affixed in the last 
column be, and they are, hereby empowered to receive out 
of the general treasury the sums so affixed against their 
names respectively, on account of their pensions ; and that 
they severally account for the same. 

It is voted and resolved, that a tax of thirty thousand 
pounds, lawful money, be, and the same is, hereby ordered 
to be assessed upon the several towns in this state, in the 
same manner that the last state tax was apportioned ; and 
that it be collected and paid into the general treasury on 
or before the first day of December next. 

Whereas, many difficulties have arisen within this state, 
in the completion of the settlement of the accounts with 
the United States, by having different commissioners on 
behalf of the United States appointed, whereby the time 
limited for receiving the claims of this state hath proved 
too short for that purpose, — 

It is therefore voted and resolved, that His Excellency 
the Governor be, and he is, hereby requested to write to 
the delegates of this state in Congress, desiring them to 
move to the board of treasury, that a further time of four 
months be allowed for this state to exhibit its claims against 
the United States ; assigning in his letter to them the par- 
ticular reasons why a further time is absolutely necessary. 

The Hon. Othniel Gorton, speaker of the lower house, 
having resigned his seat as a member of that house, the 
Hon. Joseph Stanton, Jr., was chosen, by the lower house, 
speaker, in his stead. 

Both houses being joined in a grand committee, chose the 
following officers, to wit : 

James Congdon, Esq., sixth assistant, in the room of Wil- 
liam Congdon, Esq., who declined. 

John Dorrance, Esq., ninth assistant. 



1788.] AND PROVIDENCE PLANTATIONS. 299 

JUSTICES OW THE SUPERIOR COURT. 

Othniel Gorton, Esq., chief; William West, Esq., second ; 
Stephen Potter, Esq., third; Walter Cooke, Esq., fourth; 
Simeon Clarke, Jr., Esq., fifth. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed, within ten days from the rising 
of this Assembly, to issue his warrant of distress against 
the town treasurer of each and every delinquent town in 
this state, which hath not paid its quota of the respective 
taxes heretofore assessed upon it, returnable in twenty days 
from the time of issuing the same ; and that in such cases, 
where the general treasurer cannot issue his warrants of 
distress for collecting the arrearages of taxes due from any 
delinquent towns, he apply to the attorney general to prose- 
cute for the same, at special inferior courts to be called for 
that purpose. 

An Act for the more efifectual collecting of Taxes, aud paying the same into the 

general treasury. 

Whereas, it is necessary that the taxes assessed upon the inhabitants of this state 
should be collected as soon as may be, and that effectual methods should be established 
for that purpose, — 

Be it therefore enacted by this Greneral Assembly, and by the authority thereof it is 
hereby enacted, that where any town treasurer in this state shall have been confined 
in gaol, for the deficiency and arrears of taxes of the towrf to which he belongs, for the 
space of ten days, it shall be lawful for the general treasurer to commence an action 
to a special inferior court, (in the same manner as the general treasurer is already em- 
powered to commence actions to special courts against delinquent collectors,) against 
the collector of taxes of such delinquent town, and his bondsmen ; and that such town 
treasurer shall deliver the bond of the collector to the general ti^easurer, or to the 
attorney general, to be put in suit ; that execution shall be issued, upon judgment 
being recovered, to sell the same estates forthwith, for the discharge of such deficient 
taxes, unto the amount thereof, which shall be paid into the general treasury ; and 
that a deed shlUl be given, by the sheriff selling the same, oif the land or estate so sold, 
which shall vest in the purchaser a valid and effectual right and title in fee simple of 
the premises. 

An Act for granting and apportioning a tax of thirty 
thousand pounds, lawful money, upon the inhabitants of 
this state. 

[For this act at length, see printed schedule.] 



300* RECORDS OF THE STATE OF RHODE ISLAND [JuNE, 

It is voted and resolved, that all persons who have re- 
ceived any public money, and whose accounts have been 
audited by the committee, pay the respective balances in 
their hands into the general treasury, within one month 
from the rising of this Assembly ; and that if any of the 
persons aforesaid shall refuse or neglect to pay the same 
into the general treasury within the time limited as afore- 
said, the attorney general, in the name of the general treas- 
urer of this state for the time being, bring an action against 
every such delinquent person to a special inferior court, to 
be convened in the same manner, and with the same powers, 
as special courts are by law to be called. 

It is vot^d and resolved, that John Jenckes, Esq., be, and 
he is, hereby empowered to receive one hundred pounds, 
lawful money, out of the general treasury, on account of 
his services as one of the commissioners for settling the 
accounts of this state with the United States, and that he 
be accountable for the same. 

It is voted and resolved, that all business lying before 
this Assembly unfinished be, and the same is, hereby re- 
ferred to the next session ; and that this Assembly be, and 
hereby is, adjourned to the fourth Monday in October next, 
then to meet at the state house in Providence, if called ; 
but if not called before, nor at that time, that then this 
Assembly be, and hereby is, dissolved. 

God save the United States of America. 

The Ddegaies to Congress to the Governor of Rhode Island. 

* 

New York, June 5, 1788. 
Sir : — We consider it as our duty to inform Your Excellency of our safe arrival 
here, and although from the sliortness of the time we are unable to give a particular 
account of the business before Congress, we in general inform, that there is several 
matters of importance under consideration, one of which is, the dividing of the state 
of Virginia, and thereby making a fourteenth state, by the name of Kentucky. It 
appears from the act of the legislature of that state, that they have agreed to that 
measure, and there is a memorial from the inhabitants of that country for that pur- 
pose now l>efore Congress. The expediency of such a measure at this time, we submit 



1786.] AND PROVIDENCE PLANTATIONS. 301 

to Your Excellency's consideration, without making any comment thereon. There is 
at this time eleven states represented, and when any matters of importance to the 
Union are acted upon, we shall immediately commnnicate them. 

We are under the necessity of informing Your Excellency that it is necessary for 
the state to make further provision for our support, which we desire may be done in 
such manner as to be least injurious to the state and productive of the greatest advan- 
tage to us. We do not presume to dictate, but submit whether it could not be the 
most eligible mode to appoint a person in the state to receive such sum of money as 
the Honorable Assembly may grant, nnd supply us with the net proceeds of it. By 
this means we shall be fVimished much sooner, and relieved ftotb the g^eat incon- 
veniency that will attend on us if directed to draw the money when at this distance 
from the state. 

With the most perfect respect and esteem, 

We have the honor of being, etc., 

PELEG ARNOLD, 

JONA. J. HAZARD. 
His Excellency the Governor of Rhode Island. 



Proceedings of the General Asseinhly of the State of Rhode 
Isla^id and Providence PlaiitaiiotiSj at Providence^ on the last 
Monday in Odobet^, 1788. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Whereas, Mr. Anthony Holden, of East Greenwich, pre- 
ferred a petition and represented unto this Assembly, that 
he was, before the late war, a pensioner to the Chest at 
Chatham, in the kingdom of Great Britain, for the loss of 
his arm in the service of that crown ; that during the war 
he was unable to apply for his pension ; that he hath since 
applied, but was refused payment, upon account of his being 
a subject of the United States ; that he is obliged to make 
his personal appearance in Great Britain, or forfeit his pen- 
sion for thirteen years, which is now due; and that by 
reason of his poverty it is not in his power to make a voyage 
to Great Britain ; and thereupon he prayed this Assembly 



302 RECORDS OF THE STATE OF RHODE ISLAND [OcT.^ 

to make him a grant of a sum of money, sufficient to defray 
the expenses of the said voyage ; and the premises being 
duly considered, — 

It is voted and resolved, that the said Anthony Holden 
be, and he is, hereby empowered to draw the sum of two 
hundred pounds, lawful money, out of the general treasury, 
to enable him to proceed to Great Britain, to solicit the 
payment of his aforesaid pension; and that if he shall 
receive the said money, and neglect to perform the said 
voyage, or if he shall obtain payment of his said pension, 
he be, in either case, accountable to the state for the afore- 
said sum. 

Whereas, Caleb Harris, Nehemiah Knight, and James 
Aldrich, Esqs., all of the county of Providence, preferred a 
petition and represented unto this Assembly, that at the 
session of the General Assembly held in October, A. D. 
1785, they were appointed directors of a lottery granted to 
William West, Esq.; that the tickets in the said lottery 
were principally sold upon credit for the paper currency of 
this state ; that a part of the prizes, by the^ scheme of the 
said lottery, was made payable in cash ; but that many of 
those who drew money prizes refuse or neglect to apply for 
their prize money ; and that they, the petitioners, are desirous 
of settling the said lottery, and have notified the fortunate 
adventurers to apply and receive their money ; and there- 
upon they prayed this Assembly to order and enact, that 
those of the fortunate adventurers in money prizes in the 
said lottery who shall neglect to apply for the same within 
four iponts after public notice in two of the newspapers in 
this state, shall be precluded from bringing any action for 
the same thereafter, and shall incur a forfeiture thereof: on 
consideration whereof, — 

It is voted and resolved, that the prayer of the said peti- 
tion be, and the same is, hereby granted; that the said 
directors cause advertisements to be immediately published 
in one of the Newport and one of the Providence newspa- 



1788.] AND PROVIDENCE PLANTATIONS. 303 

pers, giving notice to all persons possessed of any fortunate 
tickets, which have drawn four dollars prizest in the said 
lottery, to apply to the director who subscribed the same 
for the prize money, within four months from the date of 
the advertisement ; and that in case they do not apply as 
aforesaid, the possessor or owner of such prize tickets shall 
be forever thereafter excluded from recovering or receiving 
the same ; any law, custom or usage to the contrary not- 
withstanding. 

Whereas, Jabez Bowen and William Barton, Esqs., who 
were appointed a committee to examine the account of 
Mrs. Henrietta Jones, widow of Edward Jones, formerly of 
Providence, deceased, for the board of divers prisoners of 
war in the year 1777, presented unto this Assembly the 
following report, to wit : 

Report of the Committee appointed It/ the General Assetnhly 
alhwing compemaivon for boarding certain prisoners of war. 

The subscribers being appointed a committee to inquire into the account exhibited 
by Mrs. Henrietta Jones, do report, that it appears that Mr. Edward Jones boarded 
the persons named in her account fourteen days each, they being ten in number, and 
prisoners of war, taken in the British frigate Syren ; and that several bills were paid 
by order of the cbuncil of war, for the board of the captain of the said frigate, and 
his people. We are tiierefore of opinion, that there is due to the said Henrietta 
Jones, upon the said account, the sum of one hundred and sixty-eight pounds, lawful 
money. Which is submitted by 

JABEZ BOWEN, 
WILLIAM BARTON, 

Committee. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted ; that the said Henrietta Jones be empowered tp 
draw the said sum of one hundred and sixty-eight pounds, 
lawful money, out of the general treasury ; and that the 
same be in full of all demands against the state on account 
of the boarding of the said prisoners. 

It is voted and resolved, that William Davis, Esq., sheriflF 
of the county of Newport, be, and he is, hereby appointed 



304 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

to procure the cannon and ordnance stores to be removed 
from the wharf at Goat Island to the upland, 'out of the 
way of the tides ; that he lay the cannon upon skids, and 
pay them over, together with the carriages, tomkins, and 
canvass aprons with lampblack and tar ; that he lay his ac- 
count of the expense of doing the same before this Assem- 
bly ; and that the gunner of Fort Washington be, and he 
is, hereby directed to cause the ordnance stores in the 
store of Col. Henry Sherburne to be removed to the said 
fort. 

An Act to prevent the introduction of convicted malefactors into this state. 

Whereas, it hath been represented unto this General Assembly, by the United 
States in Congress assembled, that several attempts, countenanced by British officers, 
and particularly a recent one, have been made to land within the United States con- 
victed malefactors from the kingdom of Great Britain, contrary to the rights of civil- 
ized nations, which, if not prevented, will be attended with pernicious consequences 
to the public : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
enacted, that if any ship, bark, or other vessel whatever, from any foreign country, 
shall land, in any port, <!reek, haven, or cape, within this state, or upon any lands 
within the jurisdiction thereof, any such convicts or convicted malefactors; in such 
case, the captain or master of the ship, bark, or other vessel so offending, shall forfeit 
and pay, to and for the use of this state, the sum of one thousand pounds, lawful 
money ; tliat such ship, bark, or other vessel, with her lading and appurtenances, 
shall be forfeited to and for the use of the state ; and that such penalty and forfeiture 
may be recovered by process, in any court of law in the state competent to try the 
same. 

Whereas, John Jenckes and Rowse J. Helme', Esqs., pre- 
sented unto this Assembly the following report, to wit : 

Report of the Committee aiypohrted hy the General Assemblt/ 
for ad/ustitiff the Staters Accounts mth the United States. 

The commissioners appointed to prepare and adjust this state's account against the 
United States, beg leave to report, that they have proceeded upon the business, and 
from the unsystematical and loose way of doing the public business during the time 
of the late war, found it extremely difficult to simplify and bring into order the ac- 
counts under the different heads, in the manner required by the commissioner of the 
treasury board; he requiring that all the expenditures should be arranged in the 
various and different departments, and that vouchers should be produced for the 
minutest article. From different causes, many vouchers were not to be had, and 
many necessary documents are entirely lost. However, we prosecuted the business 
with attention, stated the accounts, and received duplicates signed by Migor Haskelh 



1788.] AND PBOVroENCE PLANTATIONS. 305 

the Gommiuiouer on bebtiif of the United States, aclcnowled^'lns the receipt of the 
■ame, witli the Touchers, whleh arc contained in the tliree books now on the table- 
The whole amount of the claims cxhibiled bj youronnimissioncrs, which are receipted 
for, is five hundred and siity-eight thousand two hundred and eighty-nine pound* 
fineen shillinga and a halfpenny ia specie. The officers and Boidicrs, serving in this 
state's battalions, have a large sura due to them for depreciation, which hath been 
adjusted by a committee appointed by Your Honors, amounting to upwards of tixty- 
four thousand pounds in specie, which thej are justly eatitted to from the continent; 
but that demand was rejected, with many others. 

Mr. Chinn, who was appointed by the board of treasury to liquidate and settle the 
accounts of the inhabitAats against the Unitci! States, attended bift a short time upon 
that business ; and M^or Haskell, the commissioner aforesaid, not being empnwered 
to settle the some, the Inhabitants of this state labor under the disadrHntnge of not 
having their accounts settled ; and the individual accounts being too imall for them to 
attend at New York for the purpose of settling the same, allhoogh the aggregate 
atKH>unt will amount to a very considerable sum, the commiesionen submit it to the 
consideration of this Assembly what mode can be pointed out for their relief. 
JOHN JENCKES, 
ROWSE J. HELME, 

Cotnmittee- 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted. 

It i8 voted and resolved, that seventy-two pounds, lawful 
money, be allowed and paid out of the general treasury to 
Mr, Nathaniel Gushing, it being the amount of his account 
for services, as clerk to the commissioners for adjusting this 
state's aoxount against the United States, one month and 
six days. 

Whereas, it is the intent of this Assembly to discharge 
the domestic debt of this state as soon as it can conveniently 
be done, without putting too great burthen upon the inhab- 
itants thereof: and whereas, in the present state of the 
treasury a payment can be made unto the holders of the 
notes which carry an interest of six per centum, which were 
consolidated from the notes heretofore carrying an interest 
of four per centum per annum, — 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby directed to pay unto the holders 
of the said notes carrying an interest of six per centum per 
annum, which were consolidated from the said notes carry- 



306 KEOORDS OF THE STATE OF 'RHODE ISLAND [OOT., 

ing an interest of four per centum per annum, one quarter 
part of the principal and interest due on such notes, and 
endorse the same on the back thereof. 

It is further voted and resolved, that the collectors of 
taxes for the several towns within this state be, and they 
are, hereby empowered and directed to receive, in discharge 
of the taxes now collecting, any of the notes aforesaid of 
ten pounds and less, exclusive of the interest ; and that 
the general treasurer receive the same into the general 
treasury. 

And it is further voted and resolved, that if any of the 
holders or possessors of the said notes shall refuse or neglect 
to carry the same into the general treasury, within two 
months from and after the rising of this Assembly, and 
receive the one quarter part of such notes, the same shall 
become forfeit and enure to the benefit of this state ; and 
they shall be forever thereafter excluded from receiving the 
same. 

It is voted and resolved, that all persons holding the six 
per centum notes, and impost orders of this state, hereto- 
fore called in, who have already received either of the 
dividends of the said securities, be empowered to apply to 
the general treasurer, within two months from the rising of 
this Assembly, and receive what remains due on such securi- 
ties. And the general treasurer is hereby empowered and 
directed to pay them accordingly. 

It is ordered, that this resolve be published in the New- 
port and in one of the Providence newspapers. 

It is voted and resolved, that Mr. George Olney be, and 
he is, hereby appointed a commissioner, in addition to and 
with John Jenckes and Bowse J. Helme, Esqs, heretofore 
appointed to collect all the equitable claims which any of the 
inhabitants of this state have against the United States ; 
that they give notice thereof in the public newspapers; 
and that they finish the business as soon as may be. 

Whereas, the following report was presented unto this 
Assembly, to wit : 



nm 



1788.] 



AND PROYIDENGE PLAI9TATI0NS. 



307 



Ilepart of the Committee appointed by the General Assembly 

aSamnff payment of Pensions to Invalids. 



i'z 



m 



S>tJ 



Ml 



iWk^ 



The snbscriben being appointed a committee to examine into the allowances to be 
made to the inyalids^ do report, that the following gams be paid them in the paper cur- 
rency of this state, on account of their pensions, to wit : 

£ 8. d. 

Richard Hopkins 98 

John Smith 21 12 

Plato Wheeler 68 12 

M^or Daniel Box 249 12 

Joseph Tanner « 61 18 

Phito M'Clanning 84 

Abiel Weaver 26 12 6 

Richard Sephton 12 

Edward Pem» 286 

Charles Scott 29 

John ElUott 28 10 

Comfort Bishop 184 

George Townsend 87 6 

Anthony Foster 78 4 

Levi Cesar 126 18 

Jabez Pratt 60 16 

WUliam Emerson 40 18 

PrinceGreene 78 8 

Simeon White 76 4 

Bristol Rhodes 77 

John Anthony 140 

Matthew Henley 63 12 

WilliamBastow 74 14 

Job Greenman 169 16 6 

John Slocum 60 

Prince Vaughan 60 16 

John Armsbury 28 10 

Peter Barrows 81 6 

Robert Piper 160 

Benjamin Tompkins 180 10 

Edward Bennett 68 6 

Comfort Eddy 144 

Joseph A. Richards. 48 

Benvll Laroach : 102 6 

IVands Robertson 79 4 

Briton Saltonstall 66 16 

JackChampUn 110 12 

WiUiam Parker 42 

George Bradford 76 2 

Richard Grant 29 

Guy Watson 60 12 

DanielMonks 26 

HughM'DougaU 26 10 






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308 RECORDS OF TH£ STATE OF RHODE ISLAND [OOT.^ 

£ fl. d, 

Capt. Thomas Arnold 1220 19 6 

SouthcotLangworthy 29 18 

Joseph Button 48 

Ezra Chace 94 

Uriah Stone 200 2 

Benoni Simmons 162 12 

Simon Johnson 144 9 6 

John Mowrey 25 15 

JohnHany 60 19 

Ensign Samuel Black 153 4 

Peter Burnes 228 

Jacob Briggs 260 

Benoni Taylor , 889 2 

AbijahAdams '. 201 

Samuel Talman 194 

Jabei Remington 201 

Prince Jenckes 85 

James Chappel 108 

Thomas Richardson 15 

Edward Gavet 48 

£7,144 17 
All which is submitted by 

NATHAN MILLER, 

HENRY SHERBURNE, 

JEREMIAH OLNEY, 

Committee. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; that the said invalids severally be allowed and 
paid, out of the general treasury, the sums set against their 
respective names; and that they be accountable for the 
same. 

Whereas, the assessors of taxes for divers towns in this 
state have neglected to assess upon the inhabitants of their 
respective towns, the state tax of thirty thousand pounds, 
apportioned to the several towns at June session last, — 

It is therefore voted and resolved, that in such case, the 
assessors be, and they are, hereby empowered and directed 
to proceed forthwith to the assessing of the said tax upon 
the inhabitants of their respective towns ; that they return 
a copy of their assessment thereof to the town clerk, within 
twenty days after the rising of this Assembly ; who is here- 



1788.] AND PROVmENCB PLANtATIONB. 309 

by directed to transmit the same to the general treasurer in 
five days thereafter ; and that the general treasurer be, and 
he is, hereby directed to issue his warrants to the collectors 
of the taxes in such towns respectively, to levy and pay 
the same into the general treasury on or before the first 
day of January next. 

It is voted and resolved, that Messrs. Stephen Jenckea 
and Oziel Wilkinson be, and they are, hereby empowered 
to draw the sum of one hundred pounds, lawful money, out 
of the general treasury, on account of the money expended 
by them in repairing Pawtucket bridge. 

It is voted and resolved, that fifty pounds eight shillings, 
lawful money, be allowed and paid out of the general treas- 
ury to Henry Sherburne, Esq., in full of his account for 
attendance, as deputy secretary, upon this Assembly, at 
June session ; for bis services in searching the records and 
files of papers in the general treasurer's oF&ce, to make out 
a return of the invalids, with the allowances made them ; 
for selecting vouchers at the same office for the continental 
accounts, &c. 

Whereas, His Excellency George Clinton, president of the 
convention of New York, hath transmitted to the legisla- 
ture of this state a pwposal, that a general convention of 
the states should take place, in order that such necessary 
amendments may be made in the constitution proposed for a 
federal government, as will secure to the people at large their 
rights and liberties, and to remove the exceptionable parts 
of the said proposed constitution : and whereas, this General 
Assembly conceive it to be the indispensable duty of the 
citizens of this state to be connected in the Union with 
their sister states, if it can be done upon the principles of 
good government; and as it is necessary that, when any 
alterations are to be made in government which may affect 
the people at large, the same should originate with and be 
derived from them, — 



310 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

It is therefore voted and resolved, that the secretary forth- 
with cause to be printed a sufficient number of copies of 
Governor Clinton's letter, with the amendments proposed 
by the convention of the state of New York, and transmit 
one as soon as possible to each town clerk in the state; who 
is hereby directed, upon receipt thereof, to issue his warrant 
to call the freemen of such town to convene in town meet- 
ing, to take the same into consideration, and thereupon to 
give their deputies instructions whether they will have 
delegates appointed to meet in convention with the state of 
New York, and such other states as shall appoint the same ; 
or such other instructions as they may deem conducive to 
the public good; that this General Assembly may know 
their determination at the session to be holden by adjourn- 
ment on the last Monday in December next. 

It is ordered, that the secretary also transmit therewith 
a copy of this act to each town clerk in this state. 

It is voted and resolved, that all business lying before 
this Assembly unfinished be, and the same is, hereby re- 
ferred to the next session ; and that this Assembly be, and 
hereby is, adjourned to the last Monday in December next, 
then to meet at the state house in the county of Wash- 
ington. 

God save the United States of America. 



1788.] AND PROVIDENCE PLANTATIONS. 311 



Proceedings of the General Assembly of the State of Rhode 
Island and Providence Plantations^ at Sovih Eingstoumy an the 
last Monday in December ^ 1788. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Upon the petition of Messrs. John Whipple, William 
Wheaton, Jr., Benjamin Comstock, Samuel Young, and Jona- 
than Marsh, the directq):^ of a lottery granted to build a 
bridge and market house in Providence, praying that a com- 
mittee may be appointed to adjust their accounts, — 

It is voted and resolved, that the aforesaid petition be, 
and the same is, hereby referred to Messrs. Samuel Nightin- 
gale, Edward Thurber, and Jeremiah Olney, for inquiry and 
examination ; and that they report to this Assembly as soon 
as may be the state of the facts set forth in the said peti- 
tion, together with all the circumstances relative to the said 
lottery : provided, that no expense accrue thereon to the 
state. 

It is voted and resolved, that the act of this Assembly, 
heretofore passed, for preventing attorneys at law, while 
members of the General Assembly, from pleading to any 
private petitions, pending for trial before the General As- 
sembly, be, and the same is, hereby repealed, and declared 
to be null and void. 

It is voted and resolved, that Mr. Phinehas Edwards, a 
deputy sheriff, be, and he is, hereby directed to expose to 
sale at public vendue, at one o'clock, ibis day, in the lower 
part of the state house in South Kingstown, all the effects 
which he took from Elijah Hall, who fled from the authority 
of this state ; and that he make report to this Assembly at 
the next session. 



312 RECORDS OF THE STATE OF RHODE ISLAND [DeC, 

■ 

It is voted and resolved, that all persons who have 
received any money belonging to the state, and whose 
accounts have been audited by committees, pay the respec- 
tive balances in their hands into the general treasury w^ithin 
one month from the rising of this Assembly ; and that if 
any of the persons aforesaid shall refuse or neglect to pay 
the same into the general treasury within the time limited 
as aforesaid, an action be commenced, in the name of the 
general treasurer of this state, against every such delin- 
quent person, to a special inferior court, to be convened in 
the same manner and with the same powers as special courts 
are by law to be called and held. 

And it is further voted and resolved, that Benjamin 
Bourn, Esq., during the indisposition of the attorney gen- 
eral, be, and he is, hereby appointed to prosecute such 
actions. 

Whereas, this Assembly did, at the last session, order and 
direct the general treasurer to pay oflf one quarter part of 
the notes carrying an interest of six per centum, which were 
by him consolidated from notes of four per centum, pro- 
vided the holders and proprietors of such notes applied for 
the same before the first day of January, then next follow- 
ing : and whereas, many of the citizens of this state had no 
knowledge of the said act; and whereas, in the present 
state of the treasury the said notes can be fully paid and 
discharged, — 

It is therefore voted and resolved, that all persons pos- 
sessed of such notes, and the proprietors thereof, apply to 
the general treasurer, and receive the amount of such notes 
out of the general treasury ; and the general treasurer is 
hereby directed to pay the same on or before the first day 
of March next ; and to receive and lodge such notes upon 
file. 

It is further voted and resolved, that the general treas- 
urer pay ofi* such notes, if application be made as aforesaid, 
whether the first quarter hath been paid or not 



1788.] AND PROVIDESNCE PLANTATIONS. 313 

And it is further voted and resolved, that if any of the 
holders, possessors ^ or proprietors of the said notes shall 
refuse or neglect to apply for the same, and receive it out 
of the general treasury, on or before the first day of March 
next, such notes shall become forfeit and enure to the 
benefit of this state ; and the holders, possessors or proprie- 
tors of such notes shall forever thereafter be precluded 
from receiving the same. 

It is ordered, that this act be published in one of the 
Newport and one of the Providence newspapers. 

■ 

An Act for settling]: the differences among the Indians. 

Whereas, great uneasiness hath arisen among the Indians of the Narragansett trihe 
in this state, and divers disputes and controversies are subsisting between them 
respecting their lands : and whereas, William Sachem, David Seketer, and Christo- 
pher Harry, of the one part, and James Wappy, Daniel Skesucks, and John Skesucks, 
of the other part, appeared before this Assembly, and prayed the interposition thereof, 
and that this Assembly would appoint George Cha'uplin, Esq., of Newport, Joseph 
Noyes, Esq., Rowse J. Helme, Esq., and Mr. Walter White, or the migor part of them, 
a committee to adjust, settle and determine all disputes, controversies, matters and 
things, now subsistmg among the Indians of the said tribe, and any and all of them, 
with full power to make such rules and regulations for their peaceable government 
and good order as will tend to their pjeace and welfare : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that the said George Champlin, Joseph Noyes, Rowse J. Helme, and 
Walter White be, and they are, hereby nominated, constituted and appointed a com- 
mittee to inquire into and take cognizance of all matters and things of a civil nature 
in controversy in the said tribe between the different councils, and any and all indi- 
viduals of the said tribe ; and to make such rules and regulations among them as will 
tend to promote their happiness and welfare ; and that the determination which shall 
be made by the said committee of and concerning the premises be binding and con- 
clusive upon the said tribe, the councils and individuals thereof. 

And be it further enacted by the authority aforesaid, that the said committee also 
inquire into the trespasses which have been committed upon the lands of the said 
tribe, by the white people or others ; and that they report the most proper and effec- 
tual mode of obtaining justice to the said tribe for such trespasses. 

And it is further enacted by the authority aforesaid, that the said committee be 
authorized and empowered to run out and ascertain the disputed boundary lines of the 
lands belongmg to the said tribe, and to make and fix proper marks and boundaries 
for p>erpetuatmg the boundary lines which shall be run and ascertained by the said 
committee ; and that they make report to this Assembly as soon as may be. 

Whereas, George H. Peckham, Esq., of South Kingstown, 
preferred a petition and represented unto this Assembly, 
that by misfortunes in the late war, and by a coqtiaued 

VOL. X. 40 



314 RECORDS OF THE STATE OF RHODE ISLAND [DeC, 

sickness of five years, he is much reduced in his circum- 
stances ; and that he proposes to set up the business of 
nail-making, but is unable to erect a suitable shop, and to 
procure the necessary stock ; and thereupon the said George 
H. Peckham prayed this Assembly to grant him a lottery, 
to raise the sum of two thousand one hundred pounds, of 
the money emitted by this state in May, A. D. 1786 ; and 
that Messrs. Jonathan Hazard, Jr., Joshua Perry, Robert G. 
Sands, Samuel Segar, Samuel Curtis, Timothy Peckham, 
John Segar, and Robert Potter, Jr., or any three of them, 
be the managers of the said lottery; and the said petition 
being duly considered, — 

It is voted and resolved, that the prayer thereof be, and 
the same is, hereby granted ; that the above-named Jona- 
than Hazard, Jr., Joshua Perry, Robert G. Sands, Samuel 
Segar, Samuel Curtis, Timothy Peckham, John Segar, and 
Robert Potter, Jr., or any three of them, be the managers 
of the said lottery ; they giving bond with sufficient 
sureties, to the general treasurer, in the sum of twelve 
thousand pounds, lawful money, for the faithful discharge 
of the trust reposed in them ; and that no expense accrue 
to the state. 

Whereas, it appears by a statement of the taxes present- 
ed by the general treasurer, that many of the collectors in 
the state are greatly delinquent in the payment of the last 
state tax of thirty thousand pounds ; and it is necessary 
that the arrears of the said tax should be speedily collected 
and paid into the general treasury, — 

It is therefore voted and resolved, that the general treas- 
urer, at the expiration of thirty days from the rising of this 
Assembly, issue his executions, returnable in ten days from 
the time of their being issued, against the town treasurers 
of the several towns which shall then be delinquent in the 
payment of the said tax. 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby 



1789.] AND PROVIDENCE PLANTATIONS. 315 

referred to the next session; and that this Assembly be, 
and the same is, hereby adjourned to the second Monday 
in March next, then to meet at the state house in East 
Greenwich. 

God save the United States of America. 



Proceedings of the General Assembk/ of the Hiaie of Rhode 
Island and Providence Plantations, at East Greenwich, on the 
second Monday- in March, 1789. 

His Excellency John Collins, Governor. ^ ^ 

The Hon. Daniel Owen, Deputy Governor. 

An Act to incorporate certain persons, by the name of the Prori^ence ABSociation of 

Mechanics and Manafactarers. , 

Wliereas, divers persons have petitioned this Assembly for an act of incorporation, 
whereby they may be enabled to promote certain purposes hereinafter mentioned : 
therefore. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that the said petitioners, to wit : Barzillai Richmond, Charles Eeene, Amos Atwell, 
Bennett Wheeler, Elijah Bacon, Levi Hall, Daniel Jacffson, Daniel Stillweil, John 
Carlile, William Richmond, Nicholas Easton, Caleb Wheaton, Bet\jamin Allen, John 
Gibbs, Elihu Peck, Michael Metcalf, Comfort Wheaton, Joel Metcalf; Joshua Linley, 
Caleb Ormsbee, Nehemiah Sweet, Samuel Clarke, James Ormsbee, Benjamin Taylor, 
William Paul, Isaac Greenwood, Jeremiah Russell, John Carlile, Jr., Bepjamin F. 
Carlile, Israel Davis, Gershom Jones, Samuel Thurber, Jr., Edward Taylor, Nathaniel 
Dana, Peter Grinnell, Charles Holden, Thomas Greene, Nathaniel Gushing, William 
Wheaton, Esek Eddy, Joseph Fuller, James Burrill, Peter Taylor, Job Danforth, 
John Carpenter, Tin.othy Gladding, Jeremiah Jenckes, Aaron Wright, Martin Sea- 
mans, Walker Harding, Asa Franklin, Philip Peckham, Benjamin Latham, James 
Peckham, Josiah Green, Robert Hudson, Calvin Walker, Richard Anthony, Isaac 
Bowen, Benjamin Brown, John Lee, Joseph Anthony, George Bradford, William 
Seamans, Simeon Ingraham, Melzar Packard, Jesse Salisbury, John Gonsalvo, Aaron 
Seamans, Jabez Gorham, Benjamin Davis, Allen Gladding, John Laasell, Jonathan 
W. Coy, Ward Cowing, Jonathan Wallen, Joseph Rawson, Joseph S. Sampson, and 
Nicholas Branch, together with such others as they shall elect from time to time, shall 
be forever hereafter a body corporate and politic, in &ct and name, by the name of the 



316 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

m 

ProTidence Aseociatioo of Mechanics and Manufacturers, for the purpose of promoting 
industry, and giving a just encouragement to ingenuity, that our own manufactures 
may be improved, to the general advantage not only of the manufacturers themselves, 
but of the state at large ; and for raising a fund, by free and voluntary subscriptions, 
contributions, legacies, donations, and in such other manner as is hereinafter men- 
tioned, to be appropriated as the association may direct, for the purposes aforesaid. 
And the said association is liereby empowered to take, receive and hold all and any 
voluntary subscriptions, donations, contributions, legacies, &c., of any sum or sums of 
money, or of any real or personal estate, and also to have, possess and acquire lands, 
tenements, hereditaments, or any goods and chattels whatsoever, and the same to let, 
lease, grant, demise, aliene, bargain, sell, convey and dispose of, by deed or deeds, 
under their seal, at their own will and pleasure ; and shall and may be persons capajble 
in law, fls a body corporate, to sue and be sued, to plead and be impleaded to, to 
answer and be answered unto, to defend and be defended against, in all coutts and 
places, and before all proper judges whatsoever, in all and in singular suit and suits, 
causes and actions, of what kind soever, in thei fullest and amplest manner. And if 
it shall happen that the said association shall become seized of lands or tenements, by 
mortgage, as security fur payment of any debt or debts, or by levying execution on 
lands or tenements, for discharging any debt or debts that shall be due to the said 
association, it shall be lawful for them by deed, under their seal, to sell and convey 
the lands and tenements acquired by cither of the said two mentioned ways. 

And be it fUrther enacted by the authority aforesaid, that there shall be a meeting 
of the said association in the town of Providence, on the second Monday in April, 
yearly, forever; at which time, for the better ordering and managing the affiiirs of the 
^id association, they shall, out of their own body, by a majority of the members 
present, by ballot, elect a president, a vice president, a treasurer, and a secretary, and 
such other officers as they shall judge necessary ; and all officers chosen as aforesaid 
shall, before they are qualified to act, be sworn or affirmed to the faithful performance 
of their respective trusts. 

And be it further enacted by the authority aforesaid, that the said association shall 
have a common seal, which it shall be lawful for them to alter, change, break, and 
make new at pleasure ; and that the said Providence Association of Mechanics and 
Manufacturers, by the name aforesaid, they and their successors, shall have perpetual 
succession. 

And be it farther enacted, that the aforesaid Barzillai Richmond be the first presi- 
denf; the aforesaid Charles Keene, the first vice president; the aforesaid Amos 
Atwell, the first treasurer ; and the aforesaid Bennett Wheeler, the first secretary of 
the said association ; to continue in their respective offices until the second Monday in 
April next. 

And be it further enacted, that all donations to the said association, by voluntary 
subscription, contribution, legacy or otherwise, shall make a part of and be put into 
the capital stock or tand of the said association, to be appropriated as they may direct 
for the' purposes aforesaid. 

And be it further enacted, that the said association, at any of their stated meetings, 
shall have, and there is, hereby granted to Uiem full power to elect into their body 
such persons as they shall judge proper, and to make such rules, orders, and by-laws, 
and to alter the s'lme, as they shall judge needful, for the better government of the 
said association : provided, that such rules, orders, and by-laws be not. repugnant to 
the laws of the state. 

And be it further enacted, that any thirteen of the members, (the president, or vice 
president, or treasurer, or secretary, always to be one,) being convened at any regular 
time of meeting, are hereby declared to be a quorum of said association. 



1789.] AND PROVIDENCE PLANTATIONS. 317 

And to the end that the members of the said association, and all contributors thereto, 
may know the state of their stock, and the disposition thereof, — 

Bo it enacted by the authority aforesaid, that fair entries shall be made, in proper 
books to be provided for the purpose, of all donations, legacies, subscriptions, contri* 
butions, Ac, made to the said association ; and of all estates, both real and personal, 
belonging to them, and of the income thereof; and also of all their transactions, either 
by themselrea, or by their officers, or by their committees, for and on account of the 
said association ; and the said books shall be brought to each stated meeting, and 
shall there be opened for the perusal and examination of the members of the said 
association. 

And be it further enacted, that the said association have, and there is hereby granted 
to them, powers to affix a sum, to be paid on the admission of any new member, not 
exceeding two silver dollars ; as also the sum which shall be paid annually by each 
member ; and to alter the same at pleasure : provided, always, that these powers shall 
not be exercised except at an annual meeting. 

And be it further enacted, that if ever there shall be a less number than thirteen 
belonging to thd said association, then and in that case the said association shall cease; 
and the remaining funds shall be distributed among the widows and orphans of those 
who, at the time of their decease, were members of the said association, under the 
direction and at the discretion of the town council of the town of Providence for the 
time being. 

And it is further enacted by the authority aforesaid, that a fair charter be made out 
by the secretary, agreeably to this act ; that the seal of the state be thereto affixed : 
that it be signed by His Excellencj^ the governor; and that the same shall invest the 
said association, by the name aforesaid, with all the powers and authorities by this act 
intended to be granted and cohveyed. 

An Act for the more speedy dispossessing of lessees, who 
hold over the term of their leases. 

Ah Act for the naturalization of Samuel Elam, merchant. 

An Act empowering Samuel Elam to sell and disposie of 
the real estate which Gervas Elam, of Portsmouth, in the 
county of Newport, died seized of. 

An Act for paying oflf the whole of the state's securities 
and orders on the general treasury now outstanding, ex- 
cepting the six per cent, notes heretofore declared to be 
forfeited, whereof no part hath been paid, and which did 
not originate from the four per qent. notes. 

An Act for granting and apportioning a tax of twenty 
thousand pounds, lawful money, upon the inhabitants of 
this state. 

[For the above acts at length, see Schedule.] 



318 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

Whereas, an act was passed at the General Assembly, 
held in August, A. D. 1777, intituled, ^^An Act to prevent 
the distilling into any kind of spirits whatever, Indian com, 
rye, barley, oats, or cider:" and whereas, the principal 
reasons which induced the Assembly to pass the said act 
have ceased to exist, — 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is hereby enacted, that the 
said act be, and is, hereby repealed, and rendered null and 
void ; and that all forfeitures which have been incurred by 
a breach of the same since the expiration of the late war, 
be, and hereby are, released and discharged*; provided, 
that no prosecution hath been instituted for the recovery 
thereof. 

It is voted and resolved, that the petition of Mr. Samuel 
Elam, late of the city of Leeds, in the kingdom of Great 
Britain, but now resident in the United States of America, 
praying that he may be naturalized ; and that he may be 
empowered to make sale of the real estate of Gervas Elam, 
late of Portsmouth, in the county of Newport, deceased, for 
the benefit of the heirs, be granted; and that acts for 
the purposes aforesaid, be prepared and laid before this 
Assembly. 

Whereas, Caleb Harris, Esq., late collector of impost for 
the county of Providence, preferred a petition and repre- 
sented unto this Assembly, that before the act of the Gen- 
eral Assembly was passed, preventing the reception of 
impost orders in the general treasury, he had received such 
orders in payment of the impost to the amount of upwards 
of two hundred and fifty pounds; that including the said 
orders, which he hath lodged with the general treasurer, he 
hath paid into the general treasury the whole of the money 
due from him as collector as foresaid ; but that the general 
treasurer declines receiving the said orders, and giving him 
a discharge ; and thereupon the said Caleb Harris prayed 
this Assembly to direct the general treasurer to receive 



1789.] AND PROVIDENCE PLANTATIONS. 319 

the said orders so lodged with ^ him, and give [him a dis- 
charge for the amount of the same ; which being duly con- 
sidered, — 

It is voted and resolved, that the prayer of the aforesaid 
petition be, and the same is, hereby granted ; and that the 
general treasurer receive the said impost orders, and give a 
discharge, according to the prayer thereof. 

It is voted and resolved, that the following allowances, in 
lawful money, be made to the under-named invalids within 
this state, on account of their pensions ; that they be, and 
hereby are, severally empowered to draw out of the gen- 
eral treasury the sums set against their names respectively; 
and that they account for the same, to wit : — 

£ 8. d. 

Richard Hopkins 54 

JohnSmith 12 

Plato Wheeler 86 

Major Daniel Box i 96 

Joseph Tanner 30 

Plato M'Clanning 21 

Abiel Weaver 15 

Richard Sephton 18 

Edward Peirce. 36 

Charles Scott 18 

John Elliott 12 

Comfort Bishop 24 

George Townsend 21 

Anthony Foster 36 

Levi Cesar 24 

Jabez Pratt 80 

William Emerson 20 

PrioceGreene 80 

Simeon White 80 

Bristol Rhodes 30 

John Anthony 36 

Matthew Henley 30 

William Bastow 24 

Job Greenman 30 

John Slocum 36 

Prince Vaughan 88 

John Armsbury 24 

Peter Barrows 40 

Robert Piper 80 

Bei^jamin Tompkins 36 

Edward Bennett 30 

Comfort Eddy 36 



320 RECORDS OF THE STATE OF RHODE ISLAND [MaRCH, 

X s. d. 

Joseph A. Richards 24 

Benvil Laroach 36 

Francis Roberteon 36 

Briton SaltODstall 30 

JackChamplin 86 

William Parker 42 

George Bradford 36 

RichardGrant 24 

GuyWateon 27 

DanielMonks 24 

HughM'Dougall 14 

Capt. Thomas Arnold 144 

SouthcotLangworthy. 24 9 

Joseph Button 24 

EzraChace 86 

UriahStone 86 

Bcnoni Simmons 86 

Simon «^hnson 80 

John Mowrey 27 

JohnHany 38 

Ensign Samuel Black 86 

Jacob Briggs 86 

Benonl Taylor 86 

AbijahAdams 86 

SamuelTalman 86 

Jabez Remington 86 

Prince Jenckes 86 

James Chappel 40 

Thomas Richardson 45 

Edward Gavet 86 



^2,070 



Upon the petition of the town of Exeter, representing 
that the Ten Rod road, so called, leading through the said 
town, runs over large mountains, and through morasses, 
which makes a number of exchanges necessary, to render it 
convenient; and praying that the town council of the said 
town may be empowered to make them, — 

It is voted and resolved, that the town council of the 
said town, for the time being, be, and hereby is, fully em-' 
powered to revise and relay the said highway ; and to make 
such exchanges therein as will be of public utility ; that 
upon such revision, relaying, and making the necessary ex- 
changes, setting up and erecting suitable monuments, and 



1789.] AND PROVIDENCE PLANTATIONS. 321 

making a plat of the same^ and lodging it in the town 
clerk's office of the said town, the same shall be the proper 
road or highway through the said town of Exeter, called 
and known by the name of the Ten Rod road ; and as the 
said revision and exchanges will be made at the request of 
the said town, that the whole expense thereof shall be 
defrayed by the said town, without any cost to the state at 
large. 

Whereas, Rowse J. Helme and William Barton, Esqs., pre- 
sented unto this Assembly the following report, to wit : 

Report of the Committee appointed hy the General AuemhJy 
aUotmng compensation to William Potter for military services. 

The Bubscribers, being appointed by the Honorable General Assembly, to inquire 
into and make report upon the petition of Capt. William Potter, late an officer in the 
Rhode Island line, in Continental service, beg leave to inform Yuur Honors, that by 
the documents we have seen, it appears that he was a captain in the Continental ser- 
▼ice, in Col. Angell's battalion ; that on the 1st day of March, A. D. 1779, he was left 
out of the muster roll and pay abstract as a supernumerary officer, but did do duty 
until the 1st of June, A. D. 1779, when he received a furlough from Gen. Gates to be 
absent twelve months from the camp ; that the said William Potter received pay to 
the Ist of October, A. D. 1779, which we suppose to have been in Continental money, 
and nominal ; that it doth not appear that any depreciation was allowed him tor his 
wages ; and that there is due to the said William Potter the sum of ninety -six pounds 
in real iponey, for eight months' wages, for wliich he hath received nothing. 
All which is submitted by BOWSE J. HELME, 

WILLIAM BARTON, 

Committee. 

And the said report being duly considered, — 

It is voted and resolved, that the same be, and hereby is, 
accepted ; and that the said William Potter be empowered 
to draw the sum of three hundred and sixty pounds, lawful 
money, out of the general treasury, to be accounted for by 
him in the final settlement of his accounts. 

It is voted and resolved, that a tax of twenty thousand 
pounds, lawful money, be assessed and levied upon the polls 
and estates of the inhabitants of this state, to be paid into 
the general treasury on or before the first day of June 
next; and that the same be apportioned unto the several 

▼OL. z. 41 



322 RECORDS OF THE STATE OF RHODE ^SLAND [MaRCH, 

towns in the same manner that the last state tax was appor- 
tioned. « 

Whereas, a committee was appointed by this Assembly at 
the session in June last, upon the petition of the town of 
Glocester, to relay and open the road leading from the Con- 
necticut line, easterly through Glocester, Smithfield, Johns- 
ton, and North Providence, to the town of Providence; 
which road was in the said petition represented to be much 
encroached upon by individuals, to the great detriment of 
the public ; and whereas, the said committee were limited 
in point of time to the first day of November last, in which 
to effect the said business ; and Moses Cooper, Esq., one of 
the said committee, declined accepting his appointufient, 
and the said business remains undone, — 

It is therefore voted and resolved, that the Hon. Daniel 
Owen, of Glocester, Mr. Stephen Brayton, of Smithfield, 
Caleb Harris, Esq., of Johnston, and Thomas Olney, Esq., 
of North Providence, be, and they, or the major part of 
them, are hereby appointed a committee, on the best evi- 
dence they can procure, to relay and open the said road 
from said Connecticut line through the said towns to Provi- 
dence boundary line, three rods wide, agreeably to its origi- 
nal laying out ; that they proceed upon the said business 
immediately ; that no expense accrue to the state on account 
of the relaying and opening the said road ; but that the 
just demands of each of the said committee, for their ser- 
vices, be paid by the towns to which they respectively 
belong. 

It is voted and resolved, that Rowse J. Helme, Samuel J. 
Potter, and John Gardner, Esqs., with Mr. Rowland Brown, 
be, and they are, hereby appointed a committee, to inquire 
after a suitable lot on Little Rest Hill, in South Kingstown, 
on which a gaol may be erected, for the county of Wash- 
ington ; and that they report the sum for which such a lot 
may be purchased, together with a plan of a proper build- 
ing for a gaol, with the dimensions thereof 



1789,] AND PROVIDENCE PLANTATIOK& 323 

Whereas, it is represented to this Assembly, that many 
of the good citizens of this state, who have just claims 
against the United States, from a misapprehension of the 
acts appointing commissioners to receive the same, have not 
yet brought them in, and it is necessary that the said com- 
missioners should be continued, — 

It is therefore voted and resolved, that the commissioners 
appointed to receive and examine the unliquidated claims 
of the citizens of this state against the United States, be 
continued for the term of three months from the rising of 
this Assembly; that they be fully, empowered to receive aff 
unliquidated equitable claims of any of the inhabitants of 
this state against the United States for services done, for 
bounties given for the raising Continental troops, and for 
supplies furnished during the late war; that they also 
receive claims for damages and depredations done to and 
upon the property of the citizens of this state, either by the 
British or American troops, an account whereof hath* not 
already been taken ; and that the said commissioners notify 
by advertisements in all the public newspapers, the claimants 
to exhibit their respective claims within the time above 
limited, upon pain of being forever thereafter excluded. 

Upon the petition of John Malbone, Esq., of Newport, 
as next friend to Joseph Wanton, an infant, 'orphan son 
of Joseph Wanton, Jr., Esq., deceased, representing that 
the said infant is without any support but what charity 
affords; and praying that the farm on Jamestown, late 
belonging to the said Joseph Wanton, deceased, now in 
the possession of the state, may be assigned for the support 
and education of the said infant, — 

It is voted and resolved, that the said John Malbone, as 
a trustee to and for the said estate, take possession thereof, 
and lease the same for the year ensuing, and make inquiry 
into the damages done thereon; and that this Assembly 
will, at the next session, take the said petition into further 
consideration. 



324 



BECORDS OF THE STATE OF BHODE ISLAND 



[Mat, 



It is voted and resolved, that all business lying before 
this Assembly unfinished be, and the same is, hereby re- 
ferred to the next session ; and that this Assembly be, and 
hereby is, adjourned to the first Tuesday in May next, then 
to meet at the state house in Newport, if called ; but 
if not called before, nor at that time, then that this Assem- 
bly be, and hereby is, dissolved. 

God save the United States of America. 



Proceedings of the Genial Assemb^ of. the State of Itltode 
Island and Providence Plardations, at Newport^ on the first 
Wednesday in May^ 1789. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 



John Williams, Esq., 
Sylvanus Sayles, Esq., 
James Arnold, Esq., 
Caleb Gardner, Esq., 
John Cooke, Esq., 

Newport. 
George Hazard, Esq., 
Henry Marchant, Esq., 
George Champlin, Esq., 
Mr. Peleg Clarke, 
Mr. William Tripp, 
George SeaiB, Esq. 



ASSISTANTS. 

James Congdon, Esq., 
Joseph W. Tweedy, Esq., 
Thomas Coggeshall, Esq., 
John Dor ranee, Esq., 
Thomas Hoxsie, Esq. 

DEPUTIES. 

Providence. 
John Jenckes, Esq., 
Jabez Bowen, Esq., 
Benjamin Bourne, Esq., 
Mr. Amasa Gray. 



1789.] 



AND PROVIDENCE PLANTATIONS. 



326 



Portsmouth. 
Elijah Cobb, Esq., 
Job Durfee, Esq., 
Benjamin Hall, Esq., 
Burrington Anthony, Esq. 

Warwick. 
Mr. Gideon Arnold, 
Beniamin Arnold, Esq., 
Mr. Benjamin Gr;ene, 
Mr. Samuel Budlong. 

Westerly. 
Joseph Noyes, Esq., 
Mr. Walter White. 

^ew Shoreham. 
Bowse J. Helme, Esq. 
North EMgstoum. 
Sylvester Gardner, Esq., 
Bowen Card, Esq. 

South Kingstown. 
Samuel J. Potter, Esq., 
Jonathan J. Hazard, Esq. 

East Greenwich. 
Mr. James Sweet, 
Job Comstock, Esq. 
Jamestown. 
Mr. John Howland, 
Mr. John Eldred. 
Smithfield. 
John Sayles, Esq., 
Andrew Waterman, Esq. 

^cituaie. 
Peleg Fiske, Esq., 
James Aldrieh, Esq. 

Glocester. 
Seth Hunt, Esq., 
^ Timothy Wilmarth, Esq. 



Charlestown. 
Joseph Stanton, Jr., Esq., 
Mr. Jonathan Hazard, Jr. 

West Greenwich. 
Mr. William Mathewson, 
Mr. Caleb Hall 

Coventry. 
Jeremiah Fenner, Esq., 
William Burlingame, Esq. 

Exetef\ 
Mr. Joseph Reynolds, 
Mr. Job Wilcox. 

Mddletotvn. 
Joshua Barker, Esq., 
Mr. James Potter. 
Bristol. 
William Bradford, Esq., 
Shearjashub Bourne, Esq. 

Tiverton. 
Benjamin Howland, Esq., 
Mr. Thomas Durfee. 
IMtle Compton. 
Mr. George Simmons, 
Fobes Little, Esq. 
Warren. 
Mr. Samuel Peirce, 
Nathan Miller, Esq. 
Oumberland. 
Mr. Elijah Brown, 
John Lapham, Esq. 
Richmond. 
James Sheldon, Esq., 
Mr. Thomas James. 

Cranston. 
George Waterman, Esq., 
Mr. William Potter. 



326 RECORDS OF THE STATE OP RHODE ISLAND [MaY, 

HopMnton. Barrington. 

David Nichols, Esq., Samuel Allen, Esq., 

George Thurston, Esq. Joshua Bicknall, Esq. 

Johnston. Foster. 

Mr. William Waterman, Mr. Jonathan Hopkins, Jr., 

Noah Matthewson, Esq. William Howard, Esq. 

North Providence. 
Mr. Edward Smith, 
Elisha Brown, Esq. 

V 

The Hon, Joseph Stanton, Jr., speaker, and Daniel Up- 
dike, Esq., clerk. 

Henry Ward, Esq., secretary. 

David Howell, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

DELEGATES TO REPRESENT THE STATE IN CONGRESS. 

The Honorable Peleg Arnold, Esq. 
The Honorable Jonathan J. Hazard, Esq. 
The Honorable Thomas Holden, Esq. 
The Honorable John Gardner, Esq. 

Cromel Child, Esq., eighth assistant, in the room of 
Thomas Coggeshall, Esq., who declined. 

JUSTICES OF THE SUPERIOR COURT. 

Othniel Gorton, Esq., chief; William West, Esq., second ; 
Stephen Potter, Esq., third ; Walter Cooke, Esq., fourth ; 
Simeon Clarke, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

Thomas Freebody, Esq., chief; Jonathan Freeborn, Esq., 
second; Gideon Wanton, Esq., third; Oliver Durfee, Esq., 
fourth ; Fobes Little, Jr., Esq., fifth. 



1789.] AND PROVIDENCE PLANTATIONS. 327 



JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Ebenezer Thompson, Esq., chief; Caleb Harris, Esq., sec- 
ond; Abraham Mathewson, Esq., third; John Burton, Jr., 
Esq., fourth ; Stephen Steere, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Freeman Perry, Esq., chief; Robert Potter, Esq., second; 
Edward Wells, Esq., third ; Benjamin Hoxsie, Esq., fourth ; 
Ezekiel Gardner, Jr., Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR BRISTOL COUNTY. 

Joseph Reynolds, Esq., chief; Elkannah Humphrey, Esq., 
second; James Miller, Esq., third; Jacob Saunders, Esq., 
fourth ; Joseph Read, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Stephen Arnold, Esq., chief; Gideon Waite, Esq., second ; 
Anthony Low, Esq., third ; Archibald Kasson, Esq., fourth ; 

Joseph Fry, Esq., fifth. 

» 

JUDGE OF THE COURT OF ADMIRALTY. 

Ambrose Page, Esq., judge of the court of admiralty, 
within and throughout the state. 

SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Nehemiah Knight, Esq, 
Washington County — Beriah Brown, Esq. 
Bristol County — Shubael Kinnicut, Esq. 
Kent County — Jonathan Niles, Esq. 

Both houses being joined in a grand committee, proceed- 
ed upon the election and chose the following gentlemen, 
to wit: 



328 RECORDS OF THE STATE OF RHODE ISLAND [MaT, 



COLLECTORS OF IMPOST. 

Mr. John Wanton, collector of impost for the county 
of Newport 

John Mathewson, Esq., collector of impost for the county 
of Providence. 

Benedict Dayton, Esq., collector of impost for the county 
of Washington. 

Cromel Child, Esq., collector of impost for the county 
of Bristol. 

Job Comstock, Esq., collector of impost for the county 
of Kent. 

FIELD OFHCERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

Joseph Stanton, Jr., Esq., major general of the militia of 
the state. 

John Malbone, Esq., brigadier general of the militia of the 
county of Newport. 

Simeon Thayer, Esq., brigadier general of the militia of 
the county of Providence. 

Samuel J. Potter, Esq., brigadier general of the militia 
of the county of Washington. 

Thomas Holden, Esq., brigadier general of the militia of 
the county of Kent. 

It is voted and resolved, that the sum of three hundred 
pounds, lawful money, be allowed and paid out of the gen- 
eral treasury, to the Hon. Daniel Owen, in part of his 
salary as deputy governor of the state for the two last 
years. 

Whereas, Major William Bradford, of the regiment lately 
under the command of Colonel Sherburne, presented a 
petition unto this Assembly, praying for the payment of 
five months' wages still due to him : and the said petition 
was referred to a committee, who made the following report 
thereon, to wit : 



1789.] AKD PBOTIDBMOB PLAHTATIOHS. S29 

Resort of the CommMee appmnied hy the General Assemh^f 
upon the PdHion of William Brat^ord. 

The lutMcriben report, that it ippean M^or Bradford'* icconnt fbr depreciation 
WAS adjoated and paid by thi* itate to Aagatt l)t, A. D. ITBO; and that there li now 
' due to liim fl*e month* paj a* certified by John n«rce, E*q-i l^t^ paymaitor Bmeial 
to tlie tnwM of the United State*. 

JOHN JEHCEE8, 
BENJAHIN BOXTBNE, 

Committee. 

AU of which being duly coneidered, — 
It is voted and resolved, that the sum of four hundred 
and fifty pounds, lawful money, be allowed and paid out of 
the general treasury to the said William Bradford upon 
account 

It is voted and resolved, that those towns which have not 
assessed the last tax ordered to be levied by this Assembly, 
be allowed twenty days from the rising of this Assembly, to 
assess the same; and that the said tax be collected and paid 
. into the general treasury by all the towns in the state by 
the first day of July next Any act to the contrary not- 
withstanding. 

It is voted and resolved, that the sum of three hundred 
and fifty pounds, lawful money, be allowed and paid out ol 
the general treasury to John Gardiner, Esq., on account 
of his services as a delegate from this state in the late 
Congress. 

Whereas, divers inhabitants of the town of Hopkinton 
preferred a petition and represented unto this Assembly 
that, at the place in said town oalled Hopkinton city, anc 
within about a mile thereof, there is a considerable numbei 
of inhabitants, calling themselves Protestant Baptists ; tha 
there is no Baptist meeting house nearer than about fiv" 
miles; that the said inhabitants are generally poor, and una 
ble to bnild a meeting house, without assistance ; and tha 
by reason thereof the public worship of the Supreme Bem 
is in a great measure neglected ; and thereupon they prayi 
this Assembly to grant them a lottery, to nuse the sum 



330 RECORDS OF THE STATE OF RHODE ISLAND [MaT, 

four hundred pounds, real mo^ey, or produce equivalent, for 
the express purpose of building a meeting house under the 
direction of Messrs. George Thurston, Thomas Wells, and 
Henry Clarke. That the said directors be also a committee 
to complete the said building ; and that they have the care 
thereof when built. And whereas they further prayed this 
Assembly to order and enact that the said meeting house 
shall belong to the said inhabitants and their successors in 
the following manner, that is to say, the people called Sab- 
batarian or Saventh-Day Baptists, shall "have a right to im- 
prove the said meeting house every other, or one-half of 
the Sabbaths or Seventh Days, and those other people called 
Separates, or New Light Baptists, that observe the seventh 
day as a Sabbath, have a right to the other half of the 
Sabbaths, or seventh days ; and that those called First Day 
Baptists, have a right to the said meeting house all the Sun- 
days, or so often as they have need, or a preacher, on the 
first day of the week." And that when the said meeting 
house shall need repairing, if either of the said parties or 
denominations shall refuse or neglect to pay their propor- 
tion (estimating each of them to be at one-third part,) of 
the expenses thereof, such party or denomination shall for- 
feit all their right and privilege in and to the said meeting 
house. On consideration whereof — 

It is voted and resolved, that the said petition be, and the 
same hereby is, granted ; that the said George Thurston, 
Thomas Wells and Henry Clarke, be appointed directors 
of the said lottery ; they giving bond in the usual manner 
for the faithful discharge of their trust ; and that no ex- 
pense accrue to the state in consequence of granting the 
said lottery. 

It is voted and resolved, that one hundred and twenty, 
seven pounds sixteen shillings, lawful money, be allowed 
and paid out of the general treasury to Mr. Robert Rodman, 
it being the amount of his account for supporting Mingo 
Rodman, who enlisted into one of the Continental battalions 



1789.] AND PROVIDENCE PLAMTATlONa. 331 

raised by this state, and is now become chargeable to the 
state, from September 8th, A. D. 1788, to April 13tb, 
A. D. 1789. 

It is voted and resolved, that Peleg Arnold, Esq., be, and 
he is, hereby empowered to draw the sum of fonr hundred 
pounds, lawful money, out of the general treasury, in part 
of his account as a delegate from this state in the late 
Congress. 

An Act for lerying and collecting certain duties and impoita within this itate . 

Wliereu, elevea of the atate* belonging to the late ConrederatioQ of the Coiled 
Statei, hare orgaoized themeeWea into a Dew Confederacy', aid are preparing bj their 
geoeral lei^Blature to levj and collect suatlr; dutie* and importa on goods, ware» and 
merchandiae, imported from foreign porta. And wbereaa, it bath become neceiaar; 
Ibr this state to take some eflectuaL meaaure for the lerjing and collecting aimilar 
dutiea vithin thja state, to be placed in the treaaury thereof for aimilar purpotes. 

Be it enacted bj this general awembl}', and by the authority thereof it is faetebj 
enacted, that the same duties and ioipastB, whether hy per cent, ad valorutn, or on 
■pedfled articles, or olherwiee, be levied and collected upon all gooda, wares and mer- 
chandise, imported into tbia atate, whether by land or water, aa maj be ordered to be 
levied and collected upon similar gooda, warea and mercliandise, imported either hj 
land or water into any of the said eleven states, by and under the authority of the 
■aid eleven atates, by their said general legislature, by any tavi, acts or ordinances, 
made and passed, or to be made and passed by the said general legislature ; and that 
the several officers appointed for collecting the impost heretofore levied in tliia atale, be 
authorized, directed and required to carry this act into eSectual execution, at and from 
the same time appointed, or to be appointed by the said general legislature of the said 
eleven states for beginning to collect the aaid duties and imposts in the said state*, 
and on Ibe principlca and terms of the acta and ordinances of the aaid eleven alatea 
mulatia mutandia. 

Be it further enacted by the authority afbresaid, that the duties and impoata hereby 
required lo be levied as aforesaid witbin tbis stale, alialt be paid in the same kind of 
moneys, or other things, in wliich the said duties and imposts to be levied and collected 
in tbe said eleven states, shall be payable under the laws or ordinances by them paaaed 
or lo be passed for collecting the same. 

It is voted and resolved, that all business pending before 
this Assembly, unfinished, be, and the same is, hereby re- 
ferred to tbe next session ; and that this Assembly be, and 
hereby is, adjourned to the second Monday in June next, 
then to meet at the State House in Newport 

God save the State. 



332 RECORDS OF THE STATE OF RHODE ISLAND [JUNE^ 



Proceedings of the General Assembly of the State of Rhode 
Island and Providence Plantations^ at Newport^ on the second 
Monday in Juncy 1789. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

An Act laying an embargo on Grain. 

Be it enacted bj this General Assembly, and by the authority thereof it is enacted, 
that'fVom and after the passing this Act, no person or persons shall transport out of 
this state by land or water, or ship on board any yessel, boat or water-craft, for trana- 
portation, any wheat, rye, Indian com, or barley, or any rye or barley flour, or meal, 
or Indian meal, upon pain of incurring the forfeiture of such articles shipped or trans- 
ported as aforesaid, and double the value thereof; to be recovered by bill, plaint, or 
information, in any Court proper to try the same ; one-half to him or them who shall 
prosecute the same to effect, and the other half to the public treasury of this state. 

Provided always, that nothing herein contained shall extend to hinder any person or 
persons from shipping on board any vessel or vessels in the ports in this state, any of 
the articles aforesaid, necessary for stores for the men or stock on board such vessel or 
vessels ; bills of which stores being allowed by an assistant or justice of the peace, re- 
gard being had to the number of men, the stock on board, and the length of the voyage 
intended. 

Be it further enacted by the authority aforesaid, that nothing in this Act shall be 
construed to prevent any of the inhabitants aforesaid, from carrying any of the above 
kinds of grain to any grist mill in their vicinity without the state, for the sole purpose 
of having the same ground into meal for the use of the inhabitants of this state* 
That his Excellency the Governor be, and hereby is, requested to issue his proclama- 
tion immediately, therein calling upon and requiring all the executive officers of this 
state, as well as the citizens in general, to be aiding and assisting in carrying this abt 
into effectual execution, without delay. That a copy hereof be transmitted by express 
to the sherifi^ of the several counties ; and that the same be published in all the pub- 
lic newspapers in the state. 

An Act in addition to an Act passed in March last, for relaying and opening the road, 

leading from Killingly, in Connecticut, to Providence. 

It is voted and resolved, that the committee, named in the said Act, be continued, 
with the several powers and authorities heretofore vested in them, until the first day 
of November next ; that they be further authorized arid directed, in relaying the said 
road, to relay the same in the actual route or usual travelling patli thereof, wherever 
the same may be judged by them preferable to the original laying out; and that the 
several towns, through which the said road passeth, defray the actual expense of 
relaying the same within their respective bounds and no more. Provided, that the 
said committee be authorized to straighten the said road, on the said present route, or 
in the said new laying out, according to their best discretion, and with the consent of 
the owners of the soil, on both sides the way, where such straightening may be 
thought needfdl. 



1789.] 



AND PROVIDENCE PLANTATIONS, 



333 



It is voted and resolved, that there be allowed and paid 
out of the general treasury, in lawful money, to the under- 
named invalids, the sums affixed to their names respect- 
ively, on account of their pensions ; and that they severally 
account for the same, to wit : 

£ «. d. 

Richard Hopkina 108 

JohnSmith 24 

Plato Wheeler : 72 

Migor Daniel Box 192 

Joseph Tanner 60 

Plato M'Clanning 42 

Abiel Weaver 80 

Richard Sephton 86 

EdwardPeirce : 72 

Charles Scott J 86 

John Elliott 24 

Comfort Bishop 48 

George Townsend 42 

Anthonj Foster ;. . 72 

Levi Cesar 48 

Jabez Pratt 60 

William Emerson 40 

PrinceGreene 60 

Simeon White 60 

Bristol Rhodes 60 

John Anthony 72 

Matthew Henley 60 

WilliamBastow 48 

Job Greenman 60 

John Slocum 72 

Prince Yaoghan 66 

John Armsbury 48 

Peter Barrows 80 

Robert Piper 60 

Beqjamin Tompkins 72 

Edward Bennett 60 

Comfort Eddy 72 

Joseph A. Richards 48 

BenvilLaroach 72 

Francis Robertson 72 

Briton Saltonstall 60 

JackChamplin 72 

William Parker 84 

George Bradford 72 

RichardGrant , 48 

GuyWatoon 64 

DanielMonks 48 

Hugh M'DougaU 28 






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334 BECORDS OF THE STATE OF RHODE ISLAND [JuNE, 

£ 8. d, 

Capt. Thomas Arnold 288 

Soathcot Langvorthy 48 

Joseph Button 48 

EzraChace 72 

UriahStone 72 

Bcnoni Simmons 72 

Simon Johnson 60 

John Mowrey 64 

JohnHany 66 

Ensign Samuel Black 72 

Jacob Briggs • 72 

Benoni Taylor 72 

AbyahAdams 72 

SamuelTalman 72 

Jabez Remington 72 

Prince Jenckes 72 

JamesChappel 80 

Thomas Richardson 90 

Edward Gavet 72 

£4,140 



Upon the petition of Mr. Thomas Biddlecome, of Adams- 
town, in Massachusetts, representing that he and his neigh- 
bors, formerly inhabitants of this state, are in great distress 
for want of bread ; and that with much difficulty he hath 
procured within this state one hundred and ninety-five bush- 
els of corn, and some rice, to preserve them from starving ; 
and praying that he may be permitted to transport the 
same to Adamstown, aforesaid : 

It is voted and resolved, that the said Thomas Biddle- 
come be, and he is hereby permitted to transport the same 
grain out of the state, under the inspection of the inten- 
dant of trade for the port of Newport. 

It is voted and resolved, that the embargo laid by this 
Assembly at the present session, upon certain articles of 
provisions, be continued until the fourth Monday in August 
next ; except upon Indian corn, Indian meal, rye, rye meal, 
and rye flour, upon which articles it shall continue until 
the fifteenth day of October. 

It is voted and resolved, that Abijah Lock, master of a 
vessel now in the harbor of Newport, and bound to Fal- 



1789.] AND PROVIDENCE PLANTATIONS. 335 

mouth, in Casco Bay, be, and he is, hereby permitted to ex- 
port in the said vessel, one hundred bushels of Indian corn, 
by him purchased in this state ; the Act of the present ses- 
sion, laying an embargo on certain articles of provisions, 
notwithstanding. 

Whereas, the general treasurer laid before this Assembly 
the following representation, made to him by William EUery, 
Esq., the Continental loan officer in this state, to wit : 

Report of William EUery ^ Esq., in reference to the Continental 
money in account tvith the General Treasurer. 

Newport, May 23, 1789. 
Sir : — I received a letter yesterday from Michael Hillegas, Esq., treasurer of the 
United States, dated May 15, which states an account of the old Continental emission, 
which I received from you, and transmitted to the Honorable the Commissioners of 
the Treasury. 

The Commissioners appointed by Congress for counting, examining and burning 
bills of credit, (old emissions) found, in good bills, which they burnt, two millions 
five hundred ninety-three thousand four hundred and ninety dollars and thirty nine- 
tieths. And they found in the several bundles counterfeits as follows, to wit : 

8 bills of .^80, $640 00 

60 " 60 3,000 00 

18 " 60 900 00 • 

25 " 40 1,000 00 

50 " 80 1,500 00 

1 " 20 20 00 

4 " 7 28 00 

$7,088 00 
1 bill of Maryland currency 1 00 

$7,089 00 
The bills I received from you, according to our counting, amounted 

to 32.600,000 00 

Good bills according to the counting of the Commissioners 2.598,490 80-90 

Counterfeits and the Maryland bill 7,089 00 

§2.600,579 80-90 
So that the counting of the Commissioners overran our counting . . . $579 30-90 

I have sent you this account, that you may be the better enabled to lay the matter 
before the General Assembly, at June session, if you should think proper. 

The General Assembly will, without doubt, order the deficiency arising from the 
counterfeits, and the Maryland, bill to be made good. 

As counted by us, were sent forward $2,600,000 00 

Good bills burnt 2.598,490 80-90 

Deficiency $6,509 60-90 

I am, with great regard, 
• Tour most obedient servant, 

WILLIAM £LL£RY, 



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336 REGOBDS OF THE STATE OF BHODE ISLAND [JUNE, 

And the said representation being duly considered, — 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to pay the said deficiency of 
six thousand five hundred and nine dollars and sixty nine- 
tieths, to the said William EUery, as Commissioner of the 
Continental Loan OflSice in this state, in Continental bills of 
the old emissions, now in the general treasury ; and that the 
said excess of five hundred and seventy-nine dollars and 
thirty-ninetieths, as counted by the Commissioners, be passed 
to the credit of the general treasurer. 

It is voted and resolved, that Jabez Husted, master of a 
vessel now in the harbor of Newport, and bound to Nova 
Scotia, be permitted to export from this state, in the said 
•vessel, three hundred bushels of Indian corn and meal, pur- 
chased by him in Connecticut and this state. The Act of 
the present session, laying an embargo on certain articles of 
provision, notwithstanding. 

Whereas, Jonathan J. Hazard, Esq., exhibited unto this 
Assembly, an account, by him charged against the state, for 
his services as a committee man with Charles Holden, Esq. 
to the army in the year 1776, for divers articles of clothing 
supplied the troops in the year 1777, for the expenses of a 
team to carry clothing to the army, &c. Which being duly 
considered,— 

It is voted and resolved, that the said account be allowed ; 
that one hundred and thirty-four pounds two shillings, law- 
ful money, being the amount thereof, be paid to the said 
Jonathan J. Hazard out of the general treasury ; and that 
the Commissioners for settling the public accounts, charge 
the same to the United States. 

An Act to prevent goats and kids from going at large in the town of ProYidence. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that no person dwelling in the town of Providence, shall permit any goats or kids to 
rnn at large in any of the streets, highways or commons, in the said town, upon the 
pain and penalty of forfeiting every such goat' or kid so running at large. And it 
shall and may be lawful for any person, being a fireeman of the said town, upon finding 



1789.] 



AND PROVIDENCE PLANTATIONS. 



337 






i 






any goat or kid going at large within the bounds of the said town, to slay, seize, and 
take up eyery such goat or kid belonging to any inhabitant of tlie said town so going 
at large, and to convert it to his own use, without being answerable or accountable in 
any sort of manner whatever for the same. 

It is voted and resolved, that the town of Coventry be 
allowed until the first day of August next, to assess and 
collect its proportion of the last state tax. 

It is voted and resolved, that the Commissioners appointed 
to receive and adjust the claims of the inhabitants of this 
state, against the United States of America, be, and they 
are, hereby continued for the purpose afpresaid, until the 
next session of this Assembly, with the same powers they 
have heretofore had. 






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An Act for the preservation of the gardens in the towns of Newport and Providence. 

Whereas, evil minded persons do frequently enter into the gardens of the inhabi- 
tants of the towns of Newport and Providence, and commit waste therein, and take and 
carry away the produce thereof, to the great injury of the proprietors : 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that if any person or persons shall upon information and complaint 
made before any justice or justices of the peace, of the town where the offence shall 
be committed, be convicted of such purloining, or committing such waste, such justice 
or justices shall assess the damage done, and enter up judgment and issue execution 
for the same, with ousts, against such convicted person or persons, returnable in ten 
days ; and shall fine such person or persons in double the sum so assessed in damages, 
to and for the use of the poor of such town. And on default of pa^'ment, such con- 
victed person or persons shall be committed to jail for the term of one month, unless 
such fine be sooner paid. 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred to 
the next session ; and that this Assembly be, and hereby is, 
adjourned unto the Friday next preceding the first Monday 
in October next, if then called ; but if not called before, nor 
at that time, that then this Assembly be, and hefeby is, 
dissolved. 






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God save the State ! 



VOL. X. 43 



♦k I ■' -T™ v. 






338 RECORDS OP THE STATE OP RHODE ISLAND [SePT., 



Proceedings of . the General Assembh/ of the State of Rhode 
Island and Providence Plantations^ ai Neivpoii^ on Tuesday y 
thejifteenih day of September^ 1789. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

It is voted and "resolved, that the act passed by this Assem- 
bly at the last session, laying an embargo upon corn and 
certain other articles, be, and the same is, hereby repealed. 



An Act relative to a convention in this Btate. 

Whereas tlie Congress of the United States, by a resolve passed on the 28th daj of 
September, 1787, recommended to the Legislature of this state to call a convention 
within the same, for the purpose of adopting the Constitation of a General Govern- 
ment, formed by a convention of twelve of the said states, assembled in Philadelphia, 
in the year 1787 : 

And whereas, this Assembly, on the most careful examination of the powers vested 
in them by the freemen of this state, are of opinion, that the same are limited to the 
administration of the existing constitution of the state, and do not extend to devising 
or adopting alterations therein : 

And whereas, notwithstanding this General Assembly, convinced that the freemen 
of this state retain in their own hands the entire power of adopting or rejecting the said 
Constitution, at' their session held in Providence, in February, 1788, passed an act for 
authorizing town meetings in this state, for the special purpose of giving the freemen 
an opportunity of adopting or rejecting said Constitution, grevious Complaints are 
still made, by some, that said Constitution hath not been adopted by this state, nor a 
Convention called for that purpose : 

' Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that the freemen of the several towns in this state, assemble in town 
meeting, in their respective towns, on the third Monday of October next, for the pur- 
pose of giving instructions to their representatives respecting the appointment of a 
state conyention, for the purpose of considering and determining on said Constitution : 
to the intent that this Assembly, at their session in October next, may be fully 
acquainted with the sentiments of the people at large relative to calling a convention 
for the purpose aforesaid. 

It is ordered, that the secretary transmit, as soon as may be, printed copies of this 
act to the several town clerks in this state ; and that the said town clerks issue their 

ft ' 

warrants fbr calling toirn meetings, agreeably to this act. 



1789.] 



AND PROVIDENCE PLANTATIONS. 



339 



It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to receive the money due on the 
interest bonds of the present emission of paper money, 
payable the present year, for the counties of Newport and 
Bristol ; and that the persons hereinafter named be appoint- 
ed to collect the money payable on the said bonds in the 
present year in the other counties, to wit : John Sayles, 
Esq., for the county of Providence; James Sheldon, Esq, 
for the county of Washington, and Mr. Jonathan Gorton, 
for the county of Kent That the general treasurer deliver 
to the said persons respectively the interest* bonds payable 
the present year in the said counties ; and that, on the 
receipt of the said money they pay the same into the gen- 
eral treasury. 

It is further voted and resolved, that the general treasurer 
be, and he is, hereby directed to receive the money on the 
said interest bonds of all persons who shall apply at his 
office to pay the same, before he shall have delivered the 
said bonds to the persons above appointed in the respective 
counties to .receive the same. 

It is further voted and resolved, that all such of the said 
bonds as shall not be paid as they become due, be put in 
suit by the persons so appointed to receive the same at the 
several Courts, in the respective counties, which shall be 
holden next after they shall become due ; and that the said 
persons so appointed be, and they are, hereby authorized 
and empowered to prosecute such actions; and phall be 
allowed the same fees and costs as though brought by an 
attorney at law, legally admitted to practice in the Courts 
of this state. 

And it is further voted and resolved, that the several per- 
sons above appointed to receive the bonds in the respective 
counties, be allowed sixpence in bills of the said emission, 
for each and every bond which shall be paid without suit, to 
be paid by the obligors respectively. 



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340 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

It is voted and resolved, that the town of Coventry be 
allowed to the first day of November next, to collect and 
pay into the general treasury, their proportion of the state 
tax ordered by this Assembly at the session held in June 
last, together with the interest thereon, and that the general 
treasurer issue his warrant accordingly. 

An Act for levying and collecting certain duties and imposts within this state. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 

enacted, that the following duties and imposts be levied and collected on the following 

goods, wares and merchandize imported into this state, from and after the rising of * 

this General Assembl}^ from any port or place without this state, other than those of 

any of the thirteen states of North America heretofore united under one confederation, 

to wit : 

Cents. 
On all distilled spirits of Jamaica proof, imported from any kingdom or country 

whatsoever, per gallon 10 

On all other distilled spirits, per gallon 8 

On molasses, per gallon 2i 

On Maderia wine, per gallon , 18 

On all other wines, per gallon 10 

On every gallon of beer, ale or porter in casks 6 

On cider, beer, ale or porter in bottles, per dozen 20 

On malt, per bushel .' 10 

On brown sugar, per pound 1 

On loaf sugar, per pound 3 

On all other sugar, per pound li 

On coffee, per pound 2^ 

On cocoa, per pound 1 

On all candles of tallow, per pound 2 

On all candles of wax or spermaceti, per pound 6 

On cheese, per pound 4 

On soap, per pound 2 

On boots, per pair 60 

On all shoes, slippers, or goloshoes made of I eather, per pair 7 

On all shoes or slippers made of silk or stuff, per pair 10 

On cables, per 112 pounds weight - 75 

On tarred cordage, per 112 pounds weight 75 

On untarred cordage and yarn, per 112 pounds weight. . ,. 90 

On twine or packthread, per 112 pounds weight 200 

On steel unwrought, per 112 pounds weight 56 

On all nails or spikes per pound 1 

On salt, per bushel 6 

On manu&ctured tobacco, per pound 6 

On snuff*, per pound 10 

On Indigo, per pound 16 

On wool and cotton cards, per dozen ' 50 

On coal, per budhel 2 

On pickled fish, per barrel 75 

On dried fish, per quintal 60 



« 



1789.] 



AND PROVIDENCE PLANTATIONS. 341 



On all teas imported from China or India, in ships built in the thirteen states of 
North America, heretofore united under one confederation, and belonging to 
a citizen or citizens thereof, or in ships or vessels built in countries other than 
any of the said states, and on the sixteenth day of May last, wholly the prop- 
erty of a citizen or citizens of the said states, and so continuing until the 

time of importatation as follows, to wit : 

Cents. 

On bohea tea, per pound .* 6 

On all souchong and other black teas, per pound 10 

On all hyson teas, per pound 20 

On all other green teas, per pound , .' 12 

On all teas imported from Europe in ships or vessels built in the said states, and 
belonging wholly to a citizen or citizens thereof, or in ships or vessels built in 
countries other than any of the said states, and on the sixteenth day of May 
last, wholly the property of a citizen or citizens of the said states^ and so con- 
tinuing until the time of importation, as follows, to wit : 

On bohea tea, per pound 8 

On all souchong and otl^er black teas, per pound 18 

On all hyson teas per pound 26 

On all other green teas, per pound 16 

On all teas imported in any other manner than as above mentioned, as follows, 
to wit : 

On bohea tea, per pound 15 

On all souchong, or other black teas, per pound 22 

On all Hyson teas, per pound 45 

On all other green teas, per pound .• 27 

Twelve and a half per cent, ad valorum. 

On all goods, wares and merchandize, other than teas imported from China or India, 
in ships not built in the said late United States, and not wholly the property of a citi< 
zen or citizens thereof, nor in vessels built in countries other than any of the said late 
United States, and on the sixteenth day of May last, wholly the property of a citizen 
or citizens of the said states, and so continuing until the time of importation. 

Ten per cent, cui valorum. 

On all looking glasses, window and other glass, except quart bottles. 

On all china, stone and earthen ware. 

On gunpowder. ^ . 

On all paints ground in oil. 

On shoe and knee buckles. 

On gold and silver lace, and 

On gold and silver leaf. 

Seven and a half per cent, ad wdorwn. 
On all blank books. 

On all writing, printing and wrapping paper, paper-hangings and pasteboards. 
On all cabinet wares. 
On all buttons. 
On all saddles. 
On all gloves of leather. 

On all hats of beaver, fur, wool, or mixture of either. 
On all millinery ready made. 
On all castings of iron, and upon slit and rolled iron. 



342 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

On all leather, tanned or tawed, and all manufactures of leather, except such as be 
otherwise rated. 

On canes, walking sticks and whips. 

On clothing ready made. 

On all brushes. 

On gold, silver and plated ware, and on jewelry and on paste work. 

On anchors, and on all wrought tin, and pewter ware. 
' On playin g cards, per pack 10 cents. 

On every coach, chariot, or other four wheeled carriage, and on every chaise, solo, 
or other two wheeled carriage, or parts thereof, fifteen per centum, ad valorem. 
* On all other goods, wares and merchandize, five per centum on the value thereof, 
at the time and place of importation, except as follows, to wit : 

Saltpetre, tin in pigs, tin plates, lead, old pewter, brass, iron and brass wire, copper 
in plates, wool, cotton, dyeing woods and dyeing drugs, raw hides, beaver and all other 
furs, and deer skins. 

And be it further enacted by the authority aforesaid, that from and after the first 
day of December, which shall be in the year of our Lord one thousand seven himdred 
and ninety, there shall be laid a duty on every one hundred and twelve pounds weight 
of hemp, imported as aforesaid, of sixty cents, and on cotton per pound, three cents. 

And be it also enacted by the authority aforesaid, that all the duties paid or secured 
to be paid upon any of the goods, wares or merchandise as aforesaid, except on dis' 
tilled spirits, other than brandy or Geneva, shall be returned or discharged upon such 
of the said goods, wares or merchandise as shall within twelve months after payment 
made, or security given, be exported to any country without the limits of tlie said 
United States, as settled by the late treaty of peace ; except one per centum on the 
amount of the said duties in consideration of the expense which shall have accrued 
by the entry and safe keeping thereof. 

And be it further enacted by the authority aforesaid, that there shall be allowed and 
paid on every quintal of dried, and on every barrel of pickled fish of the fisheries of 
the said late United States, and on every barrel of salted provisions of the said late 
United States, exported to any country without the limits thereof, in lieu of a draw- 
back on the duties imposed on the importation of salt employed and expended therein, 

to wit : 

Gents. 

On every quintal of dried fish • 6 

On every barrel of pickled fish 5 

On every barrel of salted provisions 5 

And be it further enacted by the authority aforesaid, that a discount of ten per cen- 
tum, on all the duties imposed by this act shall be allowed on such goods, wares and 
merchandise as shall be imported in vessels built in the said late United States, and 
which shall be wholly the property of a citizen or citizens thereof, or in vessels 
built in foreign countries, and on the 16th day of May last, wholly the property of a 
citizen or citizens of the said late United States, and so continuing until the time of 
importation. 

And be it further enacted by the authority aforesaid, that for the due collection of 
the duties imposed by law on goods, wares and merchandise imported into this state, 
there shall be established and appointed districts, ports and officers in manner follow- 
ing, to wit : 

In this state there shall be two districts, to wit : Newport and Providence. The 
district of Newport shall extend from the west line of the state all along the sea-coast, 
and northward up the Narragansett bay as far as the most easterly part of Kinnimicut 



1789.] 



AND PROVIDENCE PLANTATIONS. 343 



Point at high water mark, and shall include the sereral towns, harbors, and landing 
places of Westerly, Charlestown, South Kingstown, North Kingstown, East Green- 
wich, and all that part of the town of Warwick, southerly of the latitude of said Kin- 
nimicut Point; and also the towns, harbors and landing places of Harrington, Warren, 
Bristol, Tiverton, Little Compton, and all the tqwns, harbors and landing places on the 
islands of Rhode Island, Canonicut, Prudence. New Shoreham, and every other island 
and place within the said state southward of the latitude of the said Kinnimicut Point. 
Newport sliall be the only port of entry for the said district ; and North Kingstown, 
East Greenwich, Barrington, Warren, Bristol, and Pawcatuck river, in Westerly, shall 
be ports of delivery only, within the said district ; and a collector, naval officer and 
surveyor shall be appointed for the said district, to reside at Newport ; and a surveyor 
to reside at each of the ports of North Kingstown, East Greenwich, Warren, Bristol, 
and Pawcatuck river ; and the surveyor for Warren shall be the surveyor for the port 
of Barrington. The district of Providence shall comprehend all that part of this 
state northward of the latitude of the said Kinnimicut Point, including all that part of 
the town of Warwick, and all other towns, harbors and places in this state northward 
of said latitude. Providence shall be the only port of entry for the said district ; and 
Pawtuxet, in the said district, shall be a port of delivery only. And a collector, naval 
officer, and surveyor, shall be appointed to reside at Providence ; and a surveyor to 
reside at Pawtuxet. 

And be it further enacted by the authority aforesaid, that each port of entry estab- 
lisheil by this act shall be a port of delivery also : provided always, that no ship or 
vessel not wholly belonging to a citizen or citizens of any of the said late United 
States, shall be admitted to unlade at any port or place within this state, except in the 
ports of Newport and Providence. 

And it is turther enacted by the authority aforesaid, that the master or commander 
of every ship or vessel bound to a port of delivery only, in either of the said districts 
of Newport and Providence, shall come too at the port of entry of such district with 
his ship or vessel, and there make entry, deliver a manifest of her cargo, and pay or 
secure to be paid all legal duties, port fees and charges, in manner by this act provided, 
before such ship or vessel shall proceed to her port of delivery. 

And be it further enacted by the authority aforesaid, that the duties of the respect- 
ive officers to be appointed by virtue of this act, shall be as follows, to wit : At such 
of the ports to which there shall be appointed a collector, naval officer and surveyor, 
it shall be the duty of the collector to receive all reports, manifests and documents 
made or exhibited to him by the master or commander of any ship or vessel, conform- 
ably to the regulations prescribed by this act; to make due entry, and record, in books 
to be kept for that purpose, all such manifests, and the marks and numbers contained 
therein ; to receive the entry of all ships and vessels, and of all the goods, wares and 
merchandise imported in such ships or vessels, together with the original invoices 
thereof, to estimate the duties payable thereon, and to endorse the same on each entry; 
to receive all monies paid for duties and to take all bonds for securing the payment of 
duties ; to grant all permits for the unlading and delivery of goods ; to employ proper 
persons as weighers, guagers, measurers, and inspectors at the several ports within 
his district, together with such persons as shall be necessary to serve in the boats which 
may be provided for securing tlic collection of the revenue ; to provide at the public 
expense store houses for the safe keeping of goods ; together with such scales, weights 
and measures as shall be deemed necessary, and to perform all other duties which shall 
be assigned to him by law. It shall be the duty of the naval officer to receive copies 
of all manifests ; to estimate and record the duties on each entry made with the collec- 
tor, and to correct any error made therein before a permit to unlade or deliver shall he 



344 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

granted ; and to countersign all permits and clearances granted by the collector. It 
shall be the duty of the surveyor to superintend and direct all inspectors, weighers, 
measurers and guagers within his district, and the employment of the boats which may 
be provided for securing the collection of the revenue ; to go on board ships or vessels 
arriving within his district, or to put on board one or more inspectors, to ascertain by 
an hydrometer what distilled spirits shall be of Jamaica proof, rating all distilled 
spirits which shall be of the proof of twenty-four degrees as of Jamaica proof; and to 
examine whetlier the goods imported are conformable to the entries thereof: and the 
said surveyors shall in all cases be subject to the control of the collector and naval officer. 

And be it further enacted by the authority aforesaid, that every collector appointed 
by virtue of this act, in case of his necessary absence, sickness or inability to execute 
the duties of his office, may appoint a deputy, duly authorized under his hand and 
seal, to execute and perform on his behalf all and singular the powers, functions and 
duties of collector of the district to which he the said principal is attached ; who shall 
be answerable for the neglect of duty or other mal-conduct of his said deputy in the 
execution of his office. 

And be it further enacted by the authority aforesaid, that in case of the disability 
or deatli of any collector, the duties and authorities vested in him by this act shall 
devolve on his deputy, if any such hath been appointed, for whose conduct the estate 
of such disabled or deceased collector shall be liable, and the said deputy shall exercise 
the authority, and perform all the duties until a successor shall be appointed. But in 
cases where no deputy is appointed, the authorities and duties of the disabled or 
deceased collector shall devolve upon the naval officer of the same district, until a suc- 
cessor duly authorized and sworn shall enter upon the execution of the duties of the 
said office. 

And be it further enacted by the authority aforesaid,- that every collector or his depu- 
ty, naval officer and surveyor shall attend in person at the port or district for which 
he is appointed, and before he enters upon the execution of his office, shall take an 
oath or affirmation in the form following, to wit : 

" I do solemnly swear (or affirm as the case may be) tliat I will truly and 

faithfully execute and perform all the duties of a of the port or district of — • 

according to law, and the best of my skill and ability." 

The said oath or affirmation shall be administered by any justice of the peace ; and 
a certificate thereof under the hand and seal of such justice, transmitted within one 
month thereafter to the general treasurer of this state. Any collector, naval officer 
or surveyor failing herein, shall forfeit and pay two hundred dollars, recoverable with 
costs in any court having cognizance thereof, to the use of the informer. And no 
weigher, guager, measurer or inspector shall execute the duties of his office, until he 
shall have taken the above oath or affirmation. 

And be it further enacted by the authority aforesaid, that the collectors, naval 
officers and surveyors to be appointed by virtue of this act, shall respectively keep 
fair and true accounts of all their transactions relative to their duties as officers of the 
customs, in such manner and form as may be necessary for carrying this act into 
effect, according to the true intent and meaning of the same, or as may be directed 
by this Assembly ; and shall at all times submit their books, papers and accounts to 
the inspection of such persons as may be appointed for that purpose. And the col- 
lectors of the different districts shall at all times pay into the general treasury, or to 
the order of the General Assembly, the whole of the moneys which they may respect- 
ively receive by virtue of this act ; such money m they are otherwise by this act 
directed to pay only excepted. And shall also, once in every three months, or oftener, 
if they sh/iU be required, transmit their accounts for settlement to the general treasury. 



I 



%^ 



1789.] 



AND PBOVIDENCE PLANTATIONS. 345 



And be it farther enacted by the authority aforesaid, that ever master or other per- 
son having or taking the charge or command of any ship or vessel bound to any port 
of this state, from any port or pUce without this state, other than those of the said late 
United States, shall deliver upon demand, to any officer or other person lawfully 
authorized, who shall first come on board his ship or vessel, two manifests, signed by 
the said master or person having command, and specifying in words, and not in figurea, 
a true account of the lading, which such ship or vessel had on board at the port from 
which she last sailed, and at the time of her sailing, or at any time since, and of the 
packages, marks and numbers, and noticing tbereoh to what port in this state, such 
ship or vessel is bound, and the name or names of such person or persons to whom the 
goods are consigned, or, in oases where the goods are shipped to order, the names of 
the shippers, noting the goods addressed to their order. One of which manifests, such 
officer or other person shall sign and return to the master or other person having the 
charge of such ship or vessel, certifying thereon, as nearly as may be, the time when 
the same was produced, and that a like manifest was delivered to him, and shall trans- 
mit the other manifest to the collector of the district, to which such ship or vessel is 
bound. 

And be it fhrther enacted by the authority aforesaid, that the master or other person 
having the charge or command of any ship or vessel (ships and vessels of war ex- 
cepted) coming into, or arriving in any of the ports or districts of this state, or any of 
the creeks or harbors thereof, shall wfthin forty-eight hours after such arrival, repair 
to the office of the collector of the district, where such vessel shall so arrive, and shall 
report to the said collector the place from whence he last sailed, with the name and 
burthen of his ship or vessel ; and shall deliver to such collector two manifests, agreea- 
bly to the directions of this act, unless he shall before have delivered one manifest to 
some officer or other person lawfully authorized in manner as herein before is required ; 
in which case, he shall deliver the manifest certified as aforesaid, together with such 
documents as are usually furnished in the port from whence they came ; and shall take 
and subscribe an oath or affirmation before the collector, or other proper officer; which 
oath or affirmation he or they are authorized and required to administer, and shall 
be in the words following, to wit : • 

" I do solemnly swear (or affirm as the case may be) that this is to the best of 

my knowledge and belief, a just and true manifest of all the goods, wares and merchan- 
dize on board the at the port from which she last sailed, at the time of her 
sailing, or at any time since ; and of which vessel I am at present master." 

And if the master or other person having charge or command of any such ship or 
vessel shall refuse or neglect to make entry, or to deliver his manifest and documents, 
pursuant to the directions of this act, or to take the oath or affirmation herein pre- 
scribed, he shall forfeit and pay five hundred dollars for each refusal or neglect. 

And be it further enacted by the authority aforesaid, that no goods, wares or mer- 
chandise shall be unladen or delivered from any ship or vessel but in open day, or 
without a permit from the collector for that purpose. And if the master or com- 
mander of any ship or vessel, shall sufier or permit the same, such master or com- 
mander, and every other person who shall be aiding or assisting in lairing, removing, 
housing, or otherwise securing the same, shall forfeit and pay the sum of four hundred 
dollars for every offence, and shall moreover be disabled from holding any office of 
trust or profit under this state, for a term not exceeding seven years. And it shall be 
the duty of the collector of the district to advertise the names of all such persons in 
the public newspapers of this state, within twenty days after each respective convic- 
tion. And all goods, wares and merchandise, so landed or discharged, shall become 
forfeited, and may be seized by any officer of the customs ; and where the val^e 
VOL. X. 44 



346 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

thereof shall amount to four hundred dollars, the ressel, tackle, apparel aod furniture 
shall be subject to like forfeiture and seizure. Provided always, that if any ship or 
yessel, compelled by distress of weather, or other sufficient cause, shall put into any 
port or place of this state, other than that to which she was actually destined, the 
roaster or other person haying command, shall, within forty-eight hours next after his 
arrival, make report and deliver a true manifest of her cargo to the collector of the 
port or district, and moreover shall, within twenty-four hours, make protest in the usual 
form before a public notary, or justice of the peace, of the cause and circumstance of 
such distress. And if it shall appear to the collector, that there is a necessity for 
unlading such ship or vessel, he shall grant permission and appoint a proper officer 
to attend the unloading thereof. And all goods, wares and merchandise, so un- 
laden, shall be stored under the direction, and subject to the safe keeping of such 
collector. But if any part thereof shall be of a perishable nature, or it may be neces- 
sary to make sale of any part thereof, to deftay the expenses of such vessel or cargo, 
the said collector shall grant a license to the master, commander or owner, to dis- 
pose of so much thereof as are perishable, or shall be necessary to defray such ex- 
penses. Provided, that the duties therecn be first paid or secured. And provided 
also, that such necessity be made to appear by a public notary, or any justice of the 
superior or inferior court, in such port or place; and where there is no such officer, 
by the affidavit of two reputable citizens of the neighborhood best acquainted with 
matters of that kind. 

And be it flirther enacted by the authority aforesaid, that every person having goods, 
wares, and merchandise in any ship or vessel which shall arrive at any port of entry 
or delivery, or of delivery only, shall make entry with the collector of the port or dis- 
trict where the same shall arrive, of all such goods, wares, and merchandise, specify- 
ing the number of packages, and the marks, numbers and contents of each, or if in 
bulk, the quantity and quality, together with an account of the net prime cost thereof, 
and shall moreover produce to the collector the original invoice or invoices, together 
with the bills of lading. And the said collector shall estimate and endorse the duties 
on the said entry ; the party making such entry taking an oath or affirmation that it 
contains the whole of the goods, wares and merchandise imported by him, or to him 
consigned, in such ship or vessel, which shall then have uome to his knowledge ; and 
that the said invoice contains to the best of his knowledge and belief the net prime 
cost thereof ; and that if he shall afterwards discover any other or greater quantity 
than is contained in such entry, he will make due report and entry thereof; which oatk 
or affirmation shall be administered by the collector, and the entry shall be subscribed 
by the person making the same. Provided, in all cases, where the party making 
entry shall reside ten miles or upwards from such port, the oath or affirmation of such 
party made before a justice of the peace and by him endorsed on the original invoice, 
shall be as effectual as if administered and endorsed by the collector. 

And be it further enacted by the authority aforesaid, that all such entries so authen- 
ticated by the collector, together with a copy of the same made out by the party, shall, 
before any permit is granted for the landing of any goods, wares or merchandise 
therein contained, be examined by the naval officer, where such officer is established, 
who shall countersign the same, and retaining one, shall return the other certified to 
the party, together with tlie bills of lading and the invoice or invoices ; and on 
such certified entries being returned to the collector, and. the duties thereon paid or 
secured to be paid, he shall grant a permit for unlading and landing the goods, wares 
and merchandise therein mentioned. 

And be it further enacted by the authority aforesaid, that it shall and may be lawful 
for the collector, naval officer, and surveyor of any port of entiy or delivery, at which 



1789.] 



AND PEOVmENCE PLANTATIONS. 347 



any ship or yessel may arrire, to put on board one or more inf pectors, who shall 
make known to the person haying charge of such ship or Tessel, the duties he is to 
perform by virtue of tliis act And such inspector shall suffer no goods, wares- or 
merchandise to be deliyered without a permit from the proper officer, authorizing the 
same ; and shall enter into a book, to be by him kept for that purpose, the contents 
of each permit, spedlying the marks and numbers of each package, and a description 
thereof, with the name of the person to whom such permit was granted ; and if at the 
expiration of fifteen working days, after such ship or vessel shall begin to unlade her 
cargo, there shall be found on board any goods, wares or merchandise, the said 
inspector shall take possession thereof, and deliver them to the collector of the district, 
or to such person as he shall authorize and appoint on his behalf to receive the said 
goods, taking his receipt for the same, and giving a certificate to the person having 
command, describing the packages so taken, and their marks and numbers. And as 
soon as any ship or vessel is entirely unUden, he shall, with [the collector and naval 
officer, compare the account and entries he hath made of the goods unladen fVom such 
ship or vessel, with the manifest delivered to the collector ; and if it appears that there 
are more goods than are specified in the said manifest the same shall be endorsed 
thereon, with the description of the packages, their marks and numbers, or of such 
goods as may be in bulk ; and the same shall be subscribed by such inspector, who is 
hereby directed to remain on board the ^d ship or vessel until she is discharged. 
Provided always, that the said limitation of fifteen days, shall not extend to vessels 
laden with salt or coal ; but if the master or owner of such vessel require longer 
time to discharge their cargoes, the wages of the inspector, for every day's attendance 
exceeding the said fifteen days, shall be paid by the master or owner. And if any 
goods, wares or merchandise subject to a duty, shall be removed from the wharf or 
place, where the same may be landed, before they shall be weighed, measured, or 
guaged, as the case' may be, or without the consent of the collector or other proper- 
officer, all such goods, wares, or merchandise so removed, shall be forfeited. All goods 
delivered to the collector in manner aforesaid, shall be k^pt at the charge and risk 
of the owner, for a term not exceeding nine months. And if within that time no 
claim be made for the same, an appraisement thereof shall be made by two or more 
reputable merchants, and lodged with the collector, who shall seU the same at public 
auction, and pay the proceeds, retaining the duties and charges thereon, into the treas- 
ury of this state, there to remain for the use of the owner, who shall upon due proof of 
his property, be entitied to receive the same. And the receipt or certificate of the 
collector, shall exonerate the master or commander from all claim of the owner. Pro. 
vided, that where entries shall have been duly made of such goods, the same shall not 
be appraised ; and that where such goods are of a perishable nature, they shall be sold 
forthwith. 

And be it further enacted by the authority aforesaid, that if any goods, wares, or 
merchandise, on which duties are payable, shall receive damage during the voyage^ 
or shall not be accompanied with the original invoice of their cost, it shall be lawftd 
for the collector, to appoint one merchant, and the owner or consignee another, who 
being sworn or affirmed by .the collector well and truly to appraise such goods, shall 
value them accordingly ; and the duties upon such goods shall be estimated according 
to such valuation. And if any package, or goods stored in bulk, which shall have 
been entered as hereinbefore directed, shall not be duly delivered, or if any of the 
packages so entered shall not agree with the manifest, or if the manifest shall not agree 
with the delivery, in every such case the person having command, shall forfeit and 
pay the sum of two hundred dollars, uifless it shajl appear that such disagreement 
was occasioned by tmavoidable necessity or aoddent, and not with intention to defiravd 
the revenue. 



348 RECORDS OF THE STATE OF RHODE ISLAND [SePT.^ 

And be it Airther enacted by the authority aforesaid, that the ad valorem xates of 
duties, upon all goods, wares, and merchandise at the place of importation, shall be 
esthnated by adding twenty per centum to the actual costs thereof, if imported from 
the Cape of Good Hope, or from any place beyond the same ; and ten per centum 
upon the actual costs thereof, if imported from any other place or country, exdusire 
of all charges. 

And be it further enacted by the authority aforesaid, that all foreign coins and cur- 
rencies, shall be estimated according to the following rates, to wit : 

Each pound sterling of Great Britain, at four dollars and forty-four cents, of the 
money of the eleven of the said states, which are now united under the new general 
government. Each livre toumois of France, at eighteen cents and a half. Each florin 
or guilder of the United Netherlands, at thirty-nine cents. Each mark banco of Ham- 
burgh, at thirty-three cents and one-third. Each rix dollar of Sweden, at one hun- 
dred cents. Each real t>late of Spain, at ten cents. Each milled ree of Portugal, at 
one dollar and twenty-four cents. Each pound sterling of Ireland, at four dollars and 
ten cents. Each tale of China, at one dollar and forty-eight cents. Each pagoda of 
India, at one dollar and ninety -four cents. Each rupee of Bengal, at fifty-five cents 
and an half And all other denominations of money in value as near as may be to the 
said rates. And the invoices of all importations shall be made out in the currency of 
the place or country, from whence the importation shall be made, and not otlierwiae. 

And be it farther enacted by the authority aforesaid, that all duties dn goods, wares, 
and merchandise imported, shall be paid by the importer before a permit shall be 
granted for landing the same, unless the amount of such duties shall exceed ten dol- 
lars ; in which case, it shall be at the option of the party making the entry to secure 
the same by bond, with one or more sufficient sureties, to be approved of by the col- 
lector, and made payable as foHoweth, to wit : for the duties of all articles of West 
India produce within six months ; for the duties upon all Madeira wines within twelve 
months ; and for the duties upon all other goods within six months. But in any case the 
party making entry, sliall be at liberty to deposit with the collector any part of the 
goods, upon which such duties shall arise of double the value, in the judgment of the 
collector, to secure the payment of the duties with the charges ; which deposit the col- 
lector shall accept in lieu of such bond and security ; and shall safely keep the goods 
so deposited, at the expense and risk of the party for thcf term for which such bond 
would have been given. At the expiration whereof, unless the said deposit shall have 
been redeemed by the payment of the duties, the said goods shall be sold at public sale, 
and as much as shall be necessary applied to the payment of the said duties. And the 
residue, after deducting the charges which have accrued, shall be paid to the owner or 
owners of such goods. Provided always, that where the amount of duties shall ex- 
ceed ten dollars, a discount shall be allowed for prompt payment, after the rate of ten 
per centum per annum, on the amount of such excess. And provided also, that no 
person whose bond for the payment of duties is due and unsatisfied, shall be allowed 
a fhture credit with the collector until such bond shall be taXXy paid or discharged. 

And be it Airther enacted by the authority aforesaid, that where any bonds for the 
payment of duties shall not be satisfied on the day it becomes due, the collector shall 
prosecute for the recovery of the money due thereon, by acdon or suit at law, in a 
special court. And in aU cases of insolvency, or where any estate in the hands of 
executors or administrators, shall be insufficient to pay all the debts due from the 
deceased, the debt due to the state on any such bond shall be first satisfied. 

And be it farther enacted by the authority aforesaid, that when it shall appear that 
any goods, wares, or merchandize, of whiclf entry shall have been made in the office 
of a collector, are not invoiced according to the actual costs thereof at the place of ex- 



1798.] 



AND PROVIDENCE PLANTATIONS. 349 



portatioD, and that the diflbrence was made with design to deflraad the rerenne, all 
such goods, wares, or merchandise, or the value thereof, to be recovered of the person 
making the entry, shalf be forfeited. And in any such cases, or where the collector is 
suspicious of fraud, and that any such goods, wares, or merchandise, are not invoiced at 
a sum equal to that for which they have usually sold in the place or couutry from 
whence they were imported, it shall be the duty of such collector to take the said 
goods, wares and merchandise into his possession, and retain the same at the risk and 
expense of the owner or consignee thereof until their value at the time and place of 
importation, according to the principles for estimating the same established by this 
act, shall be ascertained by two reputable merchants, mutually chosen by the said col- 
lector and owner or consignee ; and the duties arising from such valuation shall be 
first paid or secured to be paid, as required by this act in other cases of importation. 

And be it farther enacted by the authority aforesaid, that it shall be lawful for the 
collector, or other officers of the customs, after entry made of any goods, wares or 
merchandise, on suspicion of fraud, to open and examine in the presence of two or 
more reputable merchants, any package or packages thereof. And if, upon such ex- 
amination, they shall be found to agree with the entries, the officer making such 
seizure, shall cause the same to be repacked and delivered to the owner or claimant 
forthwith ; and the expense of such examination shall be paid by the collector, and 
allowed in the settlement of his account. But if any of the packages so examined, be 
ibund to differ in their contents from the entry, and it shall appear that such difference 
hath been made with intention to defraud the revenue, then all the goods, wares and 
merchandise, contained in such package or packages shall be forfeited. Provided 
always, that if the owner or consignee of such goods as shall not be accompanied with 
the original invoice, should choose to wait the receipt of the invoice, in such case the 
collector shall take into his possession all such goods, wares and merchandize, and 
store the same at the expense and risk of the owner or consignee, until the invoice 
shall arrive, or until they shall agree to have the same valued. 

And be it further enacted by the authority aforesaid, that every collector, naval 
officer and surveyor, or other person especially appointed by either of them for that 
purpose, shall have full power and authority to enter any ship or vessel, in which they 
shall have reason to suspect any goods, wares, or merchandise subject to du^ shall 
be concealed, and therein to search for, seize and secure any such goods, wares or 
merchandise ; and if they shall have cause to suspect a concealment thereof in any 
particuUr dwelling house, store, building, or other place, they, or either of them, shall 
upon application, on oath or affirmation, to any justice of the peace, be entitled to a 
warrant to enter such house, store or other place, in the day time only, and there to 
search for such goods, and if any shall be found, to seize and secure the same for trial. 
And all such goods, wares and merchandise on which the duties shall not have been 
paid, or secured to be paid, shall be forfeited. 

And be it further enacted by the authorify aforesaid, that all goods, wares and mer- 
chandise, which shall be seized by virtue of this act, shall be put into and remain in 
the custody of tlie collector, until such proceedings shaU be had as by this act are 
required, to ascertain whether the same hath been forfeited or not. And if it shall be 
a4judged that they arp not forfeited, they shall be forthwith restored to the owner or 
owners, claimant or claimants thereof. And if any person or persons shall conceal or 
buy any goods, wares, or merchandise, knowing them to be liable to seizure by this 
act, such person or persons shall on conviction thereof forfeit and pay a sum double 
the value of the goods so concealed or purchased. 

And be it further enacted by the authority aforesaid, that it shall be the duty of the 
several officers to be ^)pointed or employed by virtue of this act, to make seizure of 



350 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

and secure any ship or vessel, goods, wares or merchandise, which shall be liable to 
seizure by virtue of this act, as well without as within their respective districts. 

And be it fhrther enacted by the authority aforesaid, that if any officer or other per^ 
son executing, or aiding, or assisting in, the seizure of goods, shall be sued or molested 
for any thing done in virtue of the powers given by this act, or by virtue of a warrant 
granted by any judge or justice pursuant to law, such officer or other person may 
plead the general issue, and give this act in evidence. And if in such suit the plain* 
tiff shall be non-suited, or judgment pass against him, the defendant shall recover 
double costs. And in all actions, suits or informations to be brought, where any seizure 
shall be made pursuant to this act, if the property be claimed by any person, in every 
such case,4he onus probandi shall be upon such claimant And if any person shall 
forcibly resist, preventer impede any officers of the customs, or their deputies, or any 
person assisting them in the execution of their duty, such persons so offending, shall 
for every offence be fined in a sum not exceeding four hundred dollars. 

And be it farther enacted by the authority aforesaid, that every collector, naval 
officer, and surveyor, shall, within ten days after he enters upon the execution of his 
offflce, give bond with one or more sufficient sureties, to be approved of by the general 
treasurer, and payable to the governor and company of this state, conditioned for the 
true and faithful discharge of the duties of his office, according to law, that is to say : 
the said collectors in the sum of five thousand dollars each ; the said naval officers in 
the sum of five thousand dollars each ; the surveyors of the ports of Newport and 
Providence, in the sum of two thousand dollars each ; and each of the other survey- 
ors in the sum of five hundred dollars. Which bonds shall be filed in the office of the 
said general treasurer, and be by him severally put in suit for the benefit of this state, 
upon any breach of the condition thereof. 

And be it further enacted by the authority aforesaid, that there shall be allowed 
and paid to the collectors, naval officers and surveyors to be appointed pursuant to this 
act, the fees and per centage following, to wit : to each collector for every entrance of 
any ship or vessel of one hundred tons burthen and upwards, one dollar and a quarter ; 
for every clearance of any ship or vessel of one hundred tons burthen and upwards, 
one dollar and a quarter ; for every entrance of any ship or vessel under the burthen 
of one hundred tons, three-quarters of a dollar ; for every clearance of any ship or 
vessel under one hundred tons burthen, three quarters of a dollar ; excepting ships or 
vessels while employed coastwise, or in the fisheries, which shall pay for each entrance 
and clearance thirty-three cents and no more ; for every permit to land goods, sixteen 
cents ; for every bond taken officially, twenty-five cents ; for every permit to land 
goods for exportation which are entitled to a drawback, twenty-five cents ; for every 
official certificate, sixteen cents ; and for every other official document (registers ex- 
cepted) required by the owner or master of any vessel, not before enumerated, sixteen 
cents. And where a naval officer is appointed to the same port, the said fees shall be 
equally divided between the collector and the said naval officer ; apportioning to each 
his moiety of the necessary expenses of stationery, and the rent of an office to be pro- 
vided by the collector in the place of his residence, most convenient for the trade of 
the district ; in which the said collector and naval officer shall each have one separate 
room. And the said fbes shall be received by the collector, who shall settle the 
accounts monthly, and pay to the naval officer the balance which may be due to h m 
on such monthly settlement. To each surveyor there shall be allowed, for all the ser- 
vices required by law to be performed by him on board any ship or vessel of one hun- 
dred tons burthen and upwards, and having on board goods, wares and merchandise 
subject to duty, two dolUrs ; for the like services on board any ship or vessel of less 
than one hundred tons burthen, having on board goods, wares tad merchandise sulgect 



1798.] 



AND PROVTOENCE PLANTATI0H8. 351 



todatf, one dollar ; ind for all veueli not bftvlng; on board goodi, ware* and mer- 
cbandise •utjeut to datj, half a dollar. All which fe«« iball be paid to the coUeclor bj 
the muter or owner of the ship or Tesiel Id which die Mrvlcei ar6 perfbrmed. And 
the laid collector ihall pay weeU^ to the nureyor, the feei so received. To each 
inipector there sbalt be allowed for ererj daj be shall be actiuUf employed in aid of 
the ctutomi, a lum not exceeding tliree-qoartert of a dollar, to be paid bj the collector 
ont of the reTenoe, and charged to the public. To the meainrer), weighen and 
goagera reipectiTely for their lerricea, iball be allowed and paid by the collector ont 
of the rerenue, for the meamremeDt of oDe hundred bn*hel> of brIE or grain, twelve 
cent«; for the meacurement of every one hundred bnaheli of coaU, sixteen cent* ; 
tbr the weighing of every one hundred and twelve pounds, one cent; for tlie guagiug 
of every cask, four cent*. There iball moreover be allowed to the collector! in each 
of the said districts one per centum on the amount of all moneya by tbem respectively 
received and paid into the treasury of tbi> itate. Each collector, naval ofBcer and 
BUTTcyor, shall cause to be sfflzed and constantly kept In some public and conspicuous 
place ia bisofflce, a &ir table of the rates of fees and duties demandable by law ; and 
in case of &ilure herein shall forfeit and pay one hundred dollars to tie recovered with 
cost* in any court of record in this st«te, to the use of the loforroer. And if any 
officer appointed pursuant to this act, shall demand or receive any greater or other 
fce, eompentation or reward, for executing any duty or service required of htm by 
law, he shall forfeit and pay two hundred dolhirs for each offence, recoverable in ma>- 
neraforesaid for the use of the party aggrieved. 

And be it flirther enacted by the authority afbresaSd, that the duties and fees to be 
collected by virtue of this act, shall be received iu gold or silver coin only, at the fol- 
lowing rates, to wit: the gold coin of France, England, Spain and Portugal, and all 
other gold uoin of equal flneneei, at eigh^-nine cents of the money of the said eleven 
states, now united under the new form of government, for every peunytreigbt ; the 
Mexican dollar, at one hundred cents ; a crown of France, at one dolhu' and eleven 
cents ; a cniwn of England, at one dollar and eleven cents ; and all silver coins of equal 
fineness, at one dollar and eleven cents per ounce. 

And be it further enacted by the aathority aforesaid, that all the drawbacks allowed 
by law on the exportation of goods, wares and merchandise imported, shall be paid or 
allowed by the collector, at whose office the said goods, wares ftnd merchandise were 
originally entered, and not otherwise, retaining one per centum for the beueBt of this 
state. 

Provided always, and be it further enacted by the authority aforesaid, that no goods, 
wire* or merchandise entitled to drawback, shall be reladen before on entry be mode 
with the collector of the port from whence such goods are Intended to be exported ; 
which entry shall contun a particular account of the casks and packages, their marks, 
numbers and contents, the cost thereof, the vessel or vessels in which they were Im- 
ported, and the place or place* imported fhim. And the person or persons intending 
to export such goods, shall give bond with one or more suSdent sureties, that the 
tame nor any part tiiereof. shall not be relanded in any port or place within the limits 
of this state ; and shall moreover make oath or afflrmatioD as to the trutii of the entiy 
that the goods, wares and mercbandiee are in quantity, quality and value as therein 
expressed, according to the inward entry thereof, which entry was duly made at the 
time of importation, pursuant to the direction* of this act; and that the quality i*the 
samessat the time of importation. And the exporter of inch goods shall not be entitled 
to drawback the duties until at least six months after the exportation therof ; and until 
be shall produce to the collector with whom such outward entry is made, a certificate in 
writing, of two reputable merchants at the port or place without this state iu which 
the some were landed, together with the oath or afflnnotioa of the master and tbe 



352 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

mate of the yessel in which they were exported, certifying the delivery thereof. But 
in case any vessel shall he cast away, or meet with such nnavoidable accident as to 
prevent the landing such goods, a protest in due form of law, made by the master and 
mate or some of the seamen ; or in case no such protest can be had, then the oath or 
affirmation of the exporter shall be received in lieu of the other proofs herein directed, 
unless there shall be good reason to suspect the truth of such oath or affirmation. In 
which case it shall, and may be lawful, for the collector to require such Airther proof as 
the nature of the case may demand. Provided also, that no goods, wares or merchandise 
imported shall be entitled to a drawback of the duties paid or secured to be paid thereon, 
unless such duties shall amount to two dollars at the least, nor unless they shall be 
exported in the same cnsks, package or packages, and from the port or district into 
which they were originally imported, and moreover «hall be reladen under the inspec- 
tion of the collector, naval officer, or surveyor of the port. 

• And be it further enacted by the authority aforesaid, that the sums allowed to be 
paid by law on the exportation of dried fish, pickled fish and salted provisions, shall 
be paid by the collector of the port or district from whence the same shall be exported. 
Provided, that the due entrance therof shall be first made and bonds given, as in case 
of drawbacks; and that no such allowance shall bf> made, unless it shall amount to half 
a dollar at least upon any one entry. 

And it is fiirther enacted by the authority aforesaid, that if any goods, wares and 
merchandise entered for exportation, with a view to draw back the duties, or to obtain 
any allowance given by law on the exportation thereof shall be landed in any port or 
place within the limits of this state as aforesaid, all such goods, wares and merchan- 
dise shall be subject to seizure and forfeiture, together with the vessel from which such 
goods shall be landed, and the vessels or boats used in landing the same ; and all per- 
sons concerned therein, shall, on indictment and conviction thereof, suflfer imprison- 
ment for a term not exceeding six months. And for the discovery of frauds, and 
seizure of goods, wares and merchandise relanded contrary to law, the several officers 
established by this act, shall have the same powers ; and, in case of seizure, the same 
proceedings shall be had, as in case of goods, wares and merchandise imported con- 
trary to law. And for weighing, guaging and njeasuring goods for exportation, the 
same fees shall be allowed as in like cases upon the importation thereof. 

And be it further enacted by tlie authority aforesaid, that if any officer of the cus- 
toms, shall directly or indirectly take or receive any bribe, reward, or recompense for 
conniving, or shall connive at a &lse entry of any slup or vessel, or of any goods, 
wares, or merchandise, and sliall be thereof convicted, every such officer shall forfeit 
and pay a sum not less than two hundred nor more than two thousand dollars for each 
offence, and be forever disabled from holding any office of trust or profit under this 
state. And every person giving or offering any bribe, recompense or reward, for any 
such deception, collusion or fraud, shall forfeit and pay a sum not less than two hun- 
dred, nor more than two thousand dollars for each offence. And in all cases, where an 
oath or affirmation is by this act required from a master or other person having com- 
mand of a ship or vessel, or from an owner or consignee of goods, wares, or merchan- 
dise, if the person so swearing or affirming, shall swear or affirm falsely, such person 
shall, on indictment and conviction thereof, be punished by fine or imprisonment, or 
both, at the discretion of the court before whom the conviction shall be had, so as that 
the fine shall not exceed one thousand dollars, and the term of imprisonment shall not 
exceed twelve months. 

And be it further enacted by the authority aforesaid, that all penalties accruing by 
any breach of this act shall be sued for and recovered with costs of suit in the name 
of the general treasurer of this state, in any court proper to try the same, by the 



1789.] 



AND PROVIDENCE PLANTATIONS. 353 



collector of the district where the same accraed, and not otherwise ; nnlesa in eases of 
penalty relating to an officer of the customs. And such collector shall be, and hereby 
is, authorized and directed, to sue for and prosecute the same to efiect, and to distribute 
and pay the sum recovered, after first deducting all necessary costs and charges, 
according to law. And all ships or vessels, goods, wares or merchandise, which shall 
become forfeit by virtue of this act, shall be seized, libelled, and prosecuted as afore- 
said in the proper court having cognizance thereof. And the court shall cause fourteen 
days notice to be given of such seizure and libel, by causing the substance of such 
libel, with the order of the court thereon, setting forth the time and place appointed 
for trial, to be inserted in somQi|>ubUc newspaper nearest the place of seizure, and also 
by posting up the same in the most public manner for the Lspace of fourteen days, at 
or near the place of trial ; and proclamation shall be made in such manner as the court 
shall direct ; and if no person shall appear to claim such ship or vessel, goods, warea 
or merchandise, the same shall be ac|judged to be forfeited. But if any person shall 
appear before such judgment of forfeiture, and claim any such ship or vessel, goods, 
wares or merchandise, and shall give bond to defend the prosecution thereof, and to 
respond the cost in case he shall not support his claim, the court shall proceed to hear 
and determine the cause according to law. And upon the prayer of any claimant to 
the court, that any ship or vessel, goods, wares or merchandise so seized and pros- 
ecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for 
the court to appoint three proper persons to appraise such ship or vessel, goods, wares 
or merchandise, who shall be sworn in open court for the faithful discharge of their 
duty. And such appraisement shall be made at the expense of the party on whose 
prayer it is granted. And on the return of such appraisement, if the claimant shall 
with one or more sureties, to be approved of by the court, execute a bond in the usual 
form of law to the general treasurer of this state, for the payment of a sum equal to 
the sum at which the ship or vessel, goods, wares or merchandise so prayed to be 
delivered be appraised, the court shall by rule, order such ship or vessel, goods, wares 
or merchandise to be delivered to the said claimant ; and the said bonds shall be 
lodged with the proper officer of the court. And if judgment shall pass in favor of 
the claimant, the court shall cause the said bond to be cancelled. But if judgment 
shall pass against the chumant as to the whole or any part of such ship or vessel, 
goods, wares or merchandise, and the claimant shall not within twenty days there- 
after pay into the court the amount of the appraised value of such ship or vessel, 
goods, wares or merchandise so condemned, witli the costs, the bonds shall be put in 
suit. And when any prosecution shall be commenced on account of the seizure of any 
ship or vessel, goods, wares or merchandise, and judgment shall be given for the 
claimant or claimants, if it shall appear to the court before whom such prosecution 
shall be tried, that there was a reasonable cause of seizure, the same court shall cause 
a proper certificate or en try -to be made thereof, and in such case the claimant shall 
not be entitled to costs ; nor shall the person who made the seizure, or prosecutor be 
liable to action, judgment or suit on account of such seizure or prosecution. Provided, 
that the ship or vessel, goods, wares or merchandise, be after judgment forthwith 
returned to such claimant or claimants, his or their agents. And provided, that no 
action or prosecution shall be maintained in any case under this act, unless the same 
shall have been commenced within three years next after the penalty or forfeitu^ was 
inettrred. , 

And be it further enacted by the authority aforesaid, that all ships, vessels, goods, 
wares, or merchandise, which shall be condemned by virtue of this act shall be sold 
by the proper officer of the court in which such condemnation shall be had to the 

VOL. X. 46 



354 RBCORDS OF THE STATE OF RHODE ISLAND [SePT., 

highest bidder at public auction, bj order of such court, and at euch place as the 
court shali appoint ; giving at least fifteen days notice, except in case of perishable 
goods, in one or more of the public newspapers of the place where such sale shall be ; 
or if no newspaper be published in such place, in one or more of the newspapers pub- 
lished in the nearest place thereto. 

And be it fUrther enacted by the authority aforesaid, that all penalties, fines, and 
forfeitures recovered by virtue of this act, and not otherwise appropriated, shall, after 
deducting all proper costs and charges, be disposed of as follow, to wit : one moiety 
thereof shall be for the use of this state, and be paid into the general treasury ; the 
other moiety thereof shall be divided into three equaVparts, and paid to the collector, 
naval officer and surveyor of the district wherein the same shall have been incurred. 
And in such districts where only two of the aforesaid officers shall have been estab- 
lished, the said moiety shall be equally divided between them ; and in such district 
wherein only one of the aforesaid officers shall have been established, the said moiety 
shall be given to such officer. Provided nevertheless, that in all cases where such 
penalties, fines and forfeitures shall be recovered in pursuance of information given to 
such collector by any person other than said naval officer and surveyor, the one half 
of such moiety shall be given to the informer, and the remainder thereof shall be dis- 
posed of between the collector, naval officer and surveyor in manner and form as 
above limited and expressed. 

And be it further enacted by the authority aforesaid, that this act shall continue and 
be in force until the first day of June, which shall be in the year of our Lord one 
thousand seven hundred and ninety* six ; and from thence until the end of the next 
succeeding session of this Assembly which shall be held thereafter and no longer. 

And be it further enacted by the authority aforesaid, that all acts of this Assembly, 
excepting those for collecting light money, touching the levying or collecting of duties 
or imposts, for the purpose of raising a revenue in this state, be, and the same are, 
hereby repealed. 

It is ordered, that the secretary cause one hundred copies of this act to be forthwith 
printed ; that he agree with one of the printers for doing the same on the best terms 
he can ; and that he transmit copies thereof to the several town clerks, and clerks of 
the superior and inferior courts in this state, one to the attorney general, one to the 
general treasurer, and one to each collector, naval officer and surveyor to be appointed 
by virtue of this act. 



An act allowing a drawback of duties on certain articles exported from this state. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that on the exportation of New England rum, loaf sugar and chocolate, manufoctured 
in this state, there shall be allowed and paid, as a drawback of duties, by the collec- 
tor in whose office, any ship or vessel may clear out, as follows, to wit : 

Oente. 

On every gallon of New England rum, of common proof li 

On every pound of loaf sugar 1 

On every pound of chocolate ; i 

Provided always, that the duty on molasses, sugar and cocoa nuts, used in such man- 
ufactures shall have been paid withiti this state. And provided also, that no drawback 
be allowed as aforesaid, unless the said molasses, sugar and cocoa nuts shall have been 
invoiced, guaged or weighed, and registered by a collector of imposts and duties, for 
the aforesaid purpose of manufacturing, previous to their being so manufiictured. 



1789.] AND PBOVIDEHCB PLANTATIONB. 355 



It is ordered, tliBt the Secretary truiimit printed copies of Oue act to the itiae ' 
officers to whom he is directed to tmnamit copies of the act for levjrlng luiil collecting 
certain dntUi and impoeti, paued at the preseat leuion. 

It is voted and resolved, that the draught of a letter from 
this Assembly to the President, Senate and House of Eep- 
resentatives of the eleven United States of America, in 
Congress assembled, be, and the same is, hereby approved. 
And that His Excellency the Governor, be and he is, hereby 
requested, to cause a fair copy thereof to be made, and sign 
and transmit the same to the President of the said United 
Statea 

Whereas, the bills of credit ordered to be emitted by this 
Assembly at the session held in May, A. D., 1786, have 
gradually depreciated, insomuch that great injustice will 
take place unless some remedy be provided : 

Be it therefore enacted by this General Assembly, and 
by the authority thereof it is enacted, that the operation of 
- the act making the aforesaid bills a legal tender, so far as 
respects a tender and lodgment thereof, be, and the same is, 
hereby suspended until the rising of this Assembly at the 
ne&t adjournment. 

Whereas, this Assembly, at the session held in June last, 
passed an act in addition to an act passed at the session held 
in March last, for relaying an opening the road leading from 
Providence to Killingly, in Connecticut, and it was intended 
that the branch of the said road leading from Cot. Daniel 
Manton's, and falling into the Plainfield road at the public 
house, now kept by Mr. John CliflTord, in Johnston, should 
be relayed with the other part of the said road leading to 
Providence, through North Providence : 

■It is therefore voted and resolved, that the committee 
appointed in the said act proceed upon, relay and open the 
said road, from the comer where it leaves the highway that 
leads through North Providence to the place where it falls 
into the Plainfield road at Mr. Clifford's, as aforesaid. 



356 RECORDS OF THE STATE OF RHODE ISLAND [SePT., 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred to 
the next session. And that this Assembly be, and hereby is, 
adjourned, to the second Monday in October next, then to 
meet at the state house, in the county ot Kent 

God save the state ! 



The General Assemblj of the state of Rhode Island and Providence Plantations. 
To the President, the Senate and the House of Representatives of the eleven United 
States of America, in Congress assembled : 

The critical situation in which the people of this state are placed, engage us to make 
these assurances, in the behalf of their attachment and friendship to their sister states, 
and of their disposition to cultivate mutual harmony and friendly intercourse. They 
know themselves to be a handful, comparatively viewed, and although they now stand, 
as it were, alone, they have not separated themselves, or departed fh>m the principles of 
that confederation which was formed by the sister states in their struggle for freedom, 
and in the hour of danger. They seek by this memorial to call to your remembrance 
the hazards which we have run, the hardships we have endured, the treasure we have 
spent, and the blood we have lost together in one common cause, and especially the ob- 
ject we had in view — the preservation of our liberty — wherein ability considered they 
may truly say, they were equal in exertions with the foremost. The effects whereof in 
great embarrassments and other distresses, consequent thereon, we have since experi- 
enced with severity, which common sufierings and common danger we hope and trust 
will yet form a bond of union and friendship not easily to be broken. Our not having 
added to or adopted the new system of government formed and adopted by most of 
our sister states, we doubt not has given uneasiness to tliem. That we bave not seen 
our way clear to do it consistent with oar idea of the principles upon which we all 
embarked together, has also given pain to us ; we have not doubted but we might 
thereby avoid present difficulties, but we have apprehended fhture mischief. The 
people of this state from its first settlement have been accustomed and strongly 
attached to a deuiocratical form of government. They have viewed in the new con- 
stitution an approach, though perhaps but small, towards that form of government 
flrom which we have lately dissolved our connection at so much hazard of expense of 
life and treasure, — they have seen with pleasure the administration thereof fh>m the 
most important trusts downward, committed to men who have highly merited and in 
whom the people of the United States place unbounded confidence. Yet, even On this 
drcnmstance, in itself so fortunate, they have apprehended danger by way of prece- 
dent. Can it be thought strange then, that with these impressions, they should wait 
to see the proposed system organized and in operation, to see what farther checks and 
securities, would be agreed to, etc., established by way ot amendments, before they would 
adopt it as a constitution of government for themselves and their posterity f These 
amendments we believe have already afforded some relief and satisfaction to the minds of 
the people of this state. And we earnestly look for the time, wiien they may with clear- 
ness and safety, be again united with their sister states under a constitution and form 
of government so well poised, as neither to need alteration or be liable thereto by a 



[1789. AHD PEOVIDENCB PLANTAH0S8. 357 

in«jori^ ot\y of nme statet oat ot ihirtren, & cireuniBtaDce which maj posaihlf take 
pljtce agaiDd the lenic of a m^ority of the people of the Uoited States. We are ■en- 
Bible of the eitremes to which democntical government is lameUmei liable ; some- 
thing of which we have Utel? experienced, bat we esteem Cheia temporal? and partial 
evils, compared witli the loea of lil>ert; and the rights of a tree people. Neither do 
we apprehend the; will be marked with severity bj our sister slates, when it it 
considered that dnring the late tronble, the whole United States notwithstanding their 
jointwisdom and efforts feli into the like miatbrtnne. That from our extraoMinar; 
exertions, this state was letl in a situation nearlj' as emharragsing as that during the 
war. That in the measares which were adopted, government unfortunately had not 
that aid and snpport tram the nonied interest, which our sister stales of New Tork 
and the Carolinas experienced under similar circumslances, and especially when it is 
considered that upon some abatement of that fermentation in the minds of the people 
which is so common in the collision of sentiments and of parties, a dispoiicion appears 
to provide a remedy for the difScnlties we have labored under oo that account. 

We are indnced to bope that we »ball not be altogether considered as loreignert, 
having no particular affin^y or coQuectiou with the United States. But that trade and 
commerce, upon which the prosperity of this state much depends, will be preserved 
as free and open between tb)^ and the United States as our different situations at pres- 
ent can possibly admit. EartfMtly desiring and proposing to adopt-such commercial 
regubitions on our pan as shall hot teud to defeat the collection of the revenue of the 
United States, but rather to act in conformity to. or corporate therewith, and desiring 
also to give the atrougesE assurances tbatweshallduiingour present situation use our 
utmost endeavors to be in preparation, tmai time to time, to answer our proportion of 
such part of the interest or priucipal of the foreign and domestic debt, as the United 
Ststes sbali judge expedient to pay and discharge. We feel ourselves attached by 
the strongest ties of friendship, kindred and of interest with our sister states, and we 
cannot without the greatest reluctance look to any other quarter for those advantages 
of commereial intercourse which we conceive to be more natural and reciprocal 
between them and u«> 



Proceedings of ike GenercU Assemhfy of the State of Rhode 
Island and Providence Phntatiom, at East Greenwich, on the 
second Mmday in October, 1789. 

His Excellency John Collins, Governor. 

It is voted and resolved, that John Dornmce and George 
Seat^ Esqra., be, and they are, hereby appointed a commit- 
tee, to audit the accounts of the late intendants of trade for 
the ports of Newport and Providence ; and that they report 
as soon as may be. 



358 RECORDS OF THK STATE OF RHODE ISLAND [OOT., 

It is voted and resolved, that the secretary be directed to 
cause to be printed, one hundred and fifty copies of the 
amendments to the new constitution, as agreed to by Con- 
gress, and which have been communicated by the President 
of the United States to this legislature ; and that one copy 
thereof be sent to each town clerk in the state as soon as 
may be, to be laid before the freemen at the town meetings 
to be holden on Monday next, agreeably to a former resolve 
of this Assembly, for their consideration. 

Upon the petition of Joseph Rhodes and others, citizeil^ 
of this state, representing that during the last spring and 
. summer they employed themselves in taking and curing 
codfish at Gaspee, in the British government. That having 
no other opportunity, they freighted the fish, being their 
own property, in a British vessel commanded by Captain 
Lucas. That upon their arrival they found the fish subject 
to a duty of three shillings in specie per quintal ; and that 
if the said duty be exacted, it will greatly distress them and 
"their families ; and praying that the said duty be remitted, 
and they discharged from paying the same. 

It is voted and resolved, that the prayer thereof be, and 
the same is, hereby granted. 

Whereas, Samuel Abom, Esq., and Mr. Lowry Abom, 
preferred a petition, and represented unto this Assembly, 
that the sloop Charlotte, whereof Christopher Thornton was 
master, arrived at Providence from St. Martin's, having on 
board about fourteen hundred bushels of salt, on the third 
day of September last ; that they made report to the office 
of John Mathewson, Esq., then collector of impost for the 
county of Providence, and being desirous to wait the event 
of an application, then made to Congress by several towns 
in the state, for exempting the vessels of this state from the 
foreign duties and tonnage, they continued to report from 
day to day, with the permission and under the inspection of 
the said John Mathewson, until the rising of this Assembly 



1789.] AND PBOVIDENGE PLANTATIONS. 359 

at 'the last session. That on the Monday after they applied 
to the said John Mathewson to enter the said salt^ which he 
declined, supposing his authority to do the same superseded 
by the act of this Assembly, passed at last session for levy- 
ing an impost. That thereupon, they ordered the said sloop 
to Connecticut, for which state she sailed the same day ; but 
meeting with a gale of wind, in which her rigging and sails 
suffered much damage, she returned to Providence, without 
having been entered in Connecticut, and having on board 
all the same cargo as when she arrived from St Martin's, 
except the unavoidable waste of salt ; and that they there- 
upon entered the said sloop and cargo in the proper offices 
in the district of Providence, being obliged to give bond for 
the payment of the duties required by the said act for levy- 
ing an impost. And thereupon they prayed that they may 
be permitted to discharge the said bond, by paying the same 
duties as would have been payable to the said John Mathew*- 
son, had the said cargo been entered at his office, when the 
said sloop first arrived from St. Martin's. 

And the said petition being duly considered,— 
It is voted and resolved, that the prayer thereof be, and 
the same is, hereby granted. 

An Act repealing the statute of limitations and lengthen- 
ing the time for the redemption of mortgages. 

An Act in addition to, and in explanation of, an act^ passed 
by this Assembly at the last session, for levying and col- 
lecting certain duties within this state. 

[For these acts at length, see printed schedule.] 

It is voted and resolved, that three hundred pounds, in 
the paper currency of this state, be allowed and paid out of 
the general treasury to His Excellency John Collins, Esq,, 
Governor of the state, in part of his salary. 



360 RECORDS OF THE STATE OF RHODE ISLAND [OCT^ 

It is voted and resolved that one hundred and thirty-five 
pounds in the paper currency of this state, be allowed and 
paid out of the general treasury to Mr. Robert Rodman ; it 
being in full for his account, amounting to nine pounds in 
specie, for the support of Mingo Rodman, a disabled soldier, 
and a pauper of the state at large, from April 13th last, to 
October 12th instant. 

Whereas, it is represented unto this Assembly, that the 
names of some of the signers of the bills of the paper 
money, of the last emission of this state, have been acci- 
dently cut oflf from sundry bills, whereby they are prevented 
from being passed, and the possessors will be injured, unless 
a remedy be provided. 

It is therefore voted and resolved, that the general treas- 
urer be, and he is, hereby directed to exchange out of the 
unloaned money in the general treasury, all such bills as 
may be presented to him for exchange : provided, the same 
shall appear to him to be true and genuine, and to have been 
signed agreeably to the emitting act, and that the names of 
some of the signers had been accidently cut off 

Whereas, the company of Pawtuxet Rangers, in this 
state, have through accident neglected to convene and 
choose their officers, agreeably to their original charter, 
whereby it is vacated ; and the said company have now 
prayed this Assembly to revive the same. 

Be it therefore enacted by this General Assembly, and by 
the authority thereof it is enacted, that the said charter be, 
and the same is, hereby revived. That the said company 
have and enjoy the same, fully and amply as it was originally 
given, and as though no lache had happened ; and that the 
officers appointed by the said company to command them, 
at their last election, and approved of agreeably to their 
said charter, be continued in their offices until the general 
election in May next 



1789.] AND PBOVIDENCB PLANTATIONS. 361 

It is voted and resolved, that Thomas Peckham, Esq., of 
Newport, be, and he is, hereby joined with Joseph Tweedy 
and James Sheldon, Esqs., the committee heretofore ap- 
pointed to enquire into confiscated estates ; and that the 
said committee complete the said business as soon as may be. 

It is voted and resolved, that the road leading from 
Smithfield through North Providence, over the Mill Plains, 
be made one rod wider, from the place called Sandy Hollow, 
across the said Mill Plains, until it meets Providence line. 
That the committee, appointed by the town council of the 
said town of North Providence, agree with the owners of 
the land through which the said highway may run, and make 
a plat thereof, to be filed in the town clerk's ofl&ce of the 
said town ; and that all expenses for the purchase of the 
land, and of the committee, be defrayed by the said town. 

An Act substituting real and personal estate, in lieu of 
money, for the payment of debts. 

[For the above act at length, see the printed schedule.] 

It is voted and resolved, that the session of the General 
Assembly, which was of course to be holden on the last 
Wednesday of October inst, be held at the state house in 
South Kingstown, on the first Monday in October, inst , any 
law or custom to the contrary notwithstanding. 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred to 
the next session ; and that this Assembly stand adjourned 
to Saturday the thirty-first inst., if then called by His Excel- 
lency the Governor ; but if not called before, nor at that 
time, that then this Assembly be, and the same is, hereby 
dissolved. 

God save the State ! 

' VOL. X. 46 



362 RECORDS OF THE STATE OF RHODE ISLAND [OCT,, 



Proceedings of the General Assemhbf of the State of Rhode 
Island and Providence Plantaiions, ai South Emgstown^ on 
the last Monday J in October^ 1789. 

His Excellency John Collins, Governor. 
The Hon. Daniel Owen, Deputy Governor. 

Whereas, Mr. David Hall and others, inhabitants of this 
state, represented unto this Assembly, that, the last spring 
they Avent on a fishing voyage to the Bay of Gaspee. 
That not having any vessel of their own, they were under 
the necessity of shipping their fish in a British bottom, and 
arrived here a few days ago in the schooner Nelly, com- 
manded by Captain Crumb ; and that, by an act passed at 
the session in September last, their fish is subjected to a 
heavy duty, the payment of which will ruin their voyage. 
And thereupon they prayed this Assembly to remit the duties 
on the said fish. And the said petition being duly considered, 

It is voted and resolved, that the prayer thereof be, and 
the same is, hereby granted. 

Whereas, it is the obvious and indispensable duty of all 
states and people, to make suitable acknowledgments of the 
blessings of Heaven, and to render therefore public thanks- 
givings and praises to Almighty God, the sole giver of good 
gifts ; and as the people of this state have been highly 
favored, in the course of the last year, with many invaluable 
blessings, .particularly those of health, and plentiful harvests, 

It is therefore voted and resolved, that Thursday, the 
twenty-sixth day of November next, be appointed and set 
apart as a day of public thanksgiving to Almighty God, in 
and throughout this state, for the various manifestations of 
a merciful Providence to this state, and the other states 
of America, lately united under the same confederation, 
during the year past ; and of prayer, for the continuation 



1789.] AND PROVIDENCE PLANTATIONS. 363 

of the Divine favors to the people of the aforesaid states, 
in regard to both their spiritual and temporal concerns ; 
and that His Excellency the Governor be, and he is, hereby 
requested to issue a suitable proclamation for the purposes 
aforesaid. 

Whereas, John Jenckes, Esq., and Mr, George Olney, pre- 
sented unto this Assembly the following report, to wit : — 

Repori of the Commismners appointed hy the General Assembly 
for sdtling the accounts of this State with the United Slates. 

The subBcrlben appolnled commiMioneri by the Honorable, the Legislature, at 
OctoberseBBioD, A. D. 1788, to receive and examine unliquidated accounts and equitable 
claims of tbe iababitanls of thisBlate against the United Stales, beg leave to report that 
from November lOth, A. D. 1T88, to this day, ve buve cooBtantl}' attended to tlio 
bnsinesB ; that the ctaima exhibited to the time of the ABBemblj'i meeliog in Decem- 
ber, and then reported, amount in ipecie to £67,777 8 1 

That those aflerwnrdg received and contained in oor second report 
at March seBsion, amount to ' 8,800 16 2* 

And that we have since received, examined, stated and recorded in 
tbe stale's ledger, the folloving aeconnta and certiflcatea, to wit: * 
which amount to 206.410 7 10 

Amounting in the whole in spede to £277,988 11 U 

We farther bef leave to observe, that since our appointment wa hare, by a re-eiatn- 
inatioQ of the public papers and documents in thti and the secretarj's office, discovered 
in this state's accounts delivered to the Continentalcommiseioner in October, A. D. 1788, 
several crrars and omissions, the balance of which in favor of tlie s 
nearly twenty -seven thouBond pounds, in specie ; stalementB of part of these oi 
l)eing for pay and depreciation to the state's battallion, we have transmitted with the 
vouchers to the commissioner of the anvy accounts at New York, for liquidation and 
allowance : the remainder, being for charges in the other departments, we shall 
forward lo the Secretary of the Treasury by Captain Brown, who is to sail for that 
dty on Wednesday next. We haveVlso noted those errors, and charged the omisaions 
in tbe ledger belonging to the stale. 
Theibresoiog is respectfully submitted, bj 

JOHN JSNCKES, 
QBOBOE OLNEY, 

Commissioner*. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted. 

* H«n IbLIowed in ucotiDt of the clakoA, conslitiDg of apnrdi of oem haodrad uid Cblrty diffenqt 
ebuiw (DrduucM niiil dvprecUtlou of tha bdoiij, and varioDi Mbti artlcla. As rMoam ctn bo hid 
to Uh •■■te'i Isdgn, It ns tbougbt uaatatrnzj to luol ttu partlcului In (ha loh^iila. 



364 EECORDS OF THE STATE OP RHODE ISLAND [OCT^ 

It is voted and resolved, that Mr. Gieorge Olney be, and 
he is, hereby appointed sole commissioner to receive and 
examine unliquidated accounts and equitable claims, of the 
towns and inhabitants of this state against the United 
States. That he keep his ofl&ce open one day in each week 
only. That he give information hereof to the inhabitants, 
by publishing notifications in the several newspapers in the 
state ; and that the said office be continued until the next 
session of this Assembly. 

Whereas, Henry Sherburne, JEsq., preferred a petition and 
represented unto this Assembly, that the General Assembly 
at the session in February, A. D., 1786, assumed the pay- 
ment of a debt due to him from the United States, for a 
balance of wages as a Colonel in the Continental army. 
That only a part of the said debt hath been discharged, 
and a balance remains due to him of one hundred and 
twelve pounds nine shillings and sevenpence in specie, ex- 
clusive of interest ; and that the whole of the said debt is 
charged by this state to the United States. And thereupon 
prayed that the said balance may be paid to him out of the 
general treasury. And whereas, the following report was 
made on the said petition, to wit : 

Report of the Committee appoirded by the General Assembly 
to settle CoL H, Sherhiime^s Account. 

9 

The Bubseribera, appointed by the Lower HouA a committee on this petition, report 

that the original earn allowed to the said Henry Sherburne was two hundred and fifty- 

seyen pounds, seven sliillings, and sevenpence : that of this he hath received one 

hundred forty*four pounds, eifrhteen shillings ; and that tlie balance, being one hundred 

and twelve pounds, nine shillings, and fivepence, exclusive of the interest, remains 

unpaid. 

BENJAMIN BOURNE, 

JONATHAN J. HAZABD, 

NATHAN MILLER, 

Committee. 

And the premises being duly considered, — 

It is voted and resolved, that the said report be accepted. 



1789.] AND PROVIDENCE PLANTATIONS. 365 

That the sum of one thousand six hundred and eighty-seven 
pounds one shilling and threepence, in the bills of credit 
emitted by this state, being equal to the sum of one hun- 
dred and twelve pounds nine shillings and flvepence in spe- 
cie, be allowed and paid out of the general treasury to the 
said Henry Sherburne ; and that the same be a full dis- 
charge of the aforesaid demand. 

It is voted and resolved, that one thousand five hundred 
pounds, in the bills of credit emitted by this state, be allowed 
and paid out of the general treasury to Mr. John Carter, on 
account of printing done for the state ; and that he account 
for the same as equal to one hundred pounds in specie. 

An Act altering the style of the inferior courft of Common Pleas in this state. 

Be it enacted bj this General Assembly, and by the authority thereof it is enacted , 
that the style of the inferior courts of Common Pleas, as established by law, be altered ; 
that in future the style of the said courts be The Court of Comtnon Pleas ; and that 
in all writs and processes, issuing from or returnable to the said courts, after the first 
day of January next, the style of the said courts be given as is herein, directed : any 
law to the contrary hereof notwithstandincr. 

It is ordered, that this act be published in the public newspapers in this state. 

Whereas, this Assembly, at the session in December, A. 
D., 1788, appointed a committee to settle all disputes among 
the Narragansett tribe of Indians, in this state, etc., and 
Rowse J. Helme, Esq., one of the said committee, have since 
deceased, and . George Champlin, Esq., another of the said 
committee hath declined serving. And whereas, divers 
members of the council of the said tribe, have requested 
this Assembly, that Nathan Helme, Jr., Esq., may be ap- 
pointed a member of the said committee, in the room of 
the said Rowse J. Helme. 

It is therefore voted and resolved, that Nathaniel Helme, 
Jr., Esq., and Sylvester Robinson, Esq., be, and they are, 
hereby appointed members of the said committee, in the 
room of the said Rowse J. Helme, and George Champlin ; 
and that the said committee proceed upon and complete 
the business, agreeably to the aforesaid act passed in Decem- 
ber, A. D. 1788. 



366 RECORDS OF THE STATE OP RHODE ISLAND [OcT., 

• It is voted and resolved, that the Honorable Daniel Owen, 
Esq., John Dorrance, Esq., Mr. Peleg Clarke, John I. Clarke, 
Jonathan J. Hazard, Nathan Miller, and Job Comstock, Esqs., 
be, and they are, hereby appointed a committee, to ascertain 
the gradual depreciation of the bills of credit emitted by 
this state in May, A. D. 1786, from the time of its first 
being emitted to the present time ; and that they make 
report to this Assembly as soon as may be. 

It is voted and resolved, that Henry Sherburne, Jeremiah 
Olney, and Job Comstock, Esqs., be, and they are, hereby 
appointed to adjust and settle the accounts of the invalids, 
and of the money heretofore advanced to them by this state 
on account, agreeably to^the report that shall be made by 
the committee appointed to ascertain the gradual deprecia- 
tion of the bills of credit of this state. That they adjust 
the said accounts to the month of March next ; and that 
they take ^11 the matters contained in General Knox's let- 
ter into consideration, and make the returns agreeably to 
the directions therein enclosed. 



An Act in amendment of the Act passed at the session held in September last, for 

collecting certain duties and imposts. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted that so much of the Act passed at the session held in September last, entitled, 
" An Act for levying and coUectiog certain duties and imposts within this state," as 
directs the commander oi every ship or vessel, bound to a port of delivery only, to 
come to at the port of entry of such district with his ship or vessel, and there to make 
entry, &c., be, and the same is, hereby repealed. 

And it is further enacted by the authority aforesaid, that the captain of every ship 
or vessel shall, within forty-eight hours after his entry into a port of delivery, proceed 
to a port of entry, and there make entry and deliver a manifest of his cargo, and pay 
or secure to be paid all legal duties, port-fees and charges, in manner as prescribed by 
the said Act, upon the penalty .therein mentioned. 



It is voted and resolved, that in the admeasurement of 
salt, subject to a duty within this state, the same be done 
agreeably to water measure, allowing five pecks for every 
bushel ; and that this act extend to the salt already im- 
ported and entered. 



1789.] AND PROVIDENCE PLANTATIONS. 367 

Report of the Committee for relaying the Road from KiMngly^ in 

Connecticut^ to Providence, 

Whereas, the committee appointed to relay and open the 
read, leading from Connecticut line, easterly, through Glo- 
cester, etc., to Providence, presented unto this Assembly the 
following report, to wit : 

[For this report at length see October schedule, 1789.] 

It is voted and resolved, that all business lying before 
this Assembly unfinished, be, and the same is, hereby referred 
to the next session ; and that this Assembly be, and hereby 
is, adjourned unto the second Monday in January next, then 
to convene at the State House in Providence. 

God save the State ! 



Proceedings of the General Assembly of the State of Rhode 
Island and Providence Plantations^ at Providence, on the second 
Monday in January, 1790. 

His Excellency John Collins, Governor. 

The Hon. Daniel Owen, Deputy Governor. * 

w 

Whereas, divers of the inhabitants of the town of Warren, 
represented unto this Assembly, that several persons in the 
said town, are infected with the small pox in the natural 
way, which fills them with the most alarming apprehensions ; 
and prayed that liberty may be granted to open an Hospital 
in the said town, for communicating that distemper by inocu- 
lation. Which being duly considered, — 

It is voted and resolved, that the prayer of the aforesaid 
petition be, and the same is, hereby granted. Provided, the 
freemen of the said town of Warren, in town meeting 
assembled, shall agree to permit inoculation for the small 



368 RECORDS OP THE STATE OP RHODE ISLAND [JaN., 

• 

pox in the said town. That in such case, the house of Mr. 
Richard Barton be set apart for that purpose. That the 
town council of the said town, with such other persons as 
the said town may appoint, be, and they hereby are, em- 
powered to make and ordain all such rules and regulations 
as shall be necessary for confining the distemper to the 
place aforesaid, and within such limits as they may prefix ; 
and that the physician, and all other persons, attending the 
said hospital, together \frith the patients, be subject to the 
rules and regulations which shall be made and ordained as 
aforesaid. 

An Act to incorporate certain persons by the name of the 
River Machine Company, in the town of Providence, and 
for other purposes herein mentioned. 
[For this charter at length, see the printed scheduler] 

Whereas, the following report was laid before this Assem- 
bly, to wit : 

Report of the Committee appointed by the General Assembly to 

btdld a Jail in Washington County. 

We the subscribers being appointed a committee to procure a lot of land for a Jail 
in South Kingstown, and draw a plan of a building fur that purpose, beg leave to 
report, that we have contracted with Col. Thomas Potter for a suitable lot of land on 
the south side of the road opposite the old Jail ; and that we have prepared a plan of 
a convenient Jail, which we herewith submit 

JOHN GARDINER, 
SAMUEL J. POTTER, 
ROWLAND BROWN, 

Committee. 
South Kingstown, January 8th, 1790. 

And the said report being duly considered, — 
It is voted and resolved, that it be accepted. That the,, 
aforesaid Samuel J. Potter, Esq., Jonathan J. Hazard, Esq., 
and the aforesaid Rowland Brown, Esq., be, and they are, 
hereby appointed a committee to complete the purchase of 
the aforesaid lot> and to build a jail thereon, agreeably to 



1790.] AND PBOYIDENCE PLANTATIONS. 369 

the aforesaid plan. That they take a deed of the said lot, 
in the name of the general treasurer of this state. That 
the said jail be of the dimensions of forty feet by thirty- 
two, and contain two stories. That the said committee 
proceed to procure the necessary materials, and to con- 
tract for the work, upon the best terms they can; and 
that they be, and hereby are, empowered to draw out of 
the general treasury, the sum of two thousand one hundred 
pounds, in the bills of credit emitted by this state, for the 
purposes aforesaid ; to be accounted for by them. 

Whereas, the general treasurer laid before this Assembly 
the present state of the taxes, as follows, to wit : 

The town of South Kingstown is deficient in the state 
tax ordered to be assessed at the June session, A. D. 1788, 
one hundred and six pounds seventeen shillings and five- 
pence ; for which execution is granted. 

In the state tax ordered at the March session, A. D. 1789, 
the following towns are deficient, to wit : 

Newport £451 2 8 

Portsmoath 96 11 8 

Jamestown 96 6 

Tirerton 228 4 10 

litUe Compton 118 11 6 

New Shoreham > 8 8 8 

ProTideDce 882 6 8 

Smithfleld 2 8 7 

Scitaate 166 6 8 

Cumberland 221 11 1 

CranBton 791 6 

Foeter 28 12 6 

North Kingstown 744 17 2i 

South Kingstown 1829 14 

Charlestown 511 18 

Richmond 115 8 2 

Hopkinton 118 4 2 

Exeter 27 1 6 

Warren 81 1« 10 

Bast Greenwich Ill 

Corentry W6 16 8 

JOSEPH CLABKE, 

Qenend Trawvier. 

Newport, January 12th, 1790. 
VOL. X. 47 



370 RECORDS OF THE STATE OF RHODE ISLAND [JaN., 

Which being duly considered, — 

It is .voted and resolved, that the general treasurer be, 
and he is, hereby directed to issue his warrants, within 
twenty days after the rising of this Assembly, against the 
town treasurers of the several towns in this state, that shall 
then be deficient in the payment of the said state tax of 
March, A. D. 1789. 

It is voted and resolved, that Jeremiah Olney, and John 
S, Dexter, Esqs., be, and they are, hereby appointed a com- 
mittee to ascertain the demands of the invalids against the 
state to the fourth day of March, A. D. 1789. That they 
determine the value of the money advanced to them accord- 
ing to the best information they can obtain upon the sub- 
ject ; and that the said committee report to this Assembly 
as soon as may be ; and also transmit to the secretary of 
war of the United States of America, a list of the invalids 
belonging to this state, and of the sums advanced to them 
out of the general treasury. 

And it is further voted and resolved, that the said com- 
mittee with Mr. Paul Allen, be, and they are, hereby ap- 
pointed to inspect invalids, agreeably to the resolve of Con- 
gress, passed in June, A. D. 1785. 

Whereas, Mr. William Tanner preferred a petition, and 
represented unto this Assembly, that he served in the guards 
of the commander-in-chief of the American army, and in the 
year 1781, when upon duty, fell upon a rock, which occa- 
sioned a rupture that disabled him from doing duty. That 
Dr. Cochran would have then discharged him, had it not 
been for Captain William Colfax, then commanding the said 
guards, who from motives of friendship advised him to con- 
tinue in the service until the end of the war, that he might 
reap the advantage of a final settlement, as well as a pen- 
sion as an invalid, and gave him a permit to retire until he 
should be able to march with the corps to which he belonged. 
That he aftenyards joined the corps, but in the meantime 
those unfit foi? duty, who were present, were turned over 



1790.] AND PEOVIDBNCE PLANTATIONS. 371 

to the corps of invalids, of which advantage he was deprived, 
by pursuing the advice so given him ; and that the said 
William Colfax, living in the Jerseys, and he not knowing 
where he did live until very lately, he "^could not procure 
the proper credentials until j, within three months past, in 
which time he hath travelled to the said William Colfax's, 
and obtained from him the necessary certificate. And there- 
upon, he prayed this Assembly for an equitable allowance. 
And whereas, Jeremiah Olney, and John S. Dexter, Esqs., 
presented unto this Assembly the following report, to wit : 



Report of the Committee appointed by the General A88emi>ly on the 

petition of William Tanner. 



We, the subscribers, being by the Honorable Gedend Assembly, at the present 
session, appointed a committee, on the petition of William Tanner, beg leave to report, 
that the circumstances on which the petitioner founds his claims are incontestibly sub- 
stantiated by the accompanying certificate of William Colfax, late commandant of the 
commander-in-chiefs guard, and consequently that the said William Tanner is entitled 
to the proYision made by an ordinance of Congress, of the seventh of June. A. D. 1786. 

The committee beg leave further to report, that in pursuance of our said appoint- 
ment, and in conformity to the aforesaid ordinance, ve have carefVilly examined the 
disability of the said William Tanner, contracted in the manner set forth in his 
petition, and as a compensation corresponding with the degree of his said disability, 
are of opinion, that he receive a monthly pension of two dollars and twu-thirds of a 
dollar, from the time of his discharge from the army on the third day of November, 
A. D. 1788, during his life; and that consequently there is due to him, up to the fourth 
day of March, A. D. 1789, (from which time the United States of America have made 
provision for and assumed the payment of the invalid pensions) being five years ibor 
months and one day, at the rate aforesaid, the sum of fifty-one pounds four shillings 
and sixpence, specie. Of which inspection we have given a certificate to the said 
William Tanner, agreeably to the aforesaid ordinance. All which we humbly submit 

JEREMIAH OLNEY, 
JOHN S. DEXTER, 

Committee. 

And the premises being duly considered,— 
It is voted and resolved, that the said report be accepted. 
That the sum of seven hundred and sixty-nine poimds, in 
the biUs of credit emitted by this state, being equal to the 
aforesaid sum of jBfly-four pounds four shillings and sixpence 
specie, be allowed and paid out of the general treasury to 



V 



372 RECORDS OF THK STATE OF RHODE ISLAND [JaN., 

the said William Tanner ; and that upon payment the gene- 
ral treasurer take a receipt from him in full of his demands 
as an invalid to the fourth day of March, A. D. 1789. 

Whereas, this Assembly at the last session, appointed 
Nathaniel Helme, Jr., Esq., and Sylvester Robinson, Esq., 
two of a committee originally appointed at the session held 
in December,* A. D. 1788, for settling disputes among the 
Narragansett tribe of Indians in this state, etc. And whereas, 
the said Nathaniel Helme, Jr., hath since deceased, and the 
council of the said tribe hath requested this Assembly to 
appoint Joseph Stanton, Jr., Esq., of Charlestown, a member 
of the said committee, in the room of the said Nathaniel 
Helme, Jr., and have represented that the said Sylvester 

Robinson is related to the parties on the side of Mr. 

Clarke, with whom the said tribe hath a dispute, and prayed 
this Assembly to appoint some other person in his stead. 

It is therefore voted and resolved, that the said Joseph 
Stanton, Jr., and Rowland Brown, Esq., be, and they are, 
hereby appointed members of the said committee, in the 
room of the said \ Nathaniel ^elme, Jr., and Sylvester Rob- 
inson ; and that the said committee do the business agreea- 
bly ta the said «ct originally constituting it 

It is voted and resolved, that the Honorable Daniel Owen^ 
Esq., Nathaniel Wade, Esq., and Mr. Seth Hunt, be, and they 
are, hereby appointed a committee, to settle the accounts 
of Messrs. Stephen Winsor, Arnold Smith, Martin Smith, 
and Jesse Sttiith, who were directors of a lottery granted at 
February session, A. D., 1786, for building a meeting house, 
in Glocester ; and that the expense thereof be defrayed by 
the said directors without any expense to the state. 

It is voted and resolved, that Henry Marchant, Benjamin 
Bourne, William Channing, Jonathan J. Hazard, and John 
S. Dexter, Esqs., be, and they are, hereby appointed a com- 
mittee, to revise the act of this state, for the more equal 
distribution of intestate estates. That they prepare a bill 
or the equal division of such estates among the children of 



[1790. AND PBOVIDENCB PLANTATIONS. 373 

a person dying intestate, and making' such further alterar 
tions in the mode of descents and distributions of intestate 
estates, as may consist with the principles of equity^ and- the 
constitution' of this state. That the said committee, also 
prepare a bill for preventing the entailment of estates^ in 
future. That they also revise the laws of this state respect- 
ing the settlement and removal of paupers^ and prepare 
such amendments thereto, as shall appear to them to be 
necessary, and that they report on the premises as soon as 
may be. 

An Act calling a Ck>nyention to take into consideratioa the Constitution proposed for 
the United States, passed on the 17th of September, A. D. 1787, by the general 
Convention held at Philadelphia. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the new constitution proposed for the United States, passed on the 17th 
of September, A. D., 1787, by the general conyention held at Philadelphia, be sub- 
mitted to the people of this state, represented in a state convention, for their fhll and 
f^ investigation and decision, agreeably to the resolve of the said convention. That 
it be recommended to the fireemen of the several towns, qualified to vote in the elec- 
tion of deputies to the General Assembly, to convene in their respective towns, in 
legal town meeting, on the second Monday in February next ; and then to choose the 
same number of delegates as they are entitled to elect deputies, to represent them in 
the said convention ; and that the said convention be holden at South Kingstown, on 
the first Monday in March, next. 

And be it fbrther enacted by the authority aforesaid, that the said convention be, and 
hereby is, empowered, and fully authorized, finally to decide on the said constitution, 
as they shall judge to be most conducive to the interests of the people of this state ; 
and that the said convention cause the result of their deliberations and proceedings, 
relative to the aforesaid constitution, to be transmitted to the President of the United 
States of America, as soon alter the rising thereof as may be. 

It is voted and resolved, that His Excellency the Gover- 
nor be, and he is, hereby requested to transmit a copy of this 
act to the President of the said United States immediately. 

Whereas, the operation of the federal government, accord- 
ing to the existing laws of Congress, will prove greatly in- 
jurious to the commercial interests of this state, unless a 
further suspension of the same can be obtained. And 
whereas, this General Assembly, at the present session, have 
passed an act, recommending a state convention, in con- 
formity to the recommendation of the general convention, 



874 RECORDS OF THE STATE OF RHODE ISLAND [JaN., 

• 

held at Philadelphia, and of the Congress of the United 
States ; and there is every reason to hope, that the acces- 
sion of this state to the Federal Union, will, in a short time, 
entitle the citizens thereof to all the benefits of the federal 
government. And whereas, it is necessary that application 
be made, in the mean time, for a suspension of the acts of 
Congress, subjecting the citizens of this state to foreign 
tonnage and foreign duties. 

It is therefore voted and resolved, that His Excellency the 
Governor be, and he is, hereby requested to make applica- 
tion in the name of this state, to the Congress of the 
United States, for reviving the indulgence granted to the 
citizens of this state, by an act of Congress of their last 
session, during the good pleasure of Congress. 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred 
to the next session. That the acts and orders now made 
and passed, be published and transmitted to the several 
towns, in the usual manner; and that this Assembly be 
adjourned until the Tuesday next preceding the first Wed- 
nesday in May next, to meet at Newport, if then called ; 
but if not called before nor at that time, that then this 
Assembly be, and hereby is, dissolved. 

God save the State 1 



1790.] 



AND PROVIDSNCE PLANTATIONS. 



375 



Proceedings of the General Assembb/ of the State of Rhode 
Island and Providence PlantaiionSj ai Newport^ on the first 
Wednesday in May^ 1790. 

The following named officers, declared elected, were duly 
engaged : 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 



ASSISTANTS. 



Thomas G. Hazard, Esq., 
Sylvan us Sayles, Esq., 
James Arnold, Esq., 
Caleb Gardner, Esq., 
John Cooke, Esq., 

Newport. 
George Hazard, Esq., 
Henry Marchant, Esq., 
George Cbamplin, Esq., 
Mr. Peleg Clarke, 
Mr. William Tripp, 
George Sears, Esq. 
Providence. 
Jabez Bowen, Esq., 
Benjamin Bourne, Esq., 
Mr. Amasa Gray, 
Welcome Arnold, Esq. 

Portsmouth. 
Mr. Holder Chace, 
Mr. Thomas Potter, 
Mr. Bobert Lawton, 
Mr. Henry Lawton. 



James Congdon, Esq., 
Thomas Hoxsie, Esq., 
Thomas Holden, Esq., 

• 

Job Watson, Esq., 
John Harris, Esq. 

DEPUTIES. 

Wartvick. 
Mr. Gideon Arnold, 
Mr. Anthony Holden, 
Mr. Jonathan Gorton, 
Mr. Benjamin Arnold. 

Westerfy. 
Mr. Walter White. 
George Stillman, Esq. 

New Shoreham. 
Mr. Edward Hull, 
Mr. John Sasds. 

North JSingstown. 
Sylvester Gardner, Esq., 
Bowen Card, Esq. 

South Eingitcwn. 
Jonathan Hazard, Esq., 
Bowland Brown, Esq. 



376 



RECORDS OF THS STATE OF RHODE ISLAND 



[May, 



East Greenwich. 
Mr. James Sweet, 
Job Comstock, Esq. 
Jamestown. 
Mr. Isaac Howland, 
Mr Edward Carr. 
Smithfield. 
John Sayles, Esq., 
Mr. Job Aldrich. 
Scittiaie. 
James Aldrich, Esq., 
Mr. Nathaniel Medbury. 

Glocester. 
Mr. Seth Hunt, 
Stephen Winsor, Esq. 

Charlestown. 
Joseph Stanton, Jr., Esq., 
Jonathan Macomber, Esq. 

West Greenwich. 
Mr. William Mathewson, 
William Nichols, Esq. 

Coventry. 
Job Greene, Esq., 
Mr. John Clarke. 
Exeter. 
Mr. Job Wilcox, Jr., 
Mr. Abraham Wilcox, Jr. 

Mtddletaum. 
Joshua Barker, Esq., 
Mr. Pardon Brown. 

Bristol. 
WilL'am Bradford, Esq., 
Shearjashub Bourne, Esq. 



Tiverton. 
Benjamin Howland, Esq., 
Mr. Thomas Durfee. 
Little Compton. 
Mr. Philip Taylor, 
John Davis, Esq. 
Warren. 
Mr. Samuel Peirce, 
Nathan Miller, Esq. 
Cumberland. 
John S. Dexter, Esq., 
Levi Ballou, Esq. 
Richmond. 
James Sheldon, Esq., 
Mr. Thomas James. 

Cranston. 
Greorge Waterman, Esq., 
William Potter, Esq. 

Eopkinton. 
George Thurston, Esq. 
Mr. Oliver Davis. 
Johnsion. 
Noah Mathewson, Esq. 
Mr. William Waterman, 

North Providence. 
Mr. Edward Smith. 
Barrvngton. 
Mr. Joshua Bicknall, 
Josiah Humphrey, Jr. Esq. 

Foster. 
Mr. William Howard, 
John Williams, Esq. 



The Hon. Joseph Stanton, Jr., speaker, and Daniel Up- 
dike, Esq., clerk. 



1790.] AND PROVIDENCE PLANTATIONS. '377 

Henry Ward, Esq., secretary. 

Daniel Updike, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

Peleg Arnold, Esq., second assistant, in the room of Sylva- 
nus Sayles, Esq., who declined.. 

JUSTICES OP THE SUPEBIOR COURT. 

Othniel Gorton, Esqi, chief; Daniel Owen, Esq., second ; 
Sylvester Robinson, Esq., tliird j Walter Cooke, Esq., fourth ; 
Ezekiel Gardner, Jr. Esq., fifth. 

JUSTICES OF THE COURT OP COMMON PLEAS, FOR NEWPORT COUNTY. 

Thomas Freebody, Esq., chief; Jonathan Freeborn, Esq. 
second ; Gideon Wanton, Esq., third ; Oliver Durfee, Esq ; 
fourth ; Fobes Little, Jr., Esq., fifth. 

JUSTICES OF THE COURT OP COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Caleb Harris, Esq., chief; Abraham Mathewson, Esq., 
second ; John Burton, Jr., Esq., third ; Stephen Steere, Esq., 
fourth ; Andrew Harris, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Freeman Perry, Esq., chief; Robert Potter, Esq., second; 
Robert Stanton, Esq., third; Benjamin Hoxsie, Jr., Esq., 
fourth ; Ezekiel Gardner, Jr., Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR BRISTOIi COUNTY. 

Samuel Allen, Esq., chief; Elkannah Humphry, Esq., sec- 
ond ; James Miller, Esq., third; Jacob Saunders, Esq., foprth; 
Joseph Read, Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Stephen Arnold, Esq., chief; Anthony Low, Esq., second; 
Isaac Johnson, Esq., third ; Joseph Fry, Gsq,^ fourth ; Ben< 
jamin Johnson, Esq., fifth, 

VOL. X. 48 



378 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

JUDGE OF THE COURT OF ADMIRALTY. 

Ambrose Page, Esq., judge of the court of admiralty, 
within and for the state. 



SHERIFFS OF THE SEVERAL COUNTIES. 

Newport County — William Davis, Esq. 
Providence County — Nehemiah Knight, Esq. 
Washington County — Beriah Brown, Esq. 
Bristol County — Shubael Kinnicut, Esq. 
Kent County — Jonathan Niles, Esq. 

COLLECTORS OF IMPOST. 

Mr. John Wanton, collector of impost for the district 
of Newport. 

Ebenezer Thompson, Esq., collector of impost for the 
district of Providence. 

MILITARY OFFICERS. 

Joseph Stanton, Jr., Esq., major general of the militia in 
and throughout the state. 

John Malbone, Esq., brigadier general of the militia in 
the county of Newport. 

Thomas Holden, Esq., brigadier general of the ' militia in 
the county of Kent. 

George Waterman, Esq., adjutant general of the militia 
of the state. 

John Mathewson, Esq., quartermaster general of the 
militia of the state. 

Charles Holden, Esq., commissary general of the militia 
of the state. 

John Gould, Jr. Esq., physician and purveyor general of 
the militia of the state. 

Whei'eas, the officers and soldiers of the late state regi- 
TQepts, commanded by the Colonels Elliott, Crary and 



1790.] AND PROVIDENCE PLANTATIONS. 379 

Topham, have represented to this Assemby, that they are 
about to make an application to the Congress of the United 
States of America for the payment of their depreciation 
accounts, and have requested that the books containing 
those accounts, as adjusted by a committee appointed by 
this General Assembly, may be delivered to Col. Archibald 
Crary, in order to make the said application. 

It is therefore voted and resolved, that Mr. George Olney, 
the Commissioner for receiving claims against the said 
United States, in whose keeping the said books now are, be, 
and he is, hereby directed to deliver them to the said Archi- 
bald Crary. 

It is voted and resolved, that the report of the committee 
appointed to adjust the accounts of the invalids, be accepted. 
That the statement of the said accounts, together with the 
duplicates of the returns, transmitted to the secretary at 
war of the United States of America, be deposited with the 
secretary of this state. 

It is further voted and resolved, that Col. Jeremiah Olney, 
be, and he is, hereby requested to take of the invalids, at 
the next payment he may make them, receipts for the 
whole amount of the mouey which hath been paid to them 
respectively by this state, before the fourth day of March^ 
A. D. 1789. 

It is voted and resolved, that all business pending before 
this Assembly unfinished, be, and the same is, hereby referred 
to the next session ; and that this Assembly be, and hereby 
is, adjourned unto the second Monday in June next, then to 
convene at the State House in Newport. 

God save the State ! 



380 RECORDS OF THE STATE OF RHODE ISLAND [JUNE^ 



Proceedings of the General Assembly of the Stale of Rhode 
Island and Providence PlaniatumSy at Newport^ on Monday^ 
the seventh day of June^ 1790. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 

His Excellency the Governor, His Honor the Deputy Gov- 
ernor, all the assistants, all the members of the lower house 
of Assembly, the deputy secretary, the attorney general/ 
and the clerk of the lower house, took the oath or affirma- 
tion to support the Constitution of the United States of 
America, agreeably to the said Constitution, and the act of 
Congress passed in conformity thereto ; excepting Messrs 
Edward Hull, John Sands, and Edward Carr, who did not 
attend at this session, and Mr. Isaac Howland, who attended 
at the beginning of this session, but was not then nor after- 
wards present 

Whereas, the following report was made to this Assembly, 
to wit :— 

Report of the ComndUee appointed hy the General Assembly 
to settle a claim upon the confiscated estate of Joseph and 
WHUam Wanton. 

We, the Babecriben, being appointed a committee to settle the claim of the represen- 
tatiTe of Mr. Nathan Dagget, deceased, upon the estate of Joseph and Witliam Wan- 
ton, which hath been confiscated, do report, that th^ appears to be due from the said 
estate, to the estate of the said Nathan Dagget, the sam of twentjr-two pounds nine- 
teen shillings and eight pence, lawful money, in specie ; being the amount of two 
orders drawn by Mr. NichoUs Goddard, in favor of the said Nathan Dagget, on the 
said Joseph and William Wanton, and accepted by them. 

JOB C0M8T0CK, 
GEORGE SEARS, 

Committee. 

In consideration whereof, — 

It is voted and resolved, that the said report be, and the 
same is, hereby accepted. 



1790.] 



AND PBOVIDBNCE PLANTATIONS. 381 



An Act for ratifying certain articles as amendment^ to the Constitution of the United 
States of America, and which were proposed by the Congress of the said United 
States, at their session in March, A. D. 1789, to the Legislatures of the several States, 
pursuant to the fifth article of the aforesaid Constitution. 

Be it enacted by this General Assembly, and by the authority thereof it is hereby 
enacted, that the following articles proposed by the Congress of the United States of 
America, at their session in March, A. D. 1789, to the Legislatures of the several 
states, for ratification, as amendments to the Constitution of the said United States, 
pursuant to the fifth article of the said Constitution, be, and the same are, hereby fully 
assented to and ratified on the part of this state, to wit : 

After the first enumeration, required by the first article of the Constitution, there 
shall be one representative for every thirty thousand, until the number shall amount 
to one hundred ; after which the proportion shall be so regulated by Congress, that 
there shall not be less than one hundred representatives, nor less than one represen- 
tative for every forty thousand persons, until the number of representatives shall 
amount to two hundred ; after which the proportion shall be so regulated by Congress, 
that there shall not be less than two hundred representatives, nor more than one rep- 
resentative for every fifty thousand persons. 

Congress shall make no law respecting the establishment of religion, or prohibiting 
*the free exercise thereof; or abridging the freedom of speech, or of the press, or to the 
right of the people peaceably to assemble, and to petition the government for a 
redress of grievances. 

A well regulated militia being necessary to the security of a free state, the right of 
the people to keep and bear arms shall not be infiringed. 

No soldier shall, in time of peace, be quartered in any house without the consent of 
the owner, nor in time of war, but in a manner to be prescribed by law. 

The right of the people to be secure In their persons, houses, papers and effects, 
against unreasonable searches and seizures, shall not be violated, and no warrants shall 
issue but upon probable cause, supported by oath or afiirmation, and particularly 
describing the place to be searched, and the persons or things to be seized. 

No person shall be held to answer for a capital, or otherwise infamous crime, unless 
on a presentment of indictment of a grand jury ; except in cases arising in the land or 
naval forces ; or in the militia, when in actual service, in time of war or public danger. 
Nor shall any person be subject for the same offence to be twice put in jeopardy of life 
or limb; nor shall be compelled, in any criminal case, to be a witness against himself; 
nor be deprived of life, liberty or property, without due process of law. Nor shall 
private property be taken for public use, without just compensation. 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and pub- 
lic trial, by an impartial jury of the state and district whereiti the crime shall have 
been committed, which district shall have be^n previously ascertained by law ; and to 
be informed of the nature and cause of the accusation ; to be confronted with the 
witnesses against him ; to have compulsory process for obtaining witnesses in his 
favor ; and to have the assistance of counsel for his defence. 

In suits at common law, where the value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be 
otherwise re-examined in any court of the United States, than according to the rules 
of the common law. 

Excessive bail shall not be required ; nor excessive fines imposed ; nor cruel and 
unusual punishments inflicted. 



382 RECORDS OP THE STATE OF RHODE ISLAND [JuNE, 

The enumeration in the Constitution of certain rights shall not be construed to deny 
or disparage others retained hy the people. 

The powers not delegated to the United States by the Constitution, nor prohibited 
by it to the states, are reserved to the states respectively, or to the people. 

It is ordered, that His Excellency the Governor, be, and he is, hereby requested to 
transmit to the President of the said United States, under the seal of tliis state, a 
copy of this act, to be communicated to the Senate and House of Representatives of 
the Congress of the said United States. 



An Act to incorporate certain persons by the name of The Providence Society for 
promoting the abolition of Slavery, for the relief of persons unlawfully held in 
bondage, and for improving the condition of the African race. 

Whereas, a voluntary socie^ have subsisted for some time past, called the Provi- 
dence Society for abolishing the Slave Trade. And whereas, the persons hereinafter 
named, being members thereof, have petitioned this General Assembly for a charter 
of incorporation for the said society, to enable them more effectually to carry into 
execution the purposes of their humane institution, in promoting the abolition of the 
slave trade, and of slavery, protecting the rights of persons unlawfully h^ld in bond- 
age, and for improving the condition of such blacks, as are, or may be emancipated, 
and of their posterity. 

Section 1. Be it therefore enacted by this General Assembly, and by the authority 
thereof it is hereby enacted, that the present members of the said society, to wit : 

David Howell, John Dorrance, Moses Brown, Thomas Arnold, Daniel Lyman, Bar- 
zillai Richmond, Arthur Fenner, John P. Jones, Edward Thurber, Joseph Fuller, 
Ozicl Wilkinson, Elisha Olney, Samuel Hopkins, Thomas Robinson, William Langley, 
John Holmes, Samuel Vinson, Caleb Aldrich, Daniel Anthony, Nathan Arnold, Rich- 
ard Anthony, Jonathan Arnold, David Anthony, Asa xVmold, Paul Allen, Bef^amin 
Arnold, William Almy, William Barker, William BufiUm, George Benson, Smith 
Brown, Oliver Bowen, Obadiah Brown, Elisha Bairtlet, George R. Burrill, Greene 
Burroughs, Thomas Tillinghast, Beigamin Mott, Andrew Nichols, Obadiah Olney, 
Daniel Owen, Arnold Paine, William Peckham, Beqjamin Pabodie, Henry BIim, 
David Buffum, George Comstock, Joseph Congdon, John Casey, Joseph Cundall, 
James Chace, Stephen Dexter, Andrew Dexter, Olney Fuller, Caleb Fisk, James 
Sheldon, Joseph Stanton, Jr., Thomas Holden, Theodore Foster, John Sayles, Levi 
Ballon, James Congdon of North Kingstown, Job Comstock, John S. Dexter, John 
Williams, Edward Fenner, Beigamin Freeborn, Timothy Greene, Nathan Greene, 
Paul Greene, Thomas Greene, Rowland Hazard, Thomas Hazard, Levi Hunt, Robert 
Hazard, Bepjamin Hadwen, Benjamin Hix, Jr., John Hadwen, Thomas Howland, 
Richard Jackson, Jr., Nehemiali Knight, John Lawton, Bei^jamin Linsey, Richard 
Maihewson, John Mawney, James Mitchell, Gould Marsh, Joshua Rathbun, John 
Reynolds, James Robinson, Henry Russell, Philip Robinson, Abraham Smith, James 
Sheldon of North Providence, David Steere, Stephen Sheldon, John F. Sheldon, Ru- 
fns Smith, Samuel Sampson, George Spencer, Edward Sisson, John Slocum, Sampson 
Shearman, Benjamin Taber, William Tilley, Samuel Thurston, Bennett Wheeler, 
Benjamin West, John Ward, George Waterman, John Williams, Olney Winsor, Rich- 
ard Mitchell, Noah Mathewson, Thomas G. Hazard, Peleg Arnold, and Constant 
Southworth, all of this state ; Joseph Austin, Jeremiah Austin, Peleg Burroughs, 



1790.] 



AND PROVIDENCE PLANTATIONS, 383 



John Brown, William Ballock, Bei^jftmin Barney, Isaac Burr, Samuel Bullock, Cal- 
Tin Bullock, Phanuel Bishop, Stephen Bullock, Abdiel Bliss, Jeremiah Belknap, James 
Bliss, John Bliss, George Claghorne, William Claghome, Paul Cooke, Thomas Cai^ 
penter, James Davis, Frederick Drowne, John Ellis, Samuel Elliott, John Elliott, 
Isaac Fowler, Caleb Greene, Enoch Goffe, Joseph Goffe, Asa Goffe, Isaac Howland, 
John Howland, James Howland, Humphry Howland, Peleg Howland, Isaac Howland, 
Jr., Thomas Mott, Philip Miller, Christopher Mason, Valentine Martin, William 
Moore, John 1)iason, John Proud, Stephen Peckham, Ebenezer Perry, Ebenezer Peck, 
Shubael Peck, Pearoe Pearce, Nathan Pearce, Jesse Perrin, David Perry, Jr., Caleb 
Russell, Seth Russell, Daniel Ricketson, Abraham Russell, W^liam Rotch, Jr., Bar- 
nabas Russell, Robert Rogerson, Samuel Stillman, Oliver Spencer, Joseph Stead, 
Thomas Smith, Jr., Charles Thompson, John Taylor, John Wheeler, Philip Walker, 
Joseph Wheaton, Jeremiah Wheeler, and Benjamin Waterhouse, all of the Common- 
wealth of Massachusetts ; Levi Hart, Jonathan Edwards, and Elisba Hyde; all of the 
state of Connecticut; and such other person and persons as shall be hereafter elected, 
and chosen in the manner hereinafter mentioned, and their successors be, and they are, 
hereby created and declared to be one body politic and corporate, in deed and in law, 
by the name, style and title of The Providence Society for promoting the abolition 
of slavery, for the relief of persons unlawfully held in bondage, and for improving 
the condition of the African race. And by the same name shall have perpetual suc- 
cession, and shall be able to sue and be sued, implead and be answered unto, in all 
courts of law and equity ; and to make, have and use, one common seal, to give 
authenticity to their acts, deeds, records and proceedings, and the same at their pleas- 
ure to break, alter, change and make anew. And to purchase, take and hold, by gift, 
grant, demise, bargain and sale, wills and devise, bequest, testament, legacy, or by any 
other mode of conveyance, any lands, tenements, goods, chattels or estates, real, per- 
sonal or mixed, or chooses in action, not exceeding at any one time the yearly value 
of one thousand pounds, lawful silver money, at the rate of six shillings and eight- 
pence the ounce ; and the same to give, grant, bargain, sell, demise, convey and assure 
to others, for the whole or any lesser estate than they have in the same, in such man- 
ner as the said society, at their future meetings hereinafter described, shall order and 
direct ; and to apply the rents, issues and profits, income and interest, of such estate, 
and the moneys arising from the sale of any part thereof, to the ends, intents and 
purposes, of their institution, according to the rules, orders, regulations and constitu- 
tions, of the said society now in force, or which according to the provisions herein- 
after made, shall from time to time be decUred and ordained touching and concerning 
the same, as fully and effectually as any natural person or body politic and corporate 
within this state, by the constitution and laws of this state, can do and perform the 
like things. 

Skc. 2. And be it further enacted by the authority aforesaid, that the officers of 
the said society, shall consist of a president, a vice-president, a secretary, and a treas- 
urer, who shall also be the keeper of the common seal, and so many counsellors as the 
society shall from time to time think proper to appoint and elect ; all of whom shall be 
chosen annually by ballot of a migority of votes of the whole number of members 
who shall be present at the quarterly meeting hereinafter mentioned, which shall be 
held on the third sixth day in the second month, otherwise called the third Friday in 
February, in every year after the passing of this act, or at such other time and at such 
place as the said society shall by their rules and orders direct and appoint, and of such 
committees for carrying into execution, the designs of said institution, as the said 
socie^ have heretofore appointed, or hereafter at any of their quarterley or special 
meetings shaU agree to and appoint, in the manner and form to be hereafter agreed on. 

Sso. 8. And be it further enacted by the authority aforesaid, that the said Society 



384 RECORDS OP THE STATE OP RHODE ISLAND [JUNE, 

shall and may hold four quarterly meetings in every year, at such place and hour in 
the day as they shall agree unto, on every the third sixth day of the week, called 
Friday, in every second, fifth, eighth and eleventh months, called February, May, 
August and November, in every year hereafter, and may adjourn the said quarterly 
meetings from time to time ; and shall and may hold such other 'special meetings as 
the society by their rules and orders shall direct and appoint; and shall and may hold 
such other meetings as the president of the said society shall think necessary to call, 
or the vice-president of the 8t)ciety at tlie request of any six members thereof shall 
call ; of which special meetings notice shall be given in the newspapers printed in the 
town of Providence, at least two days before the time of meeting ; nt any of wliich 
quarterly or special meetings or af^'ournments thereof, it shall and may be lawftil fdt 
the said society, or so many of them as shall meet, by a minority of voices, to agree 
to, ordain and establish such by-laws, rules, orders and regulations, as they shall judge 
necessary for the well ordering and governing the said society, and for the well man- 
aging the affiiirs thereof; and to appoint such and so many committees, consisting of 
such number of their members as they shall think necessary, to superintend the dif- 
ferent departments of duties already undertaken by the society heretofore subsisting, 
or hereafter to be undertaken by the society hereby established, and to receive the re- 
ports of such committees, and to take such order thereon as to them sliall seem proper; 
and to fix and ascertain the terms and conditions upon which new members shall be 
admitted into the said society, and upon which former meqabers may be removed, and 
to define and ascertain the duties of the several officers and committees of the said 
society, and to enforce the same by such reasonable fines and forfeitures to be imposed 
on delinquents as they shall think proper ^ and for want of compliance in the payment 
thereof, and obedience in any of the members, committees or officers of the said socie- 
ty, to remove and displace them, and others to appoint ; and generally to agree to, 
ordain and establish, all such by-laws, rules, orders and regulations, for the well-gov* 
eming the said society, fbr perpetuating a succession of its officers, and performing 
the duties they have undertaken or shall undertake, or the said society at any of their 
said quarterly or special meetings or adjournments thereof shall, by a migority of 
voices, determine to be right and proper. Provided always, nevertheless, that no real 
or personal estate above the value of sixty dollars shall be disposed of, or the right 
and estate of the society therein shall be lessened, or altered for the less ; nor any by- 
law, rule, order or regulation, of Uie said society enacted, repealed or altered ; nor any 
sum of money appropriated to any new use, not before agreed upon by any of the 
said meetings or committees to be ap]M>inted, unless the president or the vice-president 
and at least tweuty members, shall be present at such meeting, and a majority of those 
present shall agree to the same. And provided also, that all and every the by-laws, 
rules, orders and regulations, already enacted and made, or hereafter to be enacted and 
made by the said society, be not contradictory to the constitution or laws of tliis state. 

Sec. 4. And be it i\irther enacted by the authority aforesaid, that the constitution 
of the aforesaid Providence society for abolishing the slave trade, adopted at Provi- 
dence on the third sixth day of the week called Friday, of the second month called 
February, in the year 1789, and all lules, orders, regulations and proceedings, made 
' and held by the said society, in pursuance thereof, be, and they are, hereby declared to 
be in full force, and binding upon the said society by this act created and incorporated, 
until the same shall be repealed, altered or annulled, at a quarterly or special meeting 
or adjournment thereof, to be holden in pursuance of this act, as fiilly and effectually 
as if the bune were to be originally adopted by the said society, hereby created and 
incorporated, at one of their meetings. 

Sbc. 6. And be it further enacted by the authority aforesaid, that until the next 
election, which shall be held by the said society, in pursuance of this act, the said 



1790.] 



AND PROVIDENCE PLANTATIONS. 385 



Dayid Howell shall be the president thereof, the said Joha Dorrance shall be the rice 
president thereof, the said Thomas Arnold shall be the secretary thereof, the said 
Moses Brown shall be the treasurer thereof, and the said David Howell, Thomas 
Arnold, and Daniel Lyman, shall be the counsellors thereof. And all and every the 
committee and committees heretofore appointed by the said Providence Society for 
abolishing the slave trade, shall be, and continue to be the officers and committees of 
the Society, hereby created and incorporated, and shall report to and account with the 
same, in the name manner as they would have done to the former Society, in case 
this act had not passed. 

Sbc 6. And be it further enacted by the authority aforesaid, that this act shall in 
all things be construed in the most favorable and liberal manner to and for the said 
Society, in order to effectuate the privileges hereby to them granted; and that no 
misnomer of the said corporation, in any dec d, will, testament, gift, grant, demise, or 
otiier instrument of contract or conveyance, shall vitiate or defeat the same, if the 
said corporation shall be sufficiently described to ascertain the intent of the party or 
parties, to give, devise,, bequeath, convey or assure to, or contract witli the said corpo- 
ration, hereby created by the name aforesaid. Nor shall any non-user of the said 
privileges hereby granted, create any forfeiture of the same; but the same may be 
exercised by the said corporation, and, notwithstanding their failure to meet at any of 
the times herein specified to hold their annual elections, shall continue to hold and 
exercise their offices until others shall be duly elected to succeed them, at some future 
meeting of the said corporation. 

And it is further enacted by the authority aforesaid, that if the said Society, or 
any officer or member thereof, shall be prosecuted for any thing done by virtue of this 
act, the said Society, or such officer or member may plead the general issue, and give 
this act and the special matters in evidence. And that, upon application therefore, an 
exemplification of this act, under the seal of the state, shall be made and given to the 
said Society. 



An Act prescribing the mode of electing senators, and a representative, to represent 
this state in the Congress of the United States of America, and the times and places 
of holding the elections. 

Whereas, by the Constitution of the United States of America, two senators are to 
be chosen by the General Assembly, to represent this state in the Congress of the said 
United States. And whereas it is provided in the said Constitution, that no person 
shall be a senator who shall not have attained to the age of thirty years, and been 
nine years a citizen of the United States, and who shall not, when elected, be an 
inhabitant of that state for which he shall be chosen ; and also, that the times, places, 
and manner, of holding elections for senators and representatives shall be prescribed 
in each state by the Legistature thereof. 

Be it therefore enacted by this General Assembly, and by the authority thereof it is 
hereby enacted, that the senators, qualified as aforesaid to be elected by the legislatore 
of this state, shall be elected agreeably to the usage in the choloe of state officers by 
this General Assembly, joined in a grand committee, and not in separate houses, and 
by ballot, and not otherwise. 

And whereas, by the said Constitution this state is also at present entitled to send 
one representative to sit in the Congress of the said United States. And whereas, it 
is provided in the said Constitution, that no person shall be a representatire who shall 
not have attained to the age of twenty-five years, and been seven years a citizen of 
the said United States, and who shall not, when elected, be an inhabitant of thait state, 

VOL. X. 49 



/ 



386 RECOEDS OP THE STATE OP RHODE ISLAND [JUNE, 

for which he shall he chosen ; and that the electors of such representative shall hare 
the qualifications requisite for electors of the most numerous branch of the state 
Legislature. 

It is therefore ftirther enacted by the authority aforesaid, that a representatire, 
qualified as aforesaid to represent this state in the Conirress of the said United States, 
be elected by the freemen of this state, in town meetings leg^ly assembled, on the 
last Tuesday in August next. 

And be it further enacted by the authority aforesaid, that the election of the said 
representative shall be made and conducted in all respects in conformity to the pro- 
ceedings in the election of general officers for this state, and under the penalties 
pointed out and established by an act heretofore passed, entitled, " An Act regulating 
the manner of admitting Areemen, and directing the method of electing officers in this 
colony." That the returns of the votes of the flreemen for such representative be 
made to this General Assembly, at the next session, to be bolden after the said last 
Tuesday in August. That in case any one candidate shall have a majority of all the 
votes put in by the freemen, he shall be declared duly elected. That in case one 
candidate shall have such minority, a second election shall be held on the tenth day 
after the rising of the General AsseraCly, to which such returns shall have been made, 
in the same manner and form, in all respects, as is herein before prescribed. That in 
such second election, the votes of the freemen shall be given only for such of the per- 
sons voted for at the first election as had the greatest number of votes, and the whole 
number of which votes make a minority of all the votes given in by the fVeemen at 
the first election. That return of the votes given in at such second election, shall be 
made to the General Assembly, at the next session after such election. That in case 
at such second election no candidate shall have a majority of all the votes given in by 
the freemen, a third election shall be held on the tenth day after the rising of the Gen- 
eral Assembly to which the returns of the second election shall have been made, in 
the same manner and form, in all respects, as the first election is herein prescribed to 
be holden. . That at such {third election the votes of the fireemen shall be confined to 
>the two candidates who had the greatest number of votes at the second election. 
That the returns of the votes of the freemen at such third election shall be made to 
the upper house of Assembly, to be convened by an act of the General Assembly 
which shall have received the returns of the second election, at such time and place as 
in such act shall be directed. That they be, and hereby are, authorized to count and 
scrutinize the votes, in the same manner as is directed to be done in the election of 
general officers ; and that the person having the greatest number of votes shall be de- 
clared duly elected. 

And it is further enacted by the authority aforesaid, that in case of the necessity of 
a second or third election, the General Assembly shall previously declare the names of 
$be oandidat^ to be voted for. 

And it is further enacted by the authority aforesaid, that the senators and represen- 
lative elected in pursuance of this act, shall be commissionated by His Excellency the 
Governor, uiider the seal of the state. 

It is ordered, that the secretary transmit copies of this act to the several town clerks 
in the state, immediately after the rising of this Assembly ; and cause the same to be 
published in all the newspapers in the state. 

It is voted and resolved, that one hundred and fifty sUver 
dollars in specie, be loaned to Joseph Stanton, Jr. Esq. ; and 
the same sum to Theodore Foster, Esq., the senators elected 



1790.] AND PBOVIDBNCB PLANTATIONS. 387 

to represent this state in the Congress of the United States 
of America, to enable them to take their seats in Congress. 
That each of them be, and hereby is, empowered to draw 
that sum out of the general treasury. That if there be 
not money in the general treasury sufficient for that pur- 
pose, they receive it from either of the collectors of impost 
in the state, who are hereby directed to pay the same ; and 
that on their return they repay it into the general treasury 
with interest. 

Both houses being joined in a grand committee, elected 
Joseph Stanton, Jr., Esq., first senator, and Theodore Fos- 
ter, Esq., second senator, to represent this state in the 
Congress of the United States of America. 

Whereas, the Constitution of the United States hath been 
adopted by this state, and the members of this General 
Assembly have qualified themselves agreeably to the said 
Constitution and the laws of Congress, by taking the oath 
or affirmation to support the said Constitution thereby pre- 
scribed ; and the like duty is incumbent upon all executive 
and judicial officers of this state. 

It is therefore voted and resolved, that His Excellency the 
Governor be, and he is, hereby requested to issue his pro- 
clamation, notifying all executive and judicial officers of 
this state of the same ; and that they are to qualify them- 
selves in like manner within one month after the rising of 
this Assembly. 

It is voted and resolved, that all business pending before 
this Assembly unfinished, be, and the same is, hereby referred 
to the next session ; and that this Assembly be, and hereby 
is, adjourned unto the first Monday in September next, then 
to convene at the Court House in Bristol. 

God save the United States of America ! 



388 REGOBDS OF THE STATE OF RHODE ISLAND [SePT., 



Proceedings of the General Assembb/ of the State of Rhode 
" Island and Providence Phntaiions^ at Bristoly on the first 
Monday^ in September^ 1790. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 

Both houses being joined in a grand committee, appointed 
a committee of ten members, with the secretary and clerk 
of the lower house, to assort and count the proxes put in 
for a representative of this state in Congress, who reported 
that Benjamin Bourn, Esq., was elected, by a majority of all 
the votes, the representative for this state, in the Congress 
of the United States of America, until the fourth day of 
March next 

Whereas, Mr. George Olney presented unto this Assembly 
the following report, to wit : 

Report of the Commissioner appointed by the General Assembly 
for receiving equitable claimSy etc.^ against the United States. 

The subscriber having been continued by the Honorable the Legislature, at May 
■essioBi commissioner for receiving equitable claims, etc., against the United States, 
begs leave to report, that the following accounts have been received since his last 
report, and entered with those heretofore exhibited in this state's ledger, which, with 
the original statement of the whole, and the vouchers, are lodged in the secretary's 
office, to wit.* Which amount in specie tQ two thousand six hundred and forty-five 
pounds two shillings and twopence. Which is respectftilly submitted by 

GEORGE OLNEY. 

And the said report being duly considered, — 
It is voted and resolved, that the same be, and hereby is, 
accepted. 



*Here wm iii8«rt«d a partloalar aooouDfc of elaimi, of the Mume kind with those exhibited Ml three 
former eeeiloiie. 



1790.] 



AND PBOVIDENCE PLANTATIONS. 389 



An Act to permit the persons to whom the state hath loaned the paper money emitted 
bj this state, in parsuance of an act made and passed at the session held in May, A. 
D., 1786, to pay off and discharge the bonds and mortgages given therefor, within 
the time limited by said act. 

Whereas, it will be for the interest and tend to promote the tranquility of the state, 
that the redemption of the lands so mortgaged, should be completed at an earlier 
period than is prescribed by the said act, if agreeable to the mortgagers, and may tend 
to giTc a circulation to the paper money so emitted, by Toluntary consent, agreeably 
to the rate of one silver dollar for fifteen dollars in the said paper money, as it was 
established by an act, passed ai the session held in October, A. D. 1789, commonly 
called the substitute act. 

Be it therefore enacted by this General Assembly, and by the authority thereof it 
is hereby enacted, that the said mortgagers shall and may be permitted to pay off the 
whole or so much of the moneys loaned to them, in pursuance of the aforesaid act 
passed in May, A. D., 1786, and for which bonds and mortgages were given by them 
to this state, as shall be convenient for them to pay, and as soon and at such times, 
within the period prescribed in such bonds and mortgages, as they shall see cause. 
Provided, that no one payment be for a less sum than the amount of one of the bonds 
given as a collateral security. That such payments shall l)e made to the keeper of the 
grand committee's ofllce, who is hereby empowered and directed, upon the payment 
of any part, and until the whole be paid, to endorse the same upon the respective 
mortgages^ and that upon the payment of the whole, and the mortgagers producing 
to him the interest bonds discharged agreeably to this act, the keeper of the said 
grand committee's office shall deliver up the mortgage deeds so paid, with a certificate 
thereon that he hath received the full amount of the sum secured by the condition 
thereof, agreeably to an act of the General Assembly, made and passed at the session 
held in September, A. D. 1790, and shall deliver up the bonds given for the principal 
to the mortgagers ; which certificate being duly entered in the margin of the record 
of the mortgage deed, shall operate as a complete discharge thereof; any act to the 
contrary notwithstanding. 

And it is further enacted by the authority aforesaid, that the said mortgagers shall 
be allowed to pay into the general treasurer's office, the amount of the interest upon 
the interest bonds by them given, for securing the interest of the said principal, secured 
by said mortgages, up to the time they shall pay and discharge the bonds for the prin- 
cipal respectively, as soon as they shall see fit, within the time pres'cribed by the con- 
ditions of the same bonds ; any law of this state to the contrary notwithstanding. 
That upon such payment the general treasurer shall give up said bonds, and shall 
reserve the money so received thereon separately and by itself, for the further order 
of the General Assembly ; and that the keeper of the said grand committee's office 
shall report, at every session of the General Assembly in May and October, and 
oftener if required, the state of his office. 

It is ordered, that the secretary publish this act in all the newspapers in this state. 

Whereas, by an act of the Congress of the United States, 
at the session begun and held on the fourth day of March, 
A. D. 1789, it was resolved, " That it be recommended to 
the legislatives of the several states, to pass laws, making 
it expressly the duty of the keepers of their jails, to receive 
and safe keep therein all prisoners committed under the 



390 RECORDS OF THE STATE OF RHODE ISLAND [SeFT., 

authority of the United States, until they shall be discharged 
by due course of the laws thereof, under the like penalties 
as in case of prisoners committed under the authority of 
such states respectively. The United States to pay for the 
use and keeping of such jails, at the rate of fifty cents per 
month for each prisoner, that shall under their authority be 
committed thereto, during the time such prisoner shall 
therein be committed, and also to support such of said pris- 
oners as shall be committed for oflTences." Whereupon, this 
Assembly, in full confidence that Congress will make pro- 
vision for the support of poor prisoners committed for debt, 
as otherwise humanity will call upon the inhabitants of the 
county towns to supply their necessities, which will prove 
unreasonably expensive and burthensome, — 

Do enact, and by the authority thereof it is hereby 
enacted, that the keepers of the respective jails in the coun- 
ties of Newport, Providence, Washington, Bristol and Kent, 
be, and they are, hereby ordered and directed, and it shall 
be expressly their duty, to receive and safe keep therein 
all prisoners committed or that shall be committed under 
the authority of the United States, until they shall be dis- 
charged by due course of the laws thereof, under the like 
penalties as in case of prisoners committed under the 
authority of this state, and upon the terms in the said 
resolve of Congress expressed. 

Upon the petition of a number of persons, in the county 
of Washington, praying permission to open a new inlet from 
the sea into Point Judith pond, — 

It is voted and resolved, that the said petition be referred 
to the next session ; and that an advertisement be inserted 
in one of the Newport newspapers, at the expense of the 
petitioners, notifying all persons interested in the event 
thereof to appear then, if they shall think fit, to support or 
oppose the same. 



1790.] AND PROVroENCE PLANTATIONS. 391 

Whereas, the provision made by Congress, for defraying 
the expense of light houses within the United States, is ex- 
tended to this state, — 

It is therefore voted and resolved, that the act of this 
state, made and passed in the year 1786, entitled " An Act 
for regulating the light houses," etc., and all other acts 
relating to the same, be, and they are, hereby repealed. 

It is voted and resolved, that the late collectors of impost 
in this state, be, and they are, hereby authorized and em- 
powered to receive, in payment and discharge of the money 
due in their offices respectively for duties, either specie, or 
bills of credit emitted by this state, reckoning fifteen dol- 
lars in bills of credit to be equal to one dollar due for the 
said duties, or in other articles, agreeably to the act passed 
at October session, A. D. 1789, substituting real and per- 
sonal estate in lieu of money for the payment of debts. 
And that the said collectors cause all the money due in their 
said offices to be collected as soon as may be ; first adjust- 
ing the accounts with the importers, with respect to such 
deductions as may be claimed for debentures or drawbacks, 
agreeably to the act for the collection of said duties. 

And it is further voted and resolved, that the collection of 
such bonds as have been given in their respective offices 
for merchandise imported, subsequent to the adoption by 
this state of the Constitution of the United States, be sus- 
pended until the further orders of this Assembly. 

An Act for allowing a specific performance of contracts, 

after judgment rendered, in suits at law. 
[For the above act at length, see the printed schedule.] 

It is voted and resolved, that a representative, qualified 
agreeably to the Constitution of the United States, to repre- 
sent this state in the Congress of the United States, for two 
years next following the third day of March next, be elected 



392 RECORDS OF TH£ STATE OF RHODE ISLAND [SePT., 

by the freemen of this state, in town meetings legally assem- 
bled, on the third Monday in October next. That the elec- 
tion be conducted upon the same principles, and in the 
same manner, as contained in the act passed at the session 
in June last, prescribing the mode of choosing senators and 
a representative for this state in Congress. That the sev- 
eral town clerks transmit the pro;xies, and make return of 
the number of votes for each candidate, to the General 
Assembly, to be holden on the last Monday in the same 
month ; and that in case no candidate shall have a majority 
of all the votes in the first or second instance, the same 
measures be pursued in the election as in the aforesaid act 
passed in June last are directed. 

ft 

An Act to prevent excessive riding, within eighty rods of 

the state house in South Kingstown. 

An Act regulating the inspection of beef, pork, pickled fish 
and tobacco, and for other purposes therein mentioned. 

[For the above acts at length, see printed schedule.] 

It is voted and resolved, that the session of the General 
Assembly, which of course is to be holden on the last 
Wednesday in October next, be held on the last Monday 
thereof, in the state house in Providence ; any law or usage 
to the contrary notwithstanding. 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred to 
the next session ; and that this Assembly be, and is, hereby 
adjourned unto the Saturday next preceding the last Mon- 
day in October next, if then called ; but if not called before 
nor at that time, that then this Assembly be, and the 
sa]ne is, hereby dissolved. 

God save the United States of America ! 



1790.] AND PROVIDENCE PLANTATIONS. 393 

Ldter from the Secretary of War to His ExceUency Governor 

Fenner of Rhode Island. 

War Department, ^ ? 
September 15th, 1790. ) 
Sir : — The Congress of the United States have directed the register of the treasury 
to issne certificates to the military invalids, and to the widows and orphans of snch 
officers, non-commissioned officers and privates, who were killed or died while in the 
aervice of the United States, and who are entitled to pensions by the Acts of Con- 
gress for the arrears of their pensions due prior to the fourth day of March, 1789. It 
has therefore become necessary to ascertain with precision the sum due to each indi- 
Tidual of the above description. 

As several of the states may have paid apart, or the whole of the said arrears since 
the return received at this office ; I have the honor respectfully to request that you 
would be pfeased to cause me to be informed, whether any such payment of arrears 
has been made by the state of Rhode Island, since the 8th of April, 1790, the date 
of the list transmitted to this office by your direction. 

If any partial payments have been made by the state of Khode Island, I take the 
liberty to request the information whether any arrears prior to the said 4th of March, 
1789 remain due, and if so, the amount to each individual. 

If no payments have been made since the date of the said list, the arrearages may 
be made out at this office, presuming on the accuracy of the list received. 

I have the honor to be. 

Your Exellency's most obedient humble servant, 

(signed) H. KNOX, 

Secretary of War. 
To His Excellency the Governor of Rhode Island. 



Proceedings of the General Assembly of the State of Rhode 
Island and Providence Plantations^ at Providence^ on the last 
Monday in October j 1790. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 

Whereas, this General Assembly, at the session held at 
Providence, on the last Wednesday in October, in the year 
of our Lord one thousand seven hundred and seventy-two, 
passed an act, incorporating the minister, church-wardens, 
vestry and pongregation, of King's Church, in Providence, 

VOL. X. 50 



391 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

into a body politic, and granting them a charter, to have 
been signed by the late Honorable Joseph W anton, Esq., 
* then Governor under the public seal. And whereas, the 
said Joseph Wanton hath since deceased, without having 
signed the said charter, and some doubt hath arisen whe- 
ther the same is not thereby vacated. And whereas, the 
said minister, church-wardens, vestry and congregation, have 
continued to act, and have made divers rules, orders and 
regulations, under the authority thereof. Therefore, to put 
an end to all doubt, and to prevent any dispute respecting 
the premises, — 

Be it enacted by this General Assembly, and by the 
authority thereof it is hereby enacted, that such omission 
notwithstanding, the said charter hath at all times, since the 
passing of the said act, been, and now is, in as full force, and 
of the same validity, as though it had been signed by the 
said Joseph Wanton, and the public seal had been thereto 
affixed. And that all the rules, orders and regulations, 
made and passed by the said body politic, pursuant thereto, 
be, and the same are, hereby declared to be good, binding 
and effectual, to all intents and purposes. 

And it is further enacted, that His Excellency the present 
Governor be, and he is, hereby requested to sign the said 
charter, and to cause the seal of the state to be thereto 
affixed ; which shall have the same effect and operation, as 
if it had been signed by the said Joseph Wanton, agreeably 
to ther intention of the said act. 

Both houses being joined in a grand committee, Theodore 
Foster, Esq., was elected a senator to represent this state in 
the Congress of the United States of America, from and 
after the third day of March next, for and during the time 
prescribed by the Constitution of the aforesaid United States. 

A committee of ten members, with the secretary and 
clerk of the lower house, were appointed to assort and 
count the proxes, put in for the representative of this State 
in the Congress of the United States pf America, from and 



[1790. AND PR0VID£!7CE PLANTATIONS. 395 

after the third day of March next, for and during the time 
prescribed by the Constitution of the said United States ; 
who reported, that Benjamin Bourne, Esq., had a majority 
of all the votes ; and thereupon the said Benjamin Bourne, 
was declared to be duly elected. 

The undernamed persons, were elected to the offices 
ascribed to them respectively, to wit : 

Thomas Holden, Esq., major general of the militia of the 
state, in the room of Joseph Stanton, Jr., Esq., who resigned. 

Isaac Johnson, Esq., lieutenant colonel commandant, and 
Joseph Arnold, Esq., (son of Caleb) major of the senior class 
regiment in the county of Kent 

Jonathan J. Hazard, and John S. Dexter, Esqs., agents in 
behalf of this state, to adjust the claims of the state upon 
the United States of America. 

It is unanimously voted and resolved, that David Howell 
and Benjamin Bourne, Esqs., with the secretary, be, and they 
are, hereby appointed a committee, to prepare an address in 
the name of this General Assembly, to be presented to the 
President of the United States of America ; and that they 
make report to this Assembly, at the next session. 

Whereas, a great number of the inhabitants of the town 
and county of Providence preferred a petition, and prayed 
this Assembly to grant a lottery, to raise a sum not exceed- 
ing three thousand pounds, in specie, for building a bridge 
over the river Weybosset, at or near the place where Weybos- 
set bridge now stands, and for keeping it in repair. . 

Which being duly considered, — 

It is voted and resolved, that the prayer of the said 
petition be granted. That Messrs. William Lamed,*John 
Dorrance, Andrew Dexter, and Saniuel Snow, be appointed 
directors of the said lottery ; and empowered with the 
approbation of the town council of Providence, to form the 
scheme thereof That they give bond to the general treas- 
urer, with surety, in the sum of six thousand pounds, in 
specie, for the faithful performance of that trust ; and that 



396 BEOORDB OF THE STAT^ OF RHODE ISLAND [OOT., 

■ 

the said directors pay the money^ which shall be raised by 
the said lottery, into the hands of such committee, as the 
town of Providence shall appoint, to be appropriated for the 
purpose aforesaid. Provided, that no expense arising there- 
from, accrue to the state. 

It is voted and resolved, that the petition of Mr. William 
Deputrin, representing that he was a soldier in one of this 
state's Continental battalions, wounded in the action upon 
Long Island in the year 1776, made prisoner and confined 
in New York upwards of twelve months, and that he hath 
received no pay since his being captivated, and praying for 
an allowance, be referred to the next session ; and that CoL 
Jeremiah Olney, and Major William Allen, be, and hereby 
are, appointed a committee to inquire into the facts set forth 
therein ; and that they then make report. 

Whereas, Mrs. Mary Thurston, of Newport, widow, pre- 
ferred a petition, and represented imto this Assembly, that 
she is possessed of certain sums of money, emitted by the 
then colony of Rhode Island and Providence Plantations, in 
the years 1758, 1760, 1762, 1766, and 1767, to the amount 
of upwards of two hundred pounds, and prayed that she 
might be allowed the same; which petition was by the 
lower house referred to a committee, who made the follow- 
ing report thereon, to wit : 

Report of the Commltee appointed by the General Assenibfy 
relative to the petition of Mrs. Mary Thurston. 

We, the subflcriben, agreeably to our appointment, have examined the money in the 
hands of the within named petitioner, and find the sum of two hundred and fifty-four 
pounds eleven shillings and fi?epenoe, in lawful money bills, exclusiTe of interest, 
emitted at the times mentioned in the petition ; likewise, some pieces of bills, of dif- 
ferent emissions, consisting of halves, quarters, etc., but whose proper^ it is, we are 
not able to say, and therefore submit it to the Honorable General Assembly. 

JOSEPH CLARKE. 
GEORGE HAZARD, 
GEORGE SEARS, 
Newport. Oct. 26, 1790. Committee. 

And the said report being duly considered, — 



1790.] AND PROVIDENCE PLANTATIONS. 897 

It is voted and resolved, that it be accepted ; and that 
upon the said Mary Thurston's lodging the said bills in the 
general treasury, there be allowed and paid her, out of 
the same, the sum of three thousand eight hundred and 
eighteen pounds eleven shillings and threepence in the bills 
of credit emitted- by this state, which shall be in full satis- 
faction for the said bills ; the exchange being reckoned at 
fifteen for one. 

Whereas, the society, denominated the Second Congrega- 
tional Church and Congregation in the town of Newport 
by their standing committee, prefered a petition, and repre- 
sented unto this Assembly, that their house of worship and 
parsonage house were greatly damaged by the British 
troops, who left them in a ruinous condition ; and that, to 
put them into good repair, they have, been at great 
expense, and are now involved in a considerable debt, with- 
out having been able to efiect the same. And thereupon, 
they prayed this Assembly to grant them a lottery, to be 
conducted by the committee of the said society, upon such 
plan as they shall devise, for raising the sum of twelve hun- 
dred specie dollars, for the use of the said society in dis- 
charging the said debt, and further repairing the said 
buildings. Which being duly considered, — 

It is voted and resolved, that the prayer of the said 
petition be, and hereby is, granted. That bond be given to 
the general treasurer, in the sum of two thousand four hun- 
dred specie dollars, for the faithful performance of the said 
trust ; and that the said lottery be conducted without any 
expense to the state. 

Whereas, it appears unto this Assembly, that Asa Aldrich, 
an inhabitant of the town of Cumberland, in this state, hath 
been deemed by the select men of Wrentham, in the com- 
monwealth of Massachusetts, an inhabitant of that town, 
and in consequence thereof hath been greatly vexed and 
oppressed. 

It is therefore voted and resolved, that His Excellency 



398 RECORDS OF THE STATE OF RHODE ISLAND [OCT., 

i 
y 

the Governor, be requested to write to his Excellency the 
Governor of Massachusetts, representing the state of this 
matter, and desiring that the select men and inhabitants of 
the said town of Wrentham, may be directed to surcease all 
proceedings against the said Asa Aldrich, until the line 
between the said commonwealth and this state, in that 
part, be settled. 

The committee appointed to prepare an address to the 
President, reported the following : 

The Address of the Legislaiure of the State of Rhode Island and 
Providence Plantaiions to the President of the Umted States. 

At this earliest stated meeting of the Legislature, since the accession of this state, 
which completed the ^Federal Union, we cannot omit to express our congratulations on 
your election by the free suffrages of the citizens of this great confederated republic 
to the office of chief magistrate thereof. The citizens of this state, be assured, sir, 
participate largely in the general joy that the United States in time of peace, still 
remains under the fostering hand that led them successfully through a long and 
arduous war. Attached as we hare been to the rights and liberties of mankind from 
the first settlements made on these shores, we cannot fail to cooperate in all just 
measures to secure them to the people of these countries, now happily united under 
an efficient and well-balanced Federal Govern ment. In promoting to places of trust 
and emolument in the £zecuti?e Department the wisest and best men, you have pur- 
sued the example of the people in the election of the National Legislature. 

Under such a Constitution and such an administration we cannot but flatter our. 
selves with the hope of prosperity in our commerce, agriculture, and manufactures, 
and of the establishment of our public credit and national character. With a grateful 
warmth of affection, permit us to recognize our sensibility of the particular honor of 
your late visit to this state, while at the same time we offer up our praises to Almighty 
God, by whose kind providence you had then been recently restored to health — that 
He may still have you under His holy keeping, and after a very long and useful llfb 
confer on you the rewards of virtue, is our fervent prayer. 

Which being duly considered, — 

It is voted and reBolved, that the said address be, and the 
same is, hereby approved. That the secretary cause a fair 
copy thereof to be made ; that His Excellency the Governor, 
and the Honorable the speaker of the lower house, be 
requested to sign it, in behalf of this legislature ; and that 
His Excellency be requested to transmit the same, as soon 
as may be. 



1790.] AND PROVIDENCE PLANTATIONS. 399 

Whereas, Peter Phillips, Esq., by his memorial, repre- 
sented unto this Assembly, that, as a deputy commissary 
general of purchases and issues for the United States, he 
received and paid several sums of money, pursuant to the 
acts and orders of the legislature of this state, upon account 
whereof he hath discharges in full ; but that it hath been 
suggested to the commissioners for settling the accounts of 
the United States, that a demand was intended to be made 
by this state against the United States for depreciation, on 
account of the money received and paid by him as aforesaid, 
although no depreciation whatever is due from him either in 
law or equity, on account of the said money. That he hath 
a balance due to him from the United States; but that by 
reason of such suggestion, he cannot obtain a settlement of 
his accounts, to his very great injury ; and thereupon, the 
said Peter Phillips, requested this Assembly to appoint a 
committee, to examine whether there is any ground of claim 
on the part of this state against him, on account of the 
money so received and paid by him, with directions to make 
report, in order to enable him to obtain a settlement of his 
accounts with the United States. 

It is therefore voted and resolved, that Benjamin Bourn, 
and John S. Dexter, Esqs., be, and they are, hereby 
appointed a committee, to enquire into the subject matter 
of the said petition ; and that they make report to this 
Assembly, at the next session. 

An Act for the better regulating and defining the powers of the Company of the Red- 
wood Library, in the town of Newport. 

Whereas, by the petition of Stephen Ayrault, William Vernon, Robert Crooke, 
Christopher Champlin, John Bours, Edward Thurston, Thomas Wickham, John Mal- 
bone, George Champlin, Benjamin Ellery, Stephen Deblois, James Cahoone, Solomon 
Southwick, John Collins, Henry Marchant, George Gibbs, Robert Stevens, Jacob 
Richardson, John Coggeshall, William Hunter, Caleb Greene, Thomas Howland, 
Samuel Tates, Jonathan Easton, Jr., Joseph Burrill, Joseph Jacob Robinson, Gideon 
Wanton, Daniel Mason, Nicholas P. Tillinghast, Abraham Rodericus Rivera, John 
Scott, John Banister, and Henry Ward, members of the ^dwood Library Company, 
it is represented that Abraham Redwood, Esq., late of Newport, deceased, having here- 
tofore in hii lifetime generously engaged to bestow five hundred pounds sterling, to be 
laid out in a collection of useful books, suitable for a public library proposed to be 



400 RECORDS OP THE STATE OF RHODE ISLAND [OCT., 

erected in said Newport; and having nothing in view bat the good of mankind, had 
chosen to make his donation as lasting and diffusive as possible ; to which end, James 
Honyman, Edward Scott, Simon Pease, Henry Colh'ns, and divers others, had been 
invited to join with him, and so far as in them lay to form a society or company, for, 
the propagating virtue, knowledge, and useful learning; and whereupon, the said 
society made application to the general Assembly of the then colony, now state of 
Rhode Island, etc., at their session at Newport, on the third Tuesday of August, A. D. 
1747, for a charter of incorporation ; who highly approving of so noble and honorable 
a design, did thereupon give and grant, that the said Abraham Redwood, James 
Honyman, Edward Scott, Simon Pease, Henry Collins, and others therein named, and 
all others that should by them be admitted members of their company, should be and 
they were instituted, erected and made, a body politic and corporate, to subsist at all 
times forever thereafter, in deed and name, by the name of the company of the Red- 
wood Library, and by the same name should have perpetual succession, with full and 
plenary powers for the purpose aforesaid, as in and by said charter of incorporation 
may more fUlly and at large appear, reference thereto being had. And whereas, the 
said corporation did immediately thereafter procure a valuable lot of land, and erect 
an elegant building, and procured a most valuable collection of books, which from 
that time continued to be highly useful and beneficial to the said society, to the inhabi- 
tants in general of the said town of Newport, and of the then colony, now state of 
Rhode Island, etc., until the late war commenced. And whereas, the said members 
of the said society did further represent, that during the war the said town of New- 
port being deserted by many of its inhabitants, and occupied by a British garrison for 
three years, a very considerable number of the books were purloined, others much 
defaced, and the building and fences fallen into decay. That many of the proprietors 
or members of said society arc dead, or removed out of this state, and no persons 
appear in their behalf to manage and conduct the afiairs of said company, whereby 
the generous and noble intentions of its founder, and other very generous benefiictors 
are in danger of being utterly frustrated, and a great good lost to society in general, 
unless some immediate means bo taken to reinstate and reincorporate such members 
of said company as do, or may, upon proper notice appear to act and conduct the 
affiiirs thereof, and more fully to regulate and define the powers of said company. 
And whereas, the said members of the said company did pray the interference of this 
Assembly thereon. Whereupon, — 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that the said Stephen Ayrault, William Vernon, Robert Crooke, Christopher Champ- 
lin, John Bours, Edward Thurston, Thomas Wickham, John Malbone, George 
Champlin, Benjamin EUery, Stephen Deblois, James Cahoonc, Solomon Southwick, 
John Collins, Henry Marchant, George Gibbs, Robert Stevens, Jacob Richardson, 
John Coggeshall, William Hunter, Caleb Greene, Thomas Howland, Samuel Tates, 
Jonathan Easton. Jr., Joseph Burrill, Joseph Jacob Robinson, Gideon Wanton, Daniel 
Mason, Nicholas P, Tillinghast, Abraham Rodericus Rivera, John Scott, John Ban- 
ister, and Henry Ward, with such others of the proprietors or members of the said 
company of the Redwood Library, as shall within three months from the rising of 
this General Assembly, give in his or their name or names to the treasurer of said 
company, and appear either by himself or proxy duly constituted in writing, at the 
next meeting of said company, which shall be held at said Newport, in said library 
building, on the second Monday of February next, shall be, and they are, hereby con- 
stituted and declared to beWie only members and proprietors of said company of the 
Redwood Library ; and all other rights and claims shall, and they are, hereby declared 
to be forfeit to and for the use, benefit and behoof, of said company forever. 

And be it further enacted by the authorily aforesaid, that said corporation or body 



1790.] 



AND PROVIDENCE PLANTATIONS. 401 



three of the directors being present, shall have power to order such taxes upon the 
rights respectively as shall or may be necessary, in the judgment of said company, for 
the proper and decent repairing and keeping in repair said building, and fences around 
the same, and for such other purposes as the corporation shall think proper ; such 
taxes to be laid equally on each right. That upon the non-payment of such rate 
or tax for six months after the same shall be ordered by a legal meeting of said 
company or corporation, or of any rate or tax now due for four months after demand 
made, the person so refusing or neglecting to pay, shall forfeit his or their right, to and 
for the use and benefit of said company forever. 

And be it further enacted by the authority aforesaid, that at all meetings to be had 
or held by said company after the first as before mentioned, no proxies shall be 
admitted ; and twelve proprietors actually present shall constitute a legal meeting, 
seven of which shall be a quorum. 

And be it further enacted by the authority aforesaid, that all laws, statutes, orders, 
and constitutions, made by any legal meeting of said company, shall be binding on 
every member, and be in force from time to time, and invioably observed, according 
to the tenor and efiect of them. Provided, that they be not repugnant to the laws 
of this state, or the constitution of the United States of America. 

And be it further enacted by this General Assembly, and by the authority thereof it 
is enacted, that for the present, and until a legal meeting shall be had, Stephen 
Ayrault shall be the treasurer of said company, and William Channing secretary 
thereof. That there shall be five directors chosen, three of whom shall be a quorum. 
That William Vernon, John Hours, Nicholas P. Tillinghast, Robert Stevens, and 
Jonathan Easton, Jr., shall be the present directors, under the orders, laws, and regu- 
lations of said Company, and unlil others shall be appointed by the said company in 
their room and stead ; whose business it shall be to meet quarterly, or oftener, if they 
see fit, to examine and settle the accounts of the treasurer, inspect the books, view 
the building, etc., to examine the doings of the librarian, and to make such temporary 
laws and orders aa they may judge proper, not inconsistent with this act, or the laws 
that shall be made by said company ; and which laws and orders so made shall 
be in force until the then next legal meeting of said company, but no longer, unless 
then confirmed by such meeting. 

And be it furibt^r enacted by the authority aforesaid, that all deeds or conveyances 
of rights hereafter to be made, shall be recorded at length by the secretary of said 
company, in a book of records by him to be kept for that purpose ; and who shall 
at the first meeting of the said company record the names of tlie persons therein 
declared to be the present members or proprietors, and such as shall then agreeably to 
this act qualify themselves as such, by appearing as aforesaid by themselves or proxies. 
And if such deed or conveyance be not so recorded within three months next after 
the rights accruing, the same shall be forfeit to the said company forever. 

And be it further enacted by the authority aforesaid, that such rights shall not be 
liable to be attached or levied upon, by any writ or execution, for any debt, duty or 
demand, of what kind or nature soever ; and that no proprietor shall hold or epjoy, 
by purchase or otherwise, more than one right at anyone time after six months fh)m 
the passing of this act. 

Whereas, David Seketer, and Daniel Skefux, two of the 
council of the Narragansett tribe of Indians, in behalf of the 
said tribe, represented unto this Assembly, that by reason 
of long disputes with the white inhabitants, respecting their 

TOL. X. 61 



402 RECORDS OF THE STATE OF RHODE ISLAND [OCT. 

lands^ they are involved in a debt which they are unable to 
discharge, without the sale of lands ; and that there are two 
lots of land belonging to the said tribe, of bilt little use to 
them which will sell for a considerable sum of money. One 
of the said lots being called the Indian saw mill lot, and the 
other being in the possession of Samuel Perry, Esq. ; and 
prayed, in behalf of the said tribe, that the aforesaid lots 
may be sold, under the inspection of the present committee 
respecting Indian aflfairs. That if the money arising from 
the sale be insufficient to discharge the said debt, the said 
committee be empowered to sell such other lands, for the 
discharge thereof, as they shall judge most advantageous to 
the said tribe ; and that a deed or deeds, given by the said 
Indian council, with the approbation of the said committee, 
shall make a good title to the purchaser or purchasers ; on 
consideration whereof, — 

It is voted and resolved, that, pursuant to the prayer of 
the said petition, the petitioners be permitted to sell and 
dispose of all the lands therein specified, excepting the saw 
mill lot, possessed by Gideon Burdick, which part of the 
said petition is hereby referred to the next session ; and 
that in the meantime the said Gideon Burdick, be notified 
to appear then, and show cause, if any he hath, why they 
should not be permitted to sell that also. 

It is voted and resolved, that the petition from a number 
of the inhabitants of the county of Providence, praying 
that a lottery may be granted, to raise the sum of one 
thousand pounds, to repair the north road leading from 
Providence to Norwich, through Scituate and Foster, and 
render it conveniently passable for carriages, be referred to 
the next session. That Messrs. Jabez Bowen, Amos Atwell, 
Sylvanus Martin, and John L Clark, be, and they are, hereby 
appointed a committee, to examine into the subject matter 
of the said petition, and that they make report to this 
Assembly, at the next session. 

It is voted and resolved, that the petition from a number 



1790.] AND PROVIDENCE PLANTATIONS. 403 

of the inhabitants of the towns of Scituate, Coventry aind 
Cranston, praying that a lottery may be granted, to raise 
the sum of three hundred pounds, to repair the road lead- 
ing from Providence through Cranston to Voluntown, in 
Connecticut, and render it conveniently passable for car- 
riages, be referred to the next session. That Messrs. Jabez 
Bowen, Amos Atwell, Sylvanus Martin, and John I. Clarke 
be, and they are, hereby appointed a committee to enquire 
into the subject matter of the said petition, and that they 
make report to this Assembly at the next session. 

It is voted and resolved, that the petition of the Provi- 
dence Association of Mechanics and Manufacturers, praying 
that a number of articles exported from that town, may be 
subjected to inspection, be referred to the consideration of 
the committee appointed at the last session to draw up an 
act for the inspection of salted beef, pork, etc. 

It is voted and resolved, that forty-five pounds, in the 
bills of credit emitted by this state, be allowed and paid 
out of the general treasury to Mr. Benville Laroche, in full 
for three pounds in specie due to him as an invalid on the 
first of January, A. D. 1786, as appears by a certificate of 
the general treasurer; the exchange being reckoned at 
fifteen for one. 

Whereas, the following report was presented unto this 
Assembly, to wit : — 

Report of the CommUtee appointed by the General Assembfy 

upon Indian affairs. 

In obedience to the act of the Honorable General Assembly, passed at the session 
held in December, A. D. 1788, your committee for superintending the affairs of the 
Narragansett tribe of Indians, and running and ascertaining certain disputed boundary 
lines between them and the white people, respectfully report, — 

That on the fifth day of April, A. D. 1790, we notified the parties concerned, and met 
on the premises. That after fully hearing them, collectiog the best information in oar 
power, from Ninigret's deed made to the gOYcrnor and company, dated March 28, A. 
D. 1709, several other deeds, with two draughts made by John Mumford, surveyor, 
bearing date June 25, A. D. 1709, (copies of which we now present to your Honors,) 
adjourning several times, running various lines, comparing the same with the deeds 
and draughts aforesaid, and maturely considering the subject, your committee directed 



404 RECORDS OP THE STATE OF RHODE ISLAND [OCT., 

Mr, Samuel Bliyen, surreyor to net his compass at the head of ihe brook that Peleg 
Cross's mill standeth upon, agreeably to the aforesaid deed made by Ninigret, where 
your committee erected a Stake and stones ; fVom thence running a straight line 
north, seven degrees east (the surveyor allowing three degrees variation of compass, 
east of north, between the time the plats were made and the present time) to Faaques- 
set pond, where we erected another stake, with stones about it. 

Tour committer further report, ^that we discovered three heaps of stones, nearly in 
the same direction with the said line, which appear to your committee like ancient 
monViments, to ascertain boundary lines ; and that three hundred and sixty-one acres 
of land, westward of the above said line, are claimed by the white inliabitants. 

JOSEPH STANTON, J». 
ROWLAND BROWN, 
WALTER WHITE, 

Committee. 

Your committee would further report, that the lot of land belonging to said tribe, 
said to be in the possession of Samuel Perry, Esq., hath been greatly injured by hav- 
ing the timber cut off*. William Card was on the said lot with his team, drawing 
board logs, when your committee viewed the lot. He informed us that he did it by the 
permission of the said Samuel Perry. A memorandum of the said timber is herewith 
presented. 

Your committee beg leave further to report, that sundry persons have trespassed, 
by cutting a quantity of stuff in the cedar swamp ; whose names, with the quantity 
of stuff cut, are now presented to your honors. It is the opinion of your committee, 
that the trespassers ought to be prosecuted, unless immediate satisfaction be made. 

JOSEPH STANTON, Jr., 
JOSEPH NOYES, 
WALTER WHITE, 

October 6, 1790. Committee. 

To the Honorable General Assembly. 



On consideration whereof, — 

It is voted and resolved, that the said report be referred 
to the next session ; and that the secretary publish the pur- 
port thereof in one of the Newport and in one of the Provi- 
dence newspapers, and notify therein all persons concerned 
to appear then, and show cause, if any they have, why such 
further proceedings should not be had, its are recommended 
in the said report 

Whereas, it becomes states and governments, as well as 
all people individually, at all times, to acknowledge their 
dependence upon the Creator of the universe, and grate- 
fully to acknowledge the blessings of His Providence : 

It is therefore voted and resolved, that His Excellency 
the Governor, be, and he is, hereby requested to issue a 



1790.] AND PROVIDENCE PLANTATIONS. 405 

proclamation, appointing Thursday, the twenty-fifth day of 
November next, a day of public thanksgivings and praises 
to Almighty God, and calling upon the people of this state, 
to assemble themselves together on that day, at their usual 
places of public worship, to offer up their united thanks- 
giving and praises, for the manifold and, undeserved bless- 
ings bestowed upon the people of this land, by the great 
author of all good ; for the preservation of our civil and 
religious rights ctnd privileges ; for disposing the hearts of 
this people peaceably to unite in the establishment of the 
general government ; for the prosperity of our agriculture, 
manufactures, and commerce ; for the general state of 
health enjoyed by the people ; for the happy improvement 
of arts and sciences ; and for all other mercies and favors of 
the year past. And at the same time humbly to implore 
the forgiveness of all their manifold sins and transgressions, 
and a continuation of the Divine blessings. And also, 
recommendjng to them to abstain from all servile labor and 
recreations on that day. 

Whereas, Mr. John Wanton exhibited unto this Assembly 
an account, by him charged against the state, for his wages 
as gunner of Fort Washington, and the wages of four men 
employed there as oarsmen, from May 9, 1789, to May 9, 
1790, at four dollars specie per month, amounting, to two 
hundred and forty dollars. Which being duly considered, — 

It is voted and resolved, that the same be allowed ; and 
that one thousand and eighty pounds, in the bills of credit 
emitted by this state, be paid to the said John Wanton out 
of the general treasury, in full satisfaction therefor; the 
exchange being reckoned at fifteen for one. 

It is voted and resolved, that three hundred and seven 
pounds two shillings and sixpence, in the bills of credit 
emitted by this state, be allowed and paid out of the general 
treasury to Messrs. John Ward and Company, in full of 
their account, amounting to twenty pounds nine shillings 
and sixpence in specie, for powder to salute the President 



406 RECORDS OF THE STATE OF RHODE ISLAND [OcT., 

of the United States, upon his arrival at Providence ; the 
exchange being reckoned at fifteen for one. 

It is voted and resolved, that two hundred and sixteen 
pounds in the bills of credit emitted by this state, be 
allowed and paid out of the general treasury to Messrs. 
Dixon and Burrill, in full of their account, amounting to 
fourteen pounds eight shillings in specie, for powder to salute 
the President of the United States, upon his arrival at New- 
port; the exchange being reckoned at fifteen for one. 

It is voted and resolved, that forty pounds ten shillings, 
in the bills of credit emitted by this state, be allowed and 
paid out of the general treasury to Messrs. Dixon and Bur- 
rill, in full of their second account, amounting to two pounds 
fourteen shillings, in specie, for powder to salute the Presi- 
dent of the United States, upon his arrival at Newport ; the 
exchange being reckoned at fifteen for one. 

It is voted and resolved, that one hundred and twenty- 
seven pounds ten shillings, in the bills of credit emitted by 
this state, be allowed and paid out of the general treasury, 
to Mr. Ethan Clarke, in full of his account, amounting to 
eight pounds ten shillings, in specie, for powder to salute the 
President of the United States, upon his arrival at Newport ; 
the exchange being reckoned at fifteen for one. 

It is voted and resolved, that twenty pounds five shil- 
lings, in ,the bills of credit emitted by this state, be allowed 
and paid out of the general treasury to Mr. Rufus Sprague, 
in full of his account, amounting to one pound seven 
shillings, in specie, for six days attendance upon this Assem- 
bly at the present session reckoning the exchange at fifteen 
for one. 

It is voted and resolved, that Jonathan J. Hazard, and 
John S. Dexter, Esqs., the commissioners appointed to adjust 
and settle the accounts of this state with the commissioners 
of the United States, be authorized to receive from the late 
commissioner of this state, and from all other persons whom- 
soever, in whose possession the same may be, all such books, 



[1790. AND PROVIDENCE PLANTATIONS. 407 

vouchers and other papers, as respect the claims of this 
state, or of any town or individual thereof, against the 
United States, for damages sustained, advances made, ser- 
vices performed, or supplies furnished, in the late war, and 
for which it may be proper to lodge a claim, to the said 
commissioners of the United States. And that the said 
Jonathan J. Hazard, and John S. Dexter, be directed to 
repair to the city of New York, or wheresoever the said 
commissioners of the United States may sit for the purpose 
aforesaid, with all convenient dispatch, and there with the 
said commissioners of the United States to make such adjust- 
ment and settlement of the said accounts as they may deem 
most conducive to justice, and to the interest of the state 
and citizens thereof 

It is voted and resolved, that all business pending before 
this Assembly unfinished, be, and the same is, hereby referred 
to the next session ; and that this Assembly be, and hereby 
is, adjourned unto the last Monday in February next, then 
to meet at the state house in East Greenwich. 

God save the United States of America ! 



Resoltdions from the State of Virginia. 

In the House of Delegates, ( 
November 22d, 1790. > 

The General Assemblj of Virginia, considering it as one among the important 
pririleges of the people, that they should have free admission to hear the debates of the 
Senate as well as of the House of Representatives, whenever they are exercising their 
le^slative functions, — 

Hesolved, therefore, — memine contradicente — that the Senators of this state in the 
Senate of the United States, be instructed to use their utmost endeavors to procure 
the admission of the citizens of the United States to hear the debates of their house 
whenever they are sitting in their legislative capacity. 

Besolved, memine contradicente, that the speakers of the two houses of the General 
Assembly, be requested to enclose copies of the foregoing resolution to the legisla 
tures of the several states in the Union, requesting their cooperation in similar 
instructions to their respective senators. 

A true copy,— Attest, CHARLES HAY, C. H. D. 

November 27, 1790. Agreed to by the Senate. 



408 RECORDS OP THK STATE OF RHODE ISLAND [OCT., 

Richmondi December let, 1790. 

Sir : — We (lave the honor to transmit to you the resolutions of the General Assem- 
bly of Virginia, respecting the right of the citizens of the United States to hear the 
debates of the federal Senate, when acting in their legislative capacity. We obey the 
instructions and express the wish of the General Assembly, when we request the 
cooperation of your state on this subject. 

Virginia having heretofore instructed her senators in Congress to the same effect, 
and now renewing the application by the unanimous voice of both branches of the 
legislature, shows of what great importance she considers this privilege and her solic- 
itude respecting it. 

We request the favor of you to lay the enclosed resolution before the legislature of 
your state, as early as circumstances will admit. 

We have the honor to be, sir, 

Your most obedient servants, 
JOHN PRIDE, S. S. 
THOS. MATHEWS, S. H. D. 



Letter from General Knox to the Governor of Rhode Island. 

War Department, ? 

January 4th, 1791. > 

Sir : — Ou the 19th of October 1789, 1 had the honor to request the Governor of the 

state of Rhode Island, to transmit to this office a list of the invalid pensioners of the 

United States, and also a list of the widows and orphans who have received from said 

state seven years half pay, stipulated by the resolve of Congress of the 24th of 

August, 1780, in which return is to be stated the rank, and the time of the officers 

death, the amount of the annual pension paid to the widows and orphans and the years 

for which it has been paid. The list of the invalid pensioners of the state of Rhode 

Island is received, but that of the widows and orphans not. I therefore request your 

Excellency would'be so obliging as to direct that such a return, as above described 

may be made to this office with all possible despatch, in order that the arrearages, if 

any, may be included in the estimate to be laid before Congress at their present 

session. 

I have the honor to be, etc., 

H. KNOX, 

Sec'y of SUte. 
To His Excellency the Governor of Rhode Island. 



Letter froin Alexander Martin to the Governor of Rhode Islafid. 

North Carolina, January 4th, 1791. 

Sir : — Pursuant to the request of the Genend Assembly of North Carolina, I do 
myself the honor to enclose you herewith a copy of sundry resolutions passed at their 
last session, as instructions to the senators of this state in Congress. 

Be pleased to lay the same before the General Assembly of your state, at their next 

meeting. I have the honor to be, etc., 

ALEX. MARTIN. 
To His ExceU«mcy the GoTomor of Rhode Island. 



1790.] 



AND PBOVIDENCE PLANTATIONS. 409 



In General Auembly, December 14th, 1790. 

Whereas, the secresy of the Senate of the United States, and the alarming measures 
of the late session of Congress, strongly impress this General Assembly with the 
necessity of declaring their sentiments thereon : 

Resolved, that the senators representing this state in the Congress of the United 
States be, and they are, hereby directed to use their constant and unremitted exertions 
to have the doors of the Senate of the United States kept open, that the public mtty 
have access to hear the debates of the Senate when in its legislatire or judicial 
capacity. 

Resolved, that they use their endeavors to have such of the journals at are not of a 
secret nature printed and transmitted by post or otherwise to the Executive regularly 
during each session of Congress. 

Resolved,* that the senators of this state use their utmost endeavors to effect 
economy in the expenditure of the public moneys and to decrease the enormous sala- 
ries given to the public officers and others, who, however much they may be deserving 
of the public gratitude or liberality for the eminence of past or present services, 
ought only to be compensated agreeable to republican economy. 

Resolved, that they strenuously oppose every excise and direct taxation law, should 
any be attempted in Congress. 

Resolved, that His Excellency the Governor, be requested to transmit a copy of the 
aforegoing resolutions to Samuel Johnson and Benjamin Hawkins, Esqrs., the senators 
representing this state in the Congress of the United States, and another copy to the 
Legislatures of each state. 

WM . LENOIR, Speaker S. 

S. CABARRUS, Speaker H. C. 

Letter from the G&venmr of Rhode Island to the Secretary of War. 

Providence, January 24th, 1791. 

Sir : — Tour letter of the 4th inst., on the subject of advances made by this state to 

the widows and orphans of the officers who died in the service of the United States, 

on account of the seven years half pay, has been received, and as it remains doubtful 

to me from the manner of expression in your letter whether you have received a 

return, from the deceased officers made by the committee appointed by the legislature 

for finally liquidating and settling the in valid accounts, and which was supposed to 

have been by them transmitted with the invalid return on the 8th day of April, 1780, 

I now enclose a copy of it, by which it will appear that the whole sum advanced by 

this state to the widows and orphans amount to £8884 8s. 4d. for which sum the general 

treasurer of this state has issued his notes on interest, except for £81 9s. 9d. being 

paid in specie for interest due Ann Greene and Mary Johnson. If any further infer- 

tion is necessary please to inform me. ' 

A. FENNER. 

Hon. Gen. Knox, Secretary of War. 

Letter frrnn Alexander HamiUon to the Governor of Rhode Island. 

Treasury Department, ) 
January 14th, 1791. ) 
Sir :— It is necessary to the a^ustment of the public accounts that the officers of the 
treasury should be informed what sum in final settlement certificates were paid over to 
the several states by the agents for settling the accounts of their lespectiTe linea in the 

VOL. X. 52 



410 RECORDS OF THE 8TATE OF RHODE ISLAND [FeB., 

late taw J, The statements of these agents are the only documents on the subject of 
which the United States are i>088e88ed, and it will be readilj perceived that they ought 
not to be accepted as satisfactory vouchers. I am therefore obliged to request the favor 
of your directing a return of the sum received by your state, to be made out as expe- 
ditiouslyas may be convenient and transmitted to this office. 

I have the honor to be, etc., 

A. HAMILTON, 

Sec'y of the Treasury. 



Proceedings of the General Assemhli/ of the State of Rhode 
Island and Providence PlardationSy at JEast GreemvicJij on the 
last Monday y in February^ 1791. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 

The following answer from the President of the United 
States, to the address of the legislature of this state, made 
at the last session, was laid before this Assembly, to wit : 

lAter from Gen. Washington to the LegisMure of Rhode Island. 

To the Legislature of the State of Rhode Island and Providence Plantations : 

Gentlemen : — While I acknowledge with grateful sincerity my personal obligations 
to the Legislature of the State of Rhode Island and Providence Plantations, for the 
very flattering manner in which they convey their congratulations on my election to 
the cliief magistracy of our confederated republic, and for the approbation they are 
pleased to express of my public conduct, it affords me peculiar pleasure to observe 
that the completion of our Union, by the accession of your state, gives a strong assur- 
ance of permanent political happiness to the people of America. 

A change in the National Constitution, conformed to experience and the circum- 
stances of our country, hath been most happily efiected by the influence of reason 
alone. In this change the liberty of the citizen continues unimpaired, while the 
energy of government is so increased as to promise fUll protection to all the pursuits 
of science and industry, together with the Arm establishment of public credit, and the 
vindication of our national character. It remains with the people themselves to pre- 
serve and promote the great advantages of their political and natural situation, nor 
ought a doubt to be entertained that men who so well understand the value of social 
happiness, will ever cease to appreciate the blessings of a free, equal and efficient 
government. In expressing my sensibility for the interest you take in the restoration 
of my health, I recall with pleasure the remembrance of those civilities which I 
received in my late visit to your state. My best wishes are offered, gentlemen, for 
the prosperity of your constituents, and for your individual happiness. 

GEO. WASHINGTON. 



1791.] AND PROVIDKNCB PLANTATIONS. 411 

Whereas, a number of the inhabitants of North Provi- 
dence, preferred a petition, and represented unto this Assem- 
bly, that they erected a meeting-house in that town several 
years ago, but have never been able to complete it, and that 
what hath heretofore been done hath gone much to decay ; 
and that it is still out of their power to repair and finish 
the said building, without some public assistance. And 
thereupon prayed this Assembly to grant them a lottery to 
raise the sum of one hundred and fifty pounds, lawful silver 
money, under the direction of Joseph Borden and Hope 
Angell, Esqs., Mr. Emor Angell and Doctor Daniel Whip- 
ple, Jr., to be appropriated to the repairing and finishing 
the said building. And the aforesaid petition being duly 
considered, — 

It is voted and resolved, that the prayer thereof be 
granted. That the said Joseph Borden, Hope Angell, Emor 
Angell and Daniel Whipple, Jr., be the managers and 
directors of the said lottery, and empowered to set forth 
the same for raising the said sum of one hundred and fifty 
pounds in specie upon such scheme or plan as they shall 
think proper. That they ajso be empowered to apply the 
sum they shall so raise to the making the necessary repairs 
upon and finishing the said meeting-house. That they give 
bond to the general treasurer in the sum of two thousand 
silver dollars for the faithful performance of the trust so 
reposed in them ; and that no expense accrue to the state 
in consequence of the said lottery. 

Whereas, the minister, wardens, vestry and congregation, 
of Trinity Church, in Newport, preferred a petition, and 
represented unto this Assembly, that the dispersion of the 
society, during the late war, occasioned their church to go 
very much to decay. That the unavoidable expense of 
repairing it, although the contributions for that purpose 
were liberal, hath involved them in a debt, which they can- 
not, consistent with the justice they owe to their families, 
pay among themselves. That one of the lanes leading to 



412 RECORDS OF THE STATE OF RHODE l&LAND [FeB., 

the said church, commonly called the new Church Lane, 
which was paved by the said society, by constant use hath 
been almost torn up ; and that a fence around the yard, 
which now lies open, and other very considerable repairs for 
the church, are necessary. And thereupon, they prayed 
this Assembly to grant a lottery, under the management of 
Messrs. George Gribbs, Thomas Wickham, Edward Mum- 
ford, John Handy, Robert Nichols Auchmuty and William 
Crooke, to raise the sum of one thousand five hundred silver 
dollars, to be applied for the purposes aforesaid. On consid- 
eration whereof, — 

It is voted and resolved, that the prayer of the said peti- 
tion be granted. That the said George Gibbs, Thomas 
Wickham, Edward Mumford, John Handy, Robert Nichols 
Auchmuty and William Crooke, be appointed directors of 
the said lottery, and empowered to raise the said sum of one 
thousand five hundred silver dollars, by a lottery, upon such 
scheme or plan as they shall think proper, for the purposes 
aforesaid. That they give bond to the general treasurer in 
the sum of four thousand silver dollars for the faithful per- 
formance of their trust ; and that no cost accrue to the state 
in consequence of the said lottery. 

Whereas, Jeremiah Olney, of Providence, for himself and 
the other proprietors of the confiscated estates, heretofore 
set ofi* for the payment of the balances due to the officers 
and soldiers of the late regiment commanded by Col. Israel 
Angell, for depreciation of their pay, preferred a petition 
and represented unto this Assembly, that the said proprie- 
tors are in possession of three-quarter parts of the Ansr 
quacket farm, in Tiverton, and the Banister lot, in Newport. 
That they now have it in contemplation to dispose of the 
same ; but that, as some of the proprietors reside in other 
states, it is difficult to obtain a power for conveying said 
lands. And thereupon, the said Jeremiah Olney, for him- 
self, and in behalf of the other proprietors, prayed this 
Assembly to pass an act, empowering him and Thomas 



1791.] AHD PBOVIDENCB PLANTATIONS. ^ 413 

Hughes^ of Freetown, in the Commonwealth of Massachu- 
setts, (they two being principally concerned therein,) in 
behalf of the said proprietors, to make and execute, to the 
purchaser or purchasers, a good and sufficient deed or deeds, 
of the said lands conformable to the deeds given by the 
general treasurer of this state to said proprietors. And 
the said petition being duly considered, — 

It is voted and resolved, that the prayer hereof be, and 
hereby is, gran^ted ; and that a deed or deeds of the said 
lands made and given by the said Jeremiah Olney and 
Thomas Hughes, shall convey to and vest in the purchaser 
or purchasers, all the right, title and claim, of the officers 
and soldiers of the said regiment, of, in and to the said 
lands, as fully and amply as if each individual had granted 
and conveyed the same. That the said Jeremiah Olney 
and Thomas Hughes account with the other proprietors for 
their respective proportions of the money arising jfrom the 
sale ; and that the state shall receive no damage, nor be put 
to any expense, in consequence of the said sale, nor trans- 
acting the said business. 

Whereas, a number of the inhabitants of the town and 
county of Providence, preferred a petition, and represented 
unto this Assembly, that in pursuance of a petition pre- 
ferred to the town council of Providence, they appointed a 
committee, who made the following report, to wit : " We, 
the subscribers, being appointed a committee to examine 
the land eastward of the highway at the north end of the 
town, and see if an eligible route for a road is therein con- 
tained, do report, that a straight, handsome and convenient 
street may be had from the house where Amasa Gray now 
lives to the corner of Jeremiah Dexter's stone wall, being 
fifteen feet and a half westward from the north-west comer 
of said Dexter's dwelling house ; and that the same direc- 
tion may be continued towards Pawtucket nearly straight 
for about two miles ; and that the same will greatly accom- 
modate and beautfy the north end of said town, as well as 



414 RECORDS OF THE STATE OF RHODE ISLAND [FeB., 

be extremely convenient ; " which report was accepted by 
the said town council. That some of the owners of the 
soil through which the said road is to pass are willing to lay 
open the same without any pecuniary compensation, and 
others will not without being paid the value of their land ; 
and that, at present, the only practicable mode of raising the 
money necessary to purchase that soil through which the 
said road is to pass, which must be purchased, of making 
the said road on a durable basis, and of paving the same, in 
such manner aa to prevent the necessity of annual repairs, 
is by a lottery. And thereupon they prayed this Assembly 
to grant a lottery, for raising the sum of nine hundred 
pounds, lawful silver money, for the purposes aforesaid, 
agreeably to the scheme with the said petition presented : 
that Messrs. Sylvanus Martin, Isaac Pitman, Ebenezer Ma- 
comber, Samuel Thurber, Jr., Benjamin Turpin and Stephen 
Randall, may be appointed managers thereof, with an allow- 
ance for their services at the rate of three per cent, out of 
the money raised ; and that the money so raised be appro- 
priated to, and Expended for the purposes aforesaid, under 
the direction of the said town council of Providence. Prizes 
not demanded within six months after the publication of the 
prize tickets, will be deemed as generously given for the ben- 
efit of the road. And the premises being duly considered — 
It is voted and resolved, that the prayer of the said peti- 
tion be granted. That the said scheme be approved and 
established. That the said Sylvanus Martin, Isaac Pitman, 
Ebenezer Macomber, Samuel Thurber, Jr., Benjamin Turpin 
and Stephen Randall, be appointed directors of the said 
lottery ; they giving bond in the usual manner for the 
faithful performance of the trust reposed in them. Provided 
always, that in case, after the money shall be so raised, the 
said street shall not be laid out and established, agreeably 
to the final order of the said town council to be passed 
within three years from the time of the drawing of the last 
class of the said lottery, such money shall be placed in the 



1791.] AND PEOVIDENCE PLANTATIONS. 415 

general treasury ; and in case the said street shall be laid 
out as aforesaid, and the whole of the money shall not be 
expended for the use aforesaid, the residue thereof shall be 
placed in the general treasury; which money so lodged 
shall enure to the use and benefit of the state. Provided 
also that no tickets be o£fered to sale before the first day of 
November next, un]ess the lottery granted for repairing 
Weybosset bridge be sooner completed. And provided 
further that no expense shall accrue to the state in conse- 
quence of the granting of the said petition. 

Upon the petition of a number of the inhabitants of the 
towns of Scituate, Coventry, and Cranston, praying that a 
lottery may be granted to repair the south road leading 
from Providence, through Cranston to Voluntown, in Con-^ 
necticut, which was referred at the last session : 

It is voted and resolved, that a lottery be granted,* to 
raise the sum of five hundred silver dollars, for repairing 
the said road. That Messrs. George TV aterman, of Cranston, 
Harding Harris, of Scituate, and Bernard Mathewson, of 
Coventry, be, and they are, hereby appointed directors 
thereof, and empowered to set forth the same agreeably to 
such scheme as they shall think best ; they giving bond as 
usual. That the money so raised, be appropriated for the 
purpose aforesaid ; and that no expense, in consequence of 
the granting the said lottery, accrue to the state. 

Upon the petition of a number of the inhabitants of the 
county of Providence, praying that a lottery may be granted 
to repair the north road from Providence, through Scituate 
and Foster, to Norwich, in Connecticut, which was referred 
at the last session : 

It is voted and resolved, that a lottery be granted, to raise 
the sum of five hundred silver dollars, for repairing the said 
road. That Col. John Waterman, of Johnston, Messrs. Ste- 
phen Leach and John Manchester, both of Scituate, and 
Captain Benjamin Pry, of Foster, be, and they are, hereby 
appointed directors thereoi^ and empowered to set forth the 



416 RECORDS OF THE STATE OP RHODE ISLAND [FeB., 

same agreeably to such scheme as they shall think best ; 
they giving bond as usual. That the money so raised be 
appropriated for the purpose aforesaid ; and that no expense 
accrue to the state in consequence of the granting said' 
lottery. 

Whereas, Mr. Saniuel Thompson exhibited unto this 
Assembly an account by him charged against the state for 
a boat which was taken into the service upon an intended 
expedition against Rhode Island, under the command of 
General Spencer, and was wrecked. And whereas, the com- 
mittee appointed by the lower house made the following 
report upon the said account^ to wit : 

Report of the Commitee appointed by the General Assenibfy 
to examine the clam of Mr. JSamuel Thompson. 

■ 

We, the subscribers, being appointed to examine and ralue the within mentioned 

boat, beg leave to report, that the said boat was worth eighty-nine real dollars ; and that 

the wreck sold for five dollars, which leaves eighty-four real dollars due to the said 

Samuel Thompson. 

AMOS ATWELL, 

JOSEPH BROWN, 

JONATHAN J. HAZARD, 

Committee. 

And the said report being duly copsidered,— 
It is voted and resolved, that it be accepted ; and that 
three hundred and seventy-eight pounds, in the bills of 
credit emitted by this state, be paid to the said Samuel 
Thompson, out of the general treasury; it being the 
amount of the sum reported to be due, reckoning the 
exchange at fifteen for one. 

Whereas, Mr. John Robinson, of South Kingstown, pre- 
ferred a petition, and represented unto this Assembly, that 
he hath at a very considerable expense built a wharf at 
Point Judith, and almost completed a boat and store, which 
had already proved very useful to the public. That if the 
said wharf be extended thirty or forty feet further into the 
sea, it will afford a safe harbor for coasters, and promote a 



[1791. AND PBOTIDENOE PLANTATIONS. 417 

beneficial intercourse between the country and the iown of 
Newport; but that the expense thereof will prove too great 
to him without some public assistance. And whereas, a 
•number of respectable persons, conceiving that if the said 
petition be granted, it will be of great public advantage, 
did join in the prayer thereof On duly considering the 
premises,-cr- 

It is voted and resolved, that the prayer of the said peti- 
tion be granted. That the Honorable Samuel J. Potter, Esq., 
Rowland Brown, Esq., and Messrs. John B. Dockray, Joshua 
Perry and Samuel Helme, or any three of them, be ap- 
pointed directors of the said lottery, and empowered to set 
forth the same agreeably to such scheme or plan as they 
shall think best ; they giving bond in the usual manner. 
That the money so raised be appropriated for the said pur- 
pose ; and that no expense arise to the state in consequence 
of the said lottery. 

It is voted and resolved, that Col. Jeremiah Olney, and 
Col. John S. Dexter, be, and they are, hereby appointed a 
committee to examine and report upon all claims of invalid 
soldiers belonging to this state, in consequence of wounds 
received in the public service during the late war. And 
that all persons having such claims, exhibit them to the said 
committee accordingly. 

Whereas, it is represented unto this Assembly, that Mr. 
Lodowick Updike, tendered unto Miss Elizabeth Cole and 
Miss Abigail Cole, three hundred pounds, paper money 
which was refused; and after deducting the costs and 
charges was lodged in the general treasury, agreeably to 
law, by Sylvester Gardner, Esq., then a justice of the Court 
of Common Pleas for the county of Washington. And 
whereas, it is also represented, that Mr. Jonathan lillibridge 
tendered unto Mrs. Mercy Eldred, twenty-five pounds thir- 
teen shillings, like money, which was refused ; and after 
deducting the costs and charges was lodged in the general 
treasury, agreeably to law^ by Robert Stanton, Esq., then a 

TOL. X. 68 



418 RECORDS OF THE STATE OF RHODE ISLAND [FeB.^ 

justice^ of the court aforesaid. And whereas^ it appears 
unto this Assembly^ that the debts in discharge whereof 
the said tenders were made have been since otherwise 
discharged to the satisfaction of the creditors. 

It is therefore, at the request of the said Lodowick Up- 
dike and Jonathan Lillibridge, — 

Voted and resolved, that the general treasurer be, and 
he is, hereby directed to return to the said Lodowick Updike 
and Jonathan Lillibridge, the sums of them respectively 
received in the general treasury as aforesaid ; taking receipts 
therefore. 

Whereas, from the distance of the attorney general's resi- 
dence from the principal shire towns in the state, his ad- 
vice upon important questions, which interest the state, is 
often with difficulty to be obtained so soon as is useful to 
the community : — 

It is therefore voted and resolved, that William Channing, 
Esq., be, and he is, hereby appointed to assist the said attor- 
ney general, in all matters which concern the state during 
the time of the attorney general's present appointment 

It is voted and resolved, that the petition of the council of 
the Narragansett tribe of Indians, respecting a lot upon Mea- 
dow Brook, belonging to the said tribe, which the heirs of 
their late sachem Thomas Ninigret are about to sell ; and 
that they have been atA great expense in building a dam for 
a saw mill, and are ready to rebuild said mill ; and praying 
this Assembly to cause justice to be done to them, be referred 
to Joseph Noyes, Walter White and Rowland Brown, Esqs., 
who are requested to make enquiry respecting the circum- 
stances of the said lot, and to report thereon as soon as may 
be ; and that no sale of the said land be made in the mean- 
time. 

It is voted and resolved, that Sylvester Robinson, Esq., 
one of the justices of the Superior Court, etc., be, and he is, 
hereby empowered to draw five hundred pounds in the bills 
of credit emitted by this state, out of the general treasury, 



1791.] AND PROVIDENCE PLANTATIONS. 419 

to defray the expenses of apprehending persons charged 
with forgery and other high crimes and misdemeanors ; and 
that he account for the same. 

Whereas, a number of respectable inhabitants preferred 
a petition^ and represented unto this Assembly, that Samuel 
Knowles, late of Richmond, who is under sentence of banish- 
ment for joining the British garrison at Newport, in the 
time of the late war, is very desirous of being restored to 
his country and former privileges ; and that they are of 
opinion, in case he should be restored, he will prove a use- 
ful and peaceable citizen ; and thereupon prayed this Assem- 
bly to grant him au act of pardon and indemnity, and to 
restore hiip to citizenship. And the said petition being 
duly considered, — 

It is voted and resolved, that the prayer thereof be 
granted ; and that the said Samuel Knowles be permitted 
to return to this state, and to enjoy all the rights, privileges, 
and immunities of a citizen thereof, as though he had never 
been banished. 

It is voted and resolved, that the general treasurer be, 
and he is, hereby directed to issue no more notes payable 
out of the state treasury, until further orders froni this 
Assembly. 

It is voted and resolved, that Mr. Bennett Wheeler be 
allowed and paid out of the general 'treasury one thousand 
eight hundred pounds, in bills of credit emitted by this state, 
being the value of one hundred and twenty pounds in spe- 
cie, on account ; and that George Champlin and Eobert N. 
Auchmuty, Esqs., be, and they are, hereby appointed a com- 
mittee, to examine the account of the said Bennett Whee- 
ler, and requested to make report thereon to this Assembly 
at the next session. 

It is voted and resolved, that three hundred and twenty- 
six pounds five shillings, in the bills of credit of this state, 
be allowed and paid out of the general treasury to Beriah 
Brown, Esq., sheriff of the county of Washington ; in full 



420 REOOBDS OF THE STATE OF RHODE ISLAND [FeB«, 

(reckoning the exchange at fifteen for one) of his account, 
amounting to twenty pounds seventeen shillings and six* 
pence real money) for attendance upon the general Assembly, 
the convention, the courts in the said county, for delivering 
schedules, acts of Assembly, proclamations, commissions, etc., 
to the several officers in the said county, etc. 

It is voted and resolved, that the claim of Ezekiel Cor- 
nell, Esq., for the depreciation of his pay as brigadier gene- 
ral of this state's troops, be submitted to Esek Hopkins and 
Benjamin Bourn, Esqs., and that they make report to this 
Assembly at the next session. 

Whereas, the following report was presented unto this 
Assembly, to wit : 

Bepart of the Cammitiee appointed by the General Assembly 

upon Confiscaied Estates. 

To the Honorable the General Assemblj : 

We, the Bnbscribers, a committee appointed bj this Honorable Assembly, at tiie 
session in September, A. D. 1787, " to enquire into and make a thorough luTestiga- 
tion of all the money that hath been received by the committees who have sold the 
confiscated estates, and other money belonging to the state, and to report to this 
Assembly at their next session ;" to apologise for the seeming delay of this report, beg 
leare to mention, that the papers relating to this business were some time with the 
late Joseph Tweedy, deceased, who was the chairman of the committee ; and proba- 
bly being early in the appointment affected with that indisposition which terminated 
his existence, but little progress^ras made ; and since the addition to the committee, 
further information hath been wished, and sought after, ft-om the various offices in the 
state, which was necessarily attended with delay. Nor hath our information always 
been so clear and applicable as could be wished, owing perhaps to the war, from 
whence these transactions resulted, during which, civil transactions are seldom done 
and recorded with that accuracy as in time of peace. 

For the performance of a large portion of that part of our duty, which we understand 
to be meant by " other money belonging to the state," we were obliged to examine and 
peruse the schedules, where it stands promiscuously blended with all the acts of govern- 
ment for fourteen years. To make our work as concise and intelligible as possible, we 
have given it the form of an account. On the debit side of which is placed all sums of 
money, and every article of proper^ that hath been vested in the hands of individu- 
als or committees, by order of and for the use of government In opposition to which, 
on the credit side, are placed such money, or articles of property, as have been paid 
or applied to the use of government, by its agent or trustee. But we think it very 
probable, in a statement made from materials so extensive and various as the acts of 
Assembly for ten or fifteen years, that sometimes the same article or sum may be 
twice charged to the individual, and sometimes the credit may be omitted for an arti- 



1791.] 



AND PBOVIDENGB PLANTATIONS. 421 



de or snm that bath actually been returned or paid. But this can no fbrtber injure 
the party, than by making it expedient for him to produce to such person or persons 
as your Honors may appoint a proper voucher of such payment, whereby the blank 
may be filled to the justice and satisfaction of the party. We are farther apprehen- 
sire, that in some cases, money or effects may have been ordered into the hands of an 
indiyidual, and afterwards into the hands of a second, and the transfer not noted by 
ua; in which case it will be necessary for the original trustee to produce such order 
and receipt, which will fill the blank of his credit, and effect his discharge in this 
account In this statement, certain individuals are charged with public property, who 
fktmi our knowledge of their characters, we are persuaded are not indebted to govern- 
ment ; but it appeared by the schedules they had received public property, and we 
could not find any discharge, wherefore their credit was left blank. Even in the case 
of seizures and forfeitures, which seemed to lie within the smallest compass, and 
promised the fairest to be fully understood, we can determine nothing, as no account 
of the sales of this property can be had. Th6 state of the effects in the hands of 
individuals and committees is equally uncertain, as their value, quantity or number is 
seldom expressed. 

With respect to outstanding judgments in favor of government, resulting from loans 
of old tenor, it appears by certificates firom the clerks of the counties of Newport and 
Kent, that nearly three thousand dollars are due to government in those two counties 
only ; besides lands to a large amount; but even this business oncereduced to system, 
and conducted with the greatest clearness, to say the least, is dow become, as we are 
informed by Thomas Bumreili, Esq., the keeper of the grand committee's office, 
complicated, and requires the greatest attention to clear it ; owing to the death of 
officers and servants of the public who seldom leave their business so happily ordered 
as that their survivors or successors can understand it as well as themselves. Which 
makes it expedient on the part of government^ that this business relating to loans, 
should be settled without loss of time ; as the evidence of those public debts, and the 
security for their payment, are every day becoming less. 

When we consider the imperfection of this statement, for want of information which 
we could not obtain, we present it with the greatest diffidence. But however errone- 
ous this work, we flatter ourselves tiiat it may be so far useful, as to excite those 
whose long acquaintance with public business enables them to point out and correct 
its errors, and make it what the public wishes and is entitled to, that is a perfect 
statement of the public money in the hands of individuals. But when we consider 
the large sums of money due to government for twenty or thirty years, an attempt to 
settle and clear so large and old an account, although it be not at once completed 
perhaps may not be thought altogether useless and unprofitable. 

Since our arrival in East Greenwich, we have examined the account of outsanding 
judgments in the county of Washington, by which it appears that there are dae to the 
public, about four hundred and seventy-two pounds, lawful money, for the security of 
which four thousand acres of land are mortgaged. The accounts of the outstanding 
judgments in the counties of Providence and Bristol are yet wanting. There appears 
likewise a number of estates to have been bid off at vendue by. the former keeper of 
the grand committee's office, in behalf of government, which are still in the hands of 
individuals ; as likewise some estates bid off by individuals, which have not yet been 
applied to the public credit or use. 

All of which is submitted by 

JAMES SHELDON, 
THOMAS PECKHAM, 

Committee. 

And the said report being duly considered, — 



422 REcq^Ds.OF the state of ehode island [Feb., 

It is voted and resolved, that it be/ and hereby is, accepted. 
And that the same committee be continued for perfecting 
the said business, with the addition of Thomas Rum- 
reil, Esq. 

It is voted and resolved, that all business pending before 
this Assembly unfinished, be, and the same is, hereby referred 
to the next session ; and that this Assembly be, and hereby 
is, adjourned unto the Tuesday next preceding the first 
Wednesday in May next, to meet at the state house in 
Newport. 

God save the United States of America ! 



Letter from Thofnas Jefferson to the Governor of Rhode Island. 

Philadelphia, February 17th, 1791. 

Sir : — I have the honor to send you herein enclosed two copies duly authenticated 

of an act, declaring the consent of Congress that a new state be formed within the 

jurisdiction of the Commonwealth of Virginia, and admitted into the Union by the 

name of the state of Kentucky ; also of an act declaring the c()nBent of Congress to 

a certain act of the state of Maryland ; also of an act making appropriations for the 

support of government during the year one thousand seven hundred and ninet^'-one^ 

and for other purposes ; and of being with sentiments of the most perfect respect. 

Tour Excellency's most obedient and humble servant, 

THOMAS JEFFERSON. 
To the Governor of Bhode Island. 



Letter from Senators Stanton and Foster to His ExceUemy the 

Governor of Rhode Island. 

Philadelphia, Thursday, February 17th> 1791. 
Sir : — We had the honor to address you, in August last, in a letter from the city of 
New York. We then mentioned that we conceived it to be our duty to communicate 
from time to time, to the legislature of the state which we have the honor to represent 
in Congress, such information as our sitsation here would enable us to obtain, respect- 
ing the general arrangements of the National Government, especially those more imme 
diately interesting to the citizens of our own state. Pursuant to what we then proposed 
we now give a general sketch of the most iraporfant matters which have claimed the 
attention of Congress, at the present session, and of the measures that have, been 
adopted, which in their operation may extend their influence perceptibly through all 
the states of the Union. 



1791.] AND PROVIDENCE PLANTATIONS. 423 

Neither of us wm present so early in this session as we wished, owing to the sever- 
ity of the weather about the beginning of December, which prevented the sailing of 
the vessels, in which we respectively intended to take our passages to New York, on 
oar way to Philadelphia, where we arrived about the middle of the month. We had 
not the satisfaction of hearing the President's address to the two houses at the opening 
of the session. But as it was published in the newspapers we in common with our 
fellow citizens have had the advantage of the information it contains, and have partici- 
pated in the pleasure it has excited by that spirit of patriotism which it breathes. 
This speech recommended to the attention of Congress the following important 
matters: 

1. Such an encouragement of our own navigation as would render our commerce and 
agriculture less dependent on foreign bottoms, by such arrangements in our fisheries 
and the transportation of our own produce, as would effectually guar(l us in this respect* 

2. The adoption of proper measures for the relief and protection of the trade to 
the Mediterranean. 

8. The improvement of the judiciary system of the United States. 

4. The establishment of proper laws and regulations relative to the jurisdiction 
and duties of consuls, in foreign countries, and the requisite provisions for carrying 
into effect the consular convention between the United States and his most christian 
Mi^esty. 

6. The establishment of a national militia. 

6. The establishment of a national mint. 

7. The establishment of standards of weights and measures. 

8. The establisment of the post office and post roads. 

9. The establishment of such further provisions of revenue as should be commien- 
snrate with the objects for which the public &ith were pledged. 

10. The diminuition of the principal of the public debt, as fast as the growing 
resources of our country will permit, and the appropriation of the western lands for 
this purpose. 

All these matters, with others very interesting, have been under the serious delibe. 
ration of Congress. But in a country so extensive as that of the United States, it 
requires some time to mature and establish those great national systematical arrange- 
ments, on the due order, connexion and harmony, of which in their complicated ope- 
rations, depends the tranquility, happiness and prosperity of our country. 

Different laws, customs, and habits of thinking, have heretofore prevailed in the 
states, which now constitute the American nation. It is not strange, therefore, that in 
forming, digesting, and bringing to perfection those systems of police, which are to 
pervade the empire and to extend to every individual citizen, some difference of 
sentiment should prevail. This, together with the complicated intricacy and difficulties 
attending some of the matters mentioned in the President's speech, will probably ope- 
rate to postpone a part of the measures that have been in contemplation, and which 
many of our fellow citizens hoped would have been completed at the present session. 
It is not however to be inferred from hence, that the counsels of the nation are jar- 
ring and discordant, or that what is really for the benefit of the nation at large, will 
not probably finally prevail.' On the contrary, so &r as we have been able to 
observe, a solicitous and patriotic zeal for the real welfiire of our country, seems 
to actuate a great migority of both houses of Congress. The tranquility of the 
public mind and the general wel&re of the community greatly depend on the gen- 
eral opinion entertained of the Constitution and administration of the Govern- 
ment ; and we are happy in being able to inform your Excellency and both houses 
of the Honorable the Legislature, that firom intelligence received from every part 
of the nation, the fears and anxieties of the people are dissipating, saving the appear- 



424 RECORDS OF THE STATE OP RHODE ISLAND [FeB., 

ance of some uneasiness in two of the soathem states, and instead of them, mti- 
tual conOdence, the animating love of our country, and an attachment to the 
national Constitution are everywhere increasing. As a proof of this, we need only 
mention that the important, extensive and populous states of Kentucky in the sottfft, 
and of Vermont in the norfA, have at the almost unanimous request of their re- 
spective inhabitants, been admitted as distinct and separate members of the national 
Union, at the present session, being an accession to the General Gorernment of a 
great extent of territory, and of about two hundred thousand inhabitants. An even, 
which establishes throughout the United States a Constitution of Government by the 
free and voluntary consent of the conventions of the people, making the present year 
a memorable era in the history of our country, by increasing the number of the states 
from thirteen to fifteen, with the utmost harmony and good will of all parties concerned ; 
on which event we cannot refrain from most cordially and sincerely congratulating 
your Excellency and both houses of the Legislature. 

The confidence of the nation at large in the secretary of the treasury is deservedly 
great Possessed of a contemplative, comprehensive, energetic, independent mind, he 
unites the strictest integrity to the most indefagitable induistry, which on all occasions 
he incessantiy applies to the service of the public. • Prudent, active yet deliberate, 
studious, firm and candid, he may be said to inyigorate the whole fiscal system of our 
country. Ability, foresight, decision, and a comprehensive view of the remotest con- 
sequences, are so conspicuous in all his reports respecting the finances and national 
arrangements, which he recommends that they seem generally to carry conviction aa 
they go. With a fertile invention, added to real science and patriotic views, he has 
the talent of bringing his information into action, with that perspicuity, method and 
forcibleness of reasoning, that his country generally acquiesces in the propriety of the 
measures he recommends. It is therefore not to be admired at, that the plan of a 
Natiinud Bank, as recommended by him, in his report of the 13th of December last, 
(a copy of which is herewith enclosed) should for the reasons therein given be adopted, 
especially when its immediate usefulness is so conspicuous, in the revenue systems of 
our country, and in the collection and payment of the public moneys in every part of 
the nation, merely by the transfers of paper by the post office, without the risk and 
expense of transporting specie. Serving also greatiy to facilitate that most desirable 
of political objects, the speedy reduction of the National Debt, by afibrdiog the meant 
of accomplishing it, in the purchase of the principal itself, fh>m the profits arising 
from the operations of the Bank, to two-fifths whereof the government will be entitied 
if they keep as it proposed, that proportion of the stock in circulation. Thus by a 
double operation of the same means, fitdlitating the commercial intercourse, binding 
and weaving together the various interests of the dififerent parts of the Union, at the 
same time that it imperceptibly diminishes with the consent of the proprietors, that 
bane of all free communities, a burthensome public debt. 

It must be pleasing to the people of our state, to be informed that a great minority, 
BO far as we can judge, of the present members, and those who are elected to serve in 
the next Congress are strongly opposed in principle, to levying direct taxes, or land 
taxes, under the authority of Congress, and that there is no probability that those 
kinds of taxes will be resorted to by the general government, unless some great and 
unexpected emergency in the aflkirs of our country should require it, and it should be 
the general sense of the nation that such taxes should in such cases be collected. 

The Secretary of the Treasury maintains the same sentiments in the before men- 
tioned report, where he observes that " duties upon articles of consumption are pre- 
ferable to taxes on houses and lands, — because it is very desirable to reserve this Aind 
fat olgects and occasions which will more immediately interest the sensibility of the 
whole community, and more directiy afiect the public safety." Observing ftirther. 



[1791. AND PROVIDENCE PLANTATIONS. 425 

" that 80 capital a resource remaining untouched will hnwe a very material influence in 
&Tor 6f public credit, in respect to external danger, and will really operate as a powerful 
guarantee of peace. That in proportion as the estimation of our resources is exalted in 
the eyes of foreign nations, their respect for us must increase—and that this must get 
a proportionable caution neither to insult or injure us with levity. While, on the con- 
trary, the appearance of exhausted resources, which, (says he,) would perhaps be a 
consequence of mortgaging the revenue to be derived from lands for the hiterest of the 
public debt, might tend to invite both insult and injury by inspiring an opinion that 
our efibrts to resent or repel them were little to be dreaded." 

The establishment of a national militia is certainly an object of fir<^at importance. 
It has engaged much of the attention of Congress at the present session. But as it is, 
perhaps, as all others, one of the most difficult matters of legislation, applying itself 
home to the interest and to the feelings of every individual, and as different States 
have pursued different systemi, and it is necessary that the general consent and ac- 
quiescence of the body of the people should be obtained as much as may be, and their 
feelings reconciled to the measures of government, in a matter so interesting, nothing 
has as yet been finally established, and as the end of the session is now fast approach- 
ing, it is somewhat uncertain whether this, ampng other important matters, will not be 
postponed to the next session of Congress. 

Was it not for the probability of an Indian war, the general prospect of our internal 
natianal affiiirs would be favorable. Our credit and respectability as a people is rising 
with rapidity at home and abroad. The revenues have been productive beyond the 
calculations by which they were regulated, and have been paid with a punctuality 
which does honor to that part of the community, through whose immediate agency 
they are raised. Every merchant may with propriety be considered as a collector of 
the public revenue, and wlieb by his ingenuity, his enterprise,' his industry, and his 
integrity, he is instrumental in promoting the general commerce of his country, and 
when with fidelity and punctuality he pays the duties due from his agency, though he 
may charge the amount, as he ought to do, with the usual commission for collection, 
to his customers, he deserves the esteem and even the thanks of his country, because 
he acts the part of patriotism and honor. On the other hand the person who would 
defraud the public of the duties due from him, and which are charged and collected by 
the enhanced prices of the dutied articles, merits the execrations and the contempt of 
every friend, to the happiness, tranquility and prosperity of the nation. It is happy 
for the United States that we hare so much reason to think that at present there are 
but few, comparatively speaking, of this infamous description, within their territories. 

The Ute expedition against the Indians was very unfortunate. We hare to lament 
the loss of a number of our worthy fellow-citizens who have fiillen. We owe them 
the grateful regard due to the memory of those who die in their country's service. 
Due enquiry will be made respecting the conduct of this unfortunate expedition. It 
is probable that it is the opening door to other scenes. But as we cannot recall 
the time that is past, so neither can we help what has takea place. The western 
frontier is the mUnerable part of our political body. It is the part at preaent most ex- 
posed, and we must endeavor to protect and defend it from being more deeply wound- 
ed. Duty, prudence and policy require it as naturally as for a man to defisnd and pre- 
serve if possible a wounded limb. Neglect in either case would be equally folly. It 
is calculated that more than serenty thousand people have emigrated from New Eng- 
land since the beginning of the year 1786, who have gone westward and southward. 
The population of New England is rapidly increasing notwithstanding. In this way 
the language, the manners, the laws, the customs and the affinities of the nartk are 
transfiiaed and mingled with that of the south, promoting and extending intercourse of 
eTeiy kind — and perhaps there is nothing which has a greater tendency to cement, 

VOL. X. 54 



426 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

biDd and unite the nation than the emiflrration of the txtra population of the north, and 
their settlement in the sonth. Already many of oar acquaintance, or friends, our 
brethren and kindred, have settled upon lands in the western country, conveyed to 
them by the United States, the Indian title to which has been purchased and extin- 
guished. We are, therefore, under the strong ties of honor and national policy to de- 
ibnd and protect them. We have been led to make these observations because many 
of our worthf fellow-citizens have beheld with regret the emigration from New Eng- 
land, and may feel some reluctance at the expenditure of the public moneys for the 
defence of the new settlements. 

We herewith forward for the information of your Excellency and the two Houses 
of the Legislature, copies of three reports of the Secretary of the Treasury, one on the 
subject of the National Bank, one on the New Revenue System, and the other on the 
subject of a National Mint, and also a report of the Secretary of State on the subject 
of the Cod and Whale Fisheries. 

With the most ardent desire faithfully to discharge the duties of our trust, and wish- 
ing your Excellency and every member of the Legislature, and the State at large 
peace, prosperity and happiness in every possible form, we are with great esteem and 
respect. Your Excellency's most obedient humble servants, 

JOSEPH STANTON, JR. 
THEODORE FOSTER. 



Proceedings of the General Assembly of the Stale of Rhode 
Island and Providence PlantutionSy at Newport, on tlie first 
Wednesday in May, 1791. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor. 

assistants. 
Thomas G. Hazard, Esq., Thomas Hoxsie, Esq., 
Peleg Arnold, Esq., Job Watson, Esq., 

James Arnold, Esq., James Congdon, Esq., 

Caleb Arnold, Esq., Thomas Holden, Esq., 

John Cooke, ^sq., John Harris, Esq. 

DUPDTIES. 

Newport. John Topham, Esq. 
George Champlin, Esq., Providence. 

Mr. Peleg Clarke, Welcome Arnold, Esq., 

Mr. Francis Brinley, Amos Atwell, Esq., 

Robert N. Auchmuty, Esq., Mr. Samuel Nightingale, 

Mr. Edward Simmons, Mr. Sylvanus Martin. 



1791.] 



AND PBOyiD£NOE PLANTATIONS. 



427 



Portsmouth. 
Abraham Anthony, Jr., Esq., 
Mr. Thomas Potter, 
Mr. Robert Law ton, 
Mr. Henry Lawton. 

Wanoick. 
Mr. Jonathan Gorton, 
Mr. Moses Arnold, 
Anthony Holden, Esq., 
Mr. Benjamin Greene. 

Wester^. 
Walter White, Esq., 
George Stillman, Esq. 

New Shoreham. 
Mr. Edward Hull, 
Mr. John S.ands. 

North Exngdown. 
Daniel Updike, Esq., 
Mr. Benjamin Fowler. 

Sovth Eingsloum. 
Jonathan J. Hazard, Esq., 
Rowland Brown, Esq. 

East GreenmcL 
James Sweet, Esq., 
Benjamin Howland, Esq. 

Jamestown. 
Mr. John Howland, 
Mr. Nicholas Carr. 

Smithfield. 
John Sayles, Esq., 
Mr. Job Aldrich. 

Sdtuaie. 
James Aldrich, Esq., 
Nathaniel Medbury, Esq. 



Ghcester. 
Seth Hunt, Esq., 
Stephen Winsor, Esq. 

OharUdown. 
Gideon Hoxsie, Esq., 
Mr. Robert Coiigdon. 

West Greenwich. 
Jonathan Comstock, Esq., 
William Nichols, Esq. 

Coventry. 
Mr. Benjamin Arnold, 
Job Greene, Esq. 

Exeter. 
Mr. Job Wilcox, 
Mr. Charles Tripp. 

Middletotm. 
Mr. William Peckham, Jr., 
Mr. Nicholas Easton. 

Bristol. 
William Bradford, Esq., 
Mr. Samuel Wardwell. 

Tiverton. 
Thomas Durfee, Esq., 
Abraham Barker, Esq. 

Little Gompton. 
Mr. Philip Taylor, 
John Davis, Esq. 

Warren. 
William Barton, Esq.. 
Mr. Samuel Peirce. 

Oamberland. 
John S. Dexter, Esq., 
Levi Ballou, Esq. 

Richmond. 
James Shelden, Esq., 
Thomas James, Esq. 



428 RECORDS OF THE STATE OP RHODE ISLAND [MaY^ 

Cranston. North Providence. 

George Waterman, Esq., Mr. Edward Smith, 

Peter Stone, Esq. Elisha Brown, Esq. 

Hopkinton, Barrington. 

George Thurston, Esq., Joshua Bicknall, Esq. 

Mr. Oliver Davis. Josiah Humphry, Jr., Esq. 

Johnston. Foster. 

Mr. William Waterman, William Tyler, Esq., 

Mr. Philip Arnold. Daniel Howard, Esq. 

The Hon. William Bradford, Esq., speaker ; Ray Greene, 
Esq., clerk. 

Henry Ward, Esq., secretary. 

William Channing, Esq., attorney general. 

Joseph Clarke, Esq., general treasurer. 

JUSTICES OP THE SUPERIOR COURT. • 

Daniel Owen, Esq., chief; Sylvester Robinson, Esq., second ; 
Walter Cooke, Esq., third ; Ezekiel Gardner, Jr., Esq., fourth ; 
Thomas TiUinghast^ Esq., fifth. 

JUSTICES OP THE COURT OF COMMON PLEAS, FOR NEWPORT COUNTY. 

Thomas Freebody, Esq., chief; Gideon Wanton, Esq., 
seeond ; Oliver Durfee, Esq., third ; Fobes Little, Esq., fourth ; 
William Anthony, Jr., Esq., fifth. 

JUSTICES OF THE COURT OF COMMON PLEAS, FOR PROVIDENCE COUNTY. 

Caleb Harris, Esq., chief; Abraham Mathewson, Esq., 
second ; John Burton, Jr., Esq., third ; Stephen Steere, Esq., 
fourth ; Andrew Harris, Esq., fifth. 

JUSTICES OP THE COURT OF COMMON PLEAS, FOR WASHINGTON COUNTY. 

Freeman Perry, Esq., chief; Robert Pottet, Esq., second ; 
Robert Stanton, Esq., third ; John Allen, Esq., fourth ; Daniel 
Sunderlin, Esq., fifth. 



1791.] AND PROVIDENCE PLANTATIONS. 429 

JUSTICES OP THE COURT OF COBIMON PLEAS, FOR BRISTOL COUNTY. 

Samuel Allen, Esq., chief; Elkanah Humphry, Esq., second ; 
William Barton, Esq., third ; John Howland, Esq., fourth ; 
Peter Church, Esq., fifth. 



JUSTICES OF THE COURT OF COMMON PLEAS, FOR KENT COUNTY. 

Stephen Arnold, Esq., chief; Anthony Low, Esq., second ; 
Isaac Johnson, Esq., third ; Benjamin Johnson, Esq., fourth j 
Stephen Greene, (of East Greenwich) Esq., fifth. 

SHERIFFS OF THE SEVERAL COUNTIES, 

Newport county — William Davis, Esq. 
Providence county — Nehemiah Knight, Esq. 
Washington county — Beriah Brown, Esq. 
Bristol county — ^Richard Smith, Esq. 
Kent county — Jonathan Niles, Esq. 

FIELD OFFICERS FOR THE STATE, IN THE SEVERAL COUNTIES. 

Thomas Holden, Esq., major general of the militia of the 
state. 

John Malbone, Esq., brigadier general of the militia in the 
county of Newport. 

Simeon Thayer, Esq., brigadier general of the militijl in 
the county of Providence. 

George Thurston, Esq., brigadier general of the militia in 
the county of Washingt<m. 

Archibald Casson, Esq., brigadier general of the militia in 
the county of Kent. 

Thomas Arnold, Esq., lieutenant colonel commandant of 
the first regiment of militia in the county of Newport 

John Mawney, Esq., lieutenant colonel commandant of 
the first regiment of militia in the county of Providence. 

George Stillman, Esq., lieutenant colonel commandant of 
the first regiment of militia in the county of Washington. 

i 



430 RECORDS OF THE STATE OF RHODE ISLAND [MaY, 

Allen Johnson, Esq., lieutenant colonel commandant of 
the first regiment of militia in the county of Kent. 

Benjamin Rowland, Esq., lieutenant colonel commandant 
of the second regiment of militia in the county of Newport 

William Aldrich, Esq., lieutenant colonel commandant of 
the second regiment of militia in the county of Providence. 

Joseph Rice, Esq., lieutenant colonel commandant of the 
second regiment of militia in the county of Kent. 

Joseph Knight, Esq., lieutenant colonel commandant of 
the third regiment of militia in the county of Providence. 

Stephen Winsor, Esq., lieutenant colonel commandant of 
tlie fourth regiment of militia in the county of Providence 

Nehemiah Angell, Esq., lieutenant colonel commandant 
of the fifth regiment of militia in the county of Providence. 

Simeon Martin, Esq., adjutant general of the militia of the 
state. 

John Mathewson, Esq., quartermaster general of the 
militia of the state. 

George Waterman, Esq., commissary general of tha 
militia of the state. 

John Gould, Esq., physician and purveyor general of* the 
militia of the state. 

It is voted and resolved, that Welcome Arnold and Amos 
Atwell, Esqs, he, and they are, hereby appointed a committee 
to call on the executors of John Jenckes, Esq., late of 
Providence, deceased, and receive the public papers lodged 
with him in his lifetime, and deposit them in the secretary's 
office, for the use and advantage of the public. 
> It is voted and resolved, that the secretary be, and he is, 
hereby authorized and directed, to deliver to the respective 
proprietors all the certificates and other vouchers for claims 
lodged with him by the commissioners for receiving claims 
against the United States, upon the claimants producing to 
him satisfactory evidence of their property in such certificates 
and vouchers ; and that the secretary keep an account of all 



. ! 



[1791. AND PROVIDENCE PLANTATIONS. 431 

the certificates and vouchers which shall be delivered pur- 
suant to this -resolve, and deduct the amount thereof from 
the whole amount of the claims reported by the aforesaid 
commissioners. 

It is voted and resolved, that the petition presented to this 
Assembly, for dividing the town of Glocester into two towns, 
be referred to the next session ; and that in the mean time 
citations issue to the said town to appear then, if they shall 
think fit, and show cause, if any they have, why the prayer 
thereof should not be granted. 

Whereas, Caleb Church, now a prisoner in the jail in the 
county of Newport, hath been convicted of fraudulently 
procuring certificates from the treasury of this state, the 
property of a soldier in the late army, and also of horse 
stealing, and hath been" sentenced to suffer the penalties of 
the laws, in those cases made and provided, on Friday, the 
thirteenth day of May inst. And whereas, this Assembly is 
informed, that he is further charged witii fprging and passing 
certificates, issued under the authority of the United States 
of America, which offences are -cognizable before the Circuit 
Court of the said United States : It is therefore 

Voted and resolved, that the said sentences against the 
said Caleb be suspended, and the execution Jihereof respited, 
until the farther orders of this assembly ; and that in the 
mean time he remain in said jail. 

Whereas, by an act of the General Assembly of the state 
of Rhode Island and Providence Plantations, held by 
adjournment at Providence, on the last Monday of October, 
1790, entitled, ^ An Act for the better regulating and defining 
the powers of the company of the Redwood Library in the 
town of Newport," it was amongst other things provided, 
that the proprietors 'or members of the said company, in said 
act named* and mentioned, with such others of the proprie- 
tors or members of the said company of the Redwood 
Library, as should within three months from the rising of 
that General Assembly give in his or their name to the 



432 RECORDS OF THE STATE OF RHODE ISLAND [MaT, 

treasurer of said company, and appear either by himself or 
proxy, duly constituted in writing, at the next meeting of 
said company, which should have been held at said Newport, 
in said library building, on the second Monday of February 
then next, should be and they were thereby constituted and 
declared to be the only members and proprietors of said 
company of the Redwood Library ; and all other claims or 
rights should and they were thereby declared to be forfeit, 
to and for the use, benefit and behoof, of said company 
forever: But whereas, through the inclemency of the 
weather, and indisposition of the secretary, the said act, or 
an exemplification thereof, was not procured within time^for 
said proprietors and members of said company to comply 
with the same : Wherefore, 

Be it enacted by the General Assembly, and by the 
authority thereof it is enacted, that the proprietors or 
members of the said company, who were allowed three 
months from the risftig of the Assembly, at that session, to 
give in his or their name to the treasurer of said company, 
shall and they are hereby allowed for that purpose until the 
twelfth day of July next ; and that the first meeting of said 
company, to be holden at said Newport, in said library 
building, shall and may be held on the second day of August 
next ; any thing in said act before mentioned to the contrary 
notwithstanding. 

It is voted and resolved, that Messrs. Benjamin Greene, 
Samuel Nightingale and George Sears, be, and they are, 
hereby appointed a committee, to audit the accounts of His 
Excellency John Collins, as late Governor of the state, and 
as collector of light money ; also the account of the Hon. 
Daniel Owen, as late deputy Governor of the state ; and also 
the accounts of all other the late officers for collecting light 
money in the state ; and that they make repcfrt to this 
Assembly at the next session. 



1791.] AND PROVIDENCE PLANTATIONS. 433 

V 

An Act a|q[)oiQtiog oommissioners, on the part of this state, for ascertainiog the hound- 
arjr line between this state and the Common wealth of Massachusetts. 

Whereas, difficnlties and disputes have arisen, respecting the boundaiy line between 
this state and the Commonwealth of Massachusetts : To preyent which in Aiture, and 
to promote harmony and afiection between the citizens of this state and such Common- 
wealth: 

Be it enacted by this General Assembly and bj the authority thereof it is enacted, 
that the Hon. William Bradford, and Jabez Bowen, Esq., and Mr. Moses Brown, be, 
and they are, hereby appointed commissioners, on the part of this state, for ascertaining 
the boundary line between the same and such the said Commonwealth of Massachu- 
setts : And the said commissioners are hereby authorized and empowered to meet 
smch commissioners as have been appointed and vested with similar powers for the 
above purpose by the legislature of the Commonwealth of Massachusetts, and in con« 
junction with them to ascertain, run and mark, such boundary line upon the principles 
that have heretofore been agreed upon by commissioners from Great Britain, or by the 
respective legislatures of the late Province of Massachusetts Bay, and the Colopy of 
Bhode Island and Providence Plantations, for that purpose appointed, if those principles 
can now be ascertalhed ; otherwise the commissioners on the part of this state, hereby 
appointed, are authorized and empowered to agree upon such prindples, touching the 
running said line, as from the best documents they can obtain may appear to them just 
and reasonable : Which line, when so ascertained, shall forever afterwards be consid- 
ered and held to be the true and just boundary line of jurisdiction between this state 
and the Commonwealth aforesaid. 

And be it enacted by the authority aforesaid, that such the commissioners on the part 
of this state, hereby appointed, be, and they are, hereby authorized to employ such 
surveyors and chainmen as they may think proper to assist in ascertaining the same 
ine as aforesaid. And such commissioners so appointed, prior to their entering into the 
business herein assigned them, shall receive a commission from the Gk>vemor, under 
the seal of this state, agreeable to the powers with which they are vested in and by 
this act. ^ 

Whereajs^ this Assembly hath received information that 
certain certificates o.r notes have been fraudulently procured 
from the general treasurer of this state, in payment of divers 
sams of money due to the soldiers of the late army^ in 
consequence of forged letters of attorney or orders, purport- 
ing to have been made by the soldiers to whom the same 
were due : Wherefore, 

It is voted and resolved, that Henry Sherburne, Esq., be, 
and he is, hereby appointed to procure, from the general 
treasurer, a description of the said notes, fraudulently ob- 
tained as aforesaid : That he deliver a copy thereof to Jabez 
Bowen, Esq., the Continental commissioner of the loan office 
within this state ; and that he make report to this Assembly 
at the next session, to the end that such further measures 

VOL. X. 55 



434 RECORDS OFTHE STATE OF RHODE ISLAND [MaY, 

may be taken as may prevent any injury to the state, or to 
the soldiers, or their legal representatives, to whom the said 
moneys were due and payable. 

And it is further voted and resolved, that the said com- 
missioner be, and he is, hereby requested to detain such of 
the said certificates or notes as may be presented to him for 
payment in his office; and not to admit the possessors 
thereof to subscribe to the proposed loan, agreeably to the 
laws of the United States in such case made and provided, 
until such further order shall be had thereon as may consist 
with the principles of equity and justice. 

An Act relatire to the arrearages of paj' due ttom the United States to the officers and 
soldiers of the regiments lately commanded by the colonels EUioU, Crary and Top- 
ham, raised by this state, for the general defence in the late war with Great Britain. 

Whereas, pursuant to recommendations of Cong^ss, passed during the late war with 
Great Britain, three regiments of troops were raised by this state for the general de- 
fence, commanded by the colonels Elliott, Crary and Topham ; and for ascertaining the 
balances due to the officers and soldiers of those regiments for the depreciation of their 
wages, a committee was appointed by the legislature of this state, who made report to 
the General Assembly, at the session in November, A. D. 1786, that there were due to 
the said officers and soldiers, on account of the depreciation of their wages whi'e in the 
aeryice of the public, the following sums, to wit : To those of Col. Elliott's regiment, 
the sum of twenty thousand eight hundred and twenty-one pounds nineteen shillings 
and flyepence, lawful money ; to those of Col. Crary 's regiment, the sum of twenty 
thousand nine hundred and thirty-one pounds eight shillings and tenpence . and to those 
of Col. Topham 's regiment, the sum of twenty-two thousand eight hundred and two 
pounds nineteen shillings and sevcnpence, agreeably to the separate account of each 
officer and soldier, which accompanied tlie said report, which was accepted and allowed 
as thereon expressed, and as the said session of Assembly in November, A. D. 1785 : — 
And whereas the services of the said officers and soldiers were performed for the United 
States, pursuant to the said recommendations of Congress, and acts passed by the legis- 
lature of this state, and no provision hath as yet been made by the United States for 
payment of the said balances ; and payment for what remains in arrear, for the depre- 
ciation of the wages of the said officers and soldiers as aforesaid, ought to be made by 
the United States : 

Be it therefore enacted by this General Assembly and by the authority thereof it is 
hereby enacted, that the commissioners of this state, for settling the accounts of this 
state with the United States, be, and they hereby are, directed to charge the amount of 
the said balances, with the interest accruing thereon, from the time the same became 
due, in the account of this state against the United States ; similar charges having 
been made by other states against the Union ; and that said commissioners be, and tliey 
hereby are, directed to use their best endeavors to obtain the same to be allowed, for 
the benefit of the several individuals of tlie said regiment to whom the same is or shall 
be due. 

And be it further enacted, that provided, and on condition, that in the final settle- 
ment of the accounts of this state with the United States, the whole amount of what 



1791.] 



AND PBOVIPEIICE PLANTATIONS. 435 



18 doe for the said balances, with the interest accruing thereon as aforesaid, shall be 
allowed by the United States for tlie benefit of the said indiTiduals respectiyely, and 
shall be credited accordingly ; and shall also be assumed to be paid for the benefit of 
said indiTiduals by the United States as a part of the debt of the United States, in the 
same manner as the other undischarged securities of this state are to be assumed and 
ftmded, pursuant to an act of the Congress of the United States, passed at their session 
held at New York, in the year of our Lord 1790, entitled, *' An Act making farther 
provision for the payment of the debts of the United States," and in the same manner 
as if the said individuals had been possessed of the notes of this state undischarged 
ihereflh*, dated before the year of our Lord 1788; that thereupon and immediately after 
such assumption and funding of the amount of said balances, in fkvor of the several 
individuals to whom the same is due as aforesaid, and not before, the general treasurer 
of this state be, and he is, hereby directed, on the application of the said officers and 
men. or their lawful agents or attorneys, or theu- lawfol representatives, to issue his note 
or notes to them respectively, for the amount respectively due to them as aforesaid. — 
Provided nevertheless, that no more or greater interest shall be allowed and paid by 
this state, on any of the said securities, than shall be allowed and paid by the United 
States, and assumed and fonded by them as aforesaid : Provided also, that the said 
notes shall be payable in the same manner, and no otherwise, than as the amount of the 
said bftlances shall be payable by the United States to this state, and not to be payable 
by this state until paid to this state by the United States : And provided also, that if 
the United States shall grant their securities to the said individuals for their said 
respective balances, or otherwise shall make provision for payment of the same, in 
such case no notes shall be issued by the general treasurer of this state for the said 
nalances : It being the meaning and intention of this Assembly, in passing this act, 
only to declare their opinion of the justice and propriety of the said balances being 
paid by the United States, as a part of the debt of the United States, and their being 
willing, as the agent of the public, to complete the settlement of what is due to the 
said officers and soldiers for their arrearages of pay as aforesaid ; but in no manner 
whatever to make the most remote engagement for paying the said balances, or any 
part thereof, out of the general treasury of this state, unless the same shall be assumed, 
provided for, and paid to this state, for the use of the said officers and soldiers as afbre- 
said. 

It is voted and resolved, that all business lying before this 
Assembly unfinished, be, and the same is, hereby referred to 
the next session. 

God save the United States of America. 



• 



436 RECORDS OF TH£ STATE OF RHODE ISLAND [JUNB^ 



Proceedings of the ijfene?*al Assembly of the State of Rhode 
Island and Providence Plantations^ . at Newport^ on the last 
Monday in June, 1791. 

His Excellency Arthur Fenner, Governor. 
The Hon. Samuel J. Potter, Deputy Governor, 

It is voted and resolved, that it shall in future be the duty 
of the sheriflF of the county of Providence to attend the 
celebration of the Commencement of the University or 
College in this state annually, and to preserve the civil peace, 
good order and decorum during the same. 

It is voted and resolved, that two pounds two shillings, 
specie, be allowed to Mr. Noel Taber ; it being the amount 
of a certificate of wages due to him, as one of the militia 
who did duty on Rhode Island, in June and July, A. D. 1781, 
which hath not been paid ; and that the same be paid him, 
out of general treasury, in specie,* or in the bills of credit 
emitted by this state at the established rate of exchange. 

An Act in addition to an act entitled *' An Act to incorporate certain persons by the 
name of the Proridence Society for promoting the abolition of slavery, &c./' made 
and passed at the session of this Assembly, held in June, A, D. 1790. 

Whereas some doubts hare aris'en, whether the povers given in the said charter are 
sufficient for the purpose of bringing actions upon the statutes of this state relating to 
slayery, or the slave trade : therefore, — 

Be it enacted by this Oeneral Assembly, and by the authority thereof it is enacted, 
that the said society, in their corporate capiacity, be, and they are, hereby authorized 
and empowered, to bring forward, in the name of their treasurer for the time beiiig, 
any suit, action, plaint, or information, before any justice, judge, or court within this 
state, upon any law or penal statute relative to the subject of slavery, or the slave trade; 
and in every respect as Mly authorized to carry into execution any or all such laws at 
any individual complainant or private person could or might do, to all intents and 
purposes whatsoever : Any law, custom or usage to the contrary in anywise notwith- 
standing. 

An Act to incorporate certain persons by the name of the 
Liberal School Society in the town of Wan*en, in the 
county of Bristol, in this state. 

[For charter at length see printed Schedule.] 



1791.] . AND PROVIDENCE PLANTATIONS. 437 

i 

It is voted and resolved, that Henry Sherburne, Esq., be^ 
and he is, hereby appointed a commissioner, in the place of 
John S. Dexter, Esq., who hath resigned, to proceed to Phila- 
delphia, and with Jonathan J. Hazard, Esq., to settle and 
adjust the accounts of this state with the United States, 
agreeably to the powers given Ihe commissioners by the act 
of this Assembly passed at October session last : That the 
said Henry Sherburne examine the secretary's office, to see 
if any charges which ought to have been made against the 
United States are omitted in our accounts : And that he be 
requested to inform, the said Jonathan J. Hazard of his the 
said Henry Sherburne's appointment, and of his expectation 
to join him soon to execute their commissions ; and to desire 
him to transmit as speedily as possible the objections of the 
commissioners to the accounts of this state, that every proper 
measure may be taken to obviate them. 

It is voted and resolved, that James Fenner and Samuel 
Eddy, Esqs., be, and they are, hereby appointed a committee 
to examine the grants that have been made out of the 
general tresuiury, for apprehending, committing, examining 
and supporting all criminals who have been committed since 
the first day of December last, and ascertain what part 
thereof ought to be paid by the United States : That they 
forthwith procure and deliver to the marshal of Rhode Island 
district copies of all accounts paid by this state, on account 
of such criminal prosecutions, which are properly chargeable 
to the said United States, that the same may be taxed and 
recovered from the said United States, agreeably to the laws 
of Congress in such case made and provided. 

Upon the petition of Col. Jeremiah Olney and Capt. 
Thomas Hughes, agents for the late proprietors of the 
AnaquacutjFarm (so called) in Tiverton, which was set off 
to the officers and soldiers of the late Continental battalion, 
commanded by Col. Angell, representing that they have sold 
the said farm ; and that the purchasers having surveyed it ^ 
make demands upon them for a considerable deficiency : 



438 RECORDS OF THS STATE OF RHODE ISLAND [JuNX^ 

It is voted and resolved, that Peleg Arnold, Richard 
Searle, Pardon Gray and Caleb Harris, £sqs., be, and they, or 
the major part of them, are, hereby appointed a committee 
to re-survey the said farm ; and that they make report to 
this Assembly at the next session. 

Upon the application of Mr. Nathaniel Briggs,, as agent 
for and in behalf of the Amicable Society in the town of 
Tiverton : 

Be it enacted by this General Assembly, and by the 
authority thereof it is hereby enacted, that the charter of 
incorporation granted by this Assembly to the aforesaid 
society, be, and the same is, hereby revived and renewed : 
That the said society be, and hereby is, invested with all and 
singular the rights, privileges and immunities in the said 
charter enumerated and contained : And that Col. Lemuel 
Baley, the late president of the said society, be, and he is, 
hereby empowei^ed to cause the members of the said society 
to be notified to hold a meeting at such time and place as 
he shall appoint, for the purpose of choosing officers of the 
said society, to continue in office until the first Tuesday in 
June next, the time prefixed in said charter for the annual 
choice of officers. 

And it is further enacted by the authority aforesaid, that 
any three members of the said society, whereof the president, 
vice president, treasurer, or secretary always to be one, at 
any stated meeting of the said society, for want of a sufficient 
tiumber of members to make a quorum to do business, to 
adjourn the same to any future day not exceeding one month, 
and so to adjourn from time to time until there shall be a 
competent number to do business agreeably to said charter. 

Whereas, Sylvester Hull, of South Kingstown,in the county 
of Washington, yeoman, preferred a petition, and represent- 
ed unto this Assembly, that he is a native of, and resided in 
this state until the commencement of the late war with 
Great Britain, but soon after removed to Long Island, and 
did not return to this state until after the peace took place : 



1791.] ANp PROVIDBNOS PLANTATIONS. 439 

And that he hath for upwards of six years last past been a 
resident within the state^ and demeaned himself as a good 
citizen ; and thereupon prayed this Assembly that he may be 
restored to the privileges of a citizen : On consideration 
whereof, it is voted and resolved, that the aforesaid petition 
be granted ; and that the said Sylvester Hull be, and he is, 
hereby restored to all the rights, privileges and immunities 
of a free citizen of this state. 

Upon the petition of divers inhabitants of this state, and 
the state of Connecticut, praying that the country road 
leading from Providence to Plainfield, may be altered : 

It is voted and resolved, that Benjamin Greene, Jonathan 
Comstock, Benjamin Howland, John Sayles and Stephen 
Winsor, Esqs., or the major part of them, be, and they are, 
hereby appointed a qornmittee, to take the said petition into 
consideration and to examine the said road, and the land 
thereto adjoining ; and that they make report to this Assem- 
bly of their opinion, together with a plat of what alteration, 
if any, ought to be made, consistent with right and public 
utility. 

Whereas, a number of persons living on and near the road 
leading from Providence to Voluntown, preferred a petition 
and represented unto this Assembly, that it was originally 
laid out three xpds wide from Providence five miles west- 
ward, and from Voluntown four rods wide about twelve miles 
eastward ; that the intermediate space of eight miles was 
originally laid out but two rods wide and at present falls 
short of that width in sundry places ; that the narrow part 
of the said road runs over high bleak lands, and in winter is 
frequently much obstructed by the snow; and that it is 
capable of being straightened and considerably improved, 
and thereupon prayed this Assembly to appoint Caleb Harris, 
of Johnston, Christopher Lippitt, of Cranston, and Joseph 
Mathewson, of Coventry, Esqs., a committee to re-lay, widen 
and straighten the said road, by purchasing or exchanging 
lands in such manner as In their judgment will be most 



440 RECORDS OF THB STATfi OF RHODE ISLAND [Jt3N£^ 

couducive to the.improvement of the said road, and to agree 
with the owners of the lands which may be purchased for 
the said ];;oad upon the price of the same ; and to receive-so 
much money as may be necessary for purchasing the lands 
as aforesaid, and defraying the reasonable expenses of the 
committee in transacting the business, out of the money 
raised by a lottery granted by this Assembly at the session 
in February last, for repairing the said road ; and that the 
managers thereof be directed to pay the same to the said 
committee accordingly: On consideration whereof, it is 
voted and resolved, that the prayer of the aforesaid petition 
be, and is, hereby granted : And that the said committee 
report their proceedings, with the plan of the alterations 
they may make in the said road into the offices of the town 
clerks of the several towns in which such alterations shall 
be made. 

It is voted and resolved, that so much of an act made and 
passed in June, A. D. 1766, entitled "An Act directing the 
method of preferring petitions unto the General Assembly 
and of acting thereon" as authorizes a petitioner to lodge 
his petition in the secretary's office, be, and the same is, 
hereby repealed. 

It is voted and resolved, that Joseph Noyes, .Joseph Stan- 
ton, Walter White and Rowland Brown, Esqs., the committee 
for settling the affairs of the Narragansett Tribe of Indians, 
be, and they, or the major part of them, are, hereby empow- 
ered to complete the deed of the lot of land lately belonging 
to the said tribe, which was in possession of Samuel Perry, 
Esq., and by them sold : That they be, and hereby are, 
authorized and empowered to collect all the just claims 
which any person or persons have against the said tribe, and 
discharge the same, out of the money of the said tribe in 
their hands ; and that they report their proceedings, and in 
what manner the said debts became due, to this Assembly 
at the next session. 



1791.] AND PROVIDENCE PLANTATIONS. 441 

Whereas, the continuing petitions between private persons, 
pending before the General Assembly, from session to session, 
for a long course of time, hath, from the excessive bills of 
cost) and other unavoidable expenses, proved very burthen- 
some to the good citizens of this state, and become a great 
grievance which ought to be redressed : 

It is therefore voted and resolved, that this Assembly will, 
on the morning of the thitd day of the next session, hear the 
petitions pending between private persons, and pursue the 
docket in a regular course until they be all determined. 

And to the end that the parties may have knowledge 
hereof and be prepared for trial : 

It is further voted and resolved, that this resolution be 
published three weeks successively in the newspapers in this 
state. " 

On consideration of the petition of the Rev. James Man- 
ning, President of th^ College, or University, in this state, 
praying, that the interest of the college funds deposited in 
the general treasury, up to September next, may be paid on 
the order of the treasurer of the said college, or university ; 
and that in future the interest of the said funds be paid 
annually ; it is voted and resolved, with the consent of the 
said James Manning, that the general treasurer be, and he is, 
hereby directed to calculate the compound interest on the 
said funds, from the time the payment became due up to the 
first day of September next, and pay the same to the order 
of the treasurer of the said college, or university, either in 
loan office certificates of the United States, now in the 
general treasury, at par, according to the face of them, or in 
the money that shall be paid into the general treasury by 
the state tax proposed to be assessed at the present session : 
And that in future the interest of the said funds be paid 
annually on the first day of September every year next 
ensuing the present 

VOL. X. 66 



*' 



442 RECORDS OF THE STATE OP RHODE ISLAND [JuNB, 

* An Act to prevent drawing seines in a certain part of Warren river. 

Be it enacted by this General Assembly, and by the authority thereof it is enacted, 
that no seine shall be hereafter set or drawn in any part of the river running from 
Warren river through the town of Harrington, to the dividing line between the said 
town of Harrington and the town of Rehoboth, upon the penalty of six ponnds, lawftil 
money, to be recovered by bill, plaint or information, in any court proper to try the 
same; the one moiety thereof to the use of the person who shall inform and sue for 
the sams, and the other moiety to the use of the poor of the town where such seine 
shall be so set or drawn. 

It is toted and resolved, that all the goods and merchan- 
dise paid to Ebenezer Thompson, Esq., late collector of im- 
post for the district of Providence, under the authority of 
this state, in discharge of the impost bonds in that oflSce, 
be immediately sold by him at public auction, or at private 
sale, as he shall judge most advantageous for the state ; that 
he be empowered to receive therefor orders granted by this 
Assembly upon the general treasury ; that he pay the pro- 
ceeds of the said sale into the general treasury ; and that 
he make report of his doings to this Assembly at the next 
session. 

Whereas, Samuel J. Potter, Esq., of South Kingstown, in 
the county of Washington, executor of the last will and 
testament of Nicholas Easton, late of Newport, in the county 
of Newport, deceased, preferred a petition, and represented 
unto this Assembly, that the personal estate of the said 
Nicholas Easton is not sufficient to discharge his debts ; that 
in the present reduced price of lands, no sale can be made 
of his real estate in the usual manner, without great injury 
to the heirs, who are under age : And that from a principle 
of doing justice to the creditors, as well as for the benefit of 
the heirs, he is desirous to make sale of such part of the said 
real estate, by way of lottery, as may be sufficient to pay