Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Wednesday of October, 1745. The Hon. Gideon Wanton, Governor. The Hon. William Robinson, Deputy Governor. With the assistants and deputies from the several towns. An Act for the regulation of the soldiers that remain alive at Louisbourg, on the island of Cape Breton, and appointing a commissary for the care of the provisions, and other necessaries, for their subsistence. Be it enacted by the General Assembly of this colony, and by the authority thereof it is enacted, that the soldiers remaining alive, belonging to the company lately commanded by Capt. Joshua Champlin, at the island of Cape Breton, be added to the other two companies in the service of this colony; and that the officers of said company be allowed half pay till further orders from the General Assembly; provided, that they stay there. And that a commissary be appointed for the forces there, in the service of this colony, who shall keep an exact account of what provisions he shall receive and deliver out; and for said service shall be allowed £18 per month; and for the due performance of his office, shall give bond, with sureties, to the general treasurer, in the full value of the provisions he shall receive. And be it further enacted by the authority aforesaid, that the paragraph of an act passed by the General Assembly, at their session held on the fourth Tuesday in September last past, directing the provisions to be delivered to the captains or commanding officers, for the time being, of each of the afore said companies, to be by them distributed and given out to the men belonging thereto, be repealed, and it is hereby repealed; the same being the proper business of the commissary. And that His Honor, the Governor, write to Capt. Daniel Fones, commander of the colony sloop Tartar, at the island of Cape Breton, and order him with said sloop and company, to return home to Newport, as soon as may be. Voted and resolved, that Benjamin Hassard, Esq., Messrs, Peter Bours, Samuel Wickham, Robert Hassard and Edward Scott, be, and they are hereby appointed a committee, they, or the major part of them, to take into consideration the agent's letters now presented to this Assembly, and to furnish him with proper instructions relating to the matters therein contained, and to be signed by His Honor, the Governor, and sent home as soon as conveniently may be; and a copy thereof to be laid before this Assembly, at their next session; and that His Honor, the Governor, send home, with said instructions, such original letters or copies thereof, as he shall think proper. Voted and resolved, that the committee that was appointed to procure a plan of Fort George and the harbor of Newport, procure another draught or plan of said fort and harbor, exactly as the same now are, and present the same to His Honor. the Governor, to be signed by him and the surveyor, to be sent home, with the plan already drawn, in order to show the present circumstances of said fort and harbor, as well as what alteration is proposed to be made; and that the said committee procure a piece of plate, to the value of £75, and present the same to Mr. Peter Harrison, for his trouble in surveying and making a draught of said fort and harbor, and draw money out of the general treasury, to pay for the same. Voted and resolved, that Peter Bours, Esq., be, and he is hereby appointed to wait upon the Hon. Roger Wolcott, Esq., deputy governor of the colony of Connecticut, and major general of the forces that reduced Cape Breton, and request of him a certificate of what he knows respecting the conduct of this colony, relating to the expedition against Cape Breton, and more especially as to the service that our colony sloop has been in said expedition. [It appears that complaints against Rhode Island were made to the King, for the backwardness of the latter, in sending assistance to the expedition, against Cape Breton. This fact was made known to Richard Partridge, the agent of Rhode Is land, in London, by Mr. Ramsden, secretary to the Lords Justices, who at once took measures to refute the calumny, by addressing an official note to the secretary, dated the 5th month 30th, 1745, to be communicated by him to the Duke of Newcastle. In this, he says, that "although there are disputes depending between the government of Rhode Island, (which is but a small colony,) and that of the great province of the Massachusetts; and that said colony had no orders about the said expedition from Great Britain, and consequently it could be no disobedience or disrespect in them to the crown; yet it is notorious and apparent, that there was an armed sloop of war belonging to Rhode Island, at Cape Breton, with our ships, when that place was taken," etc. He also states, that men were sent, "that the merchants of Rhode Island advanced £8,000 amongst themselves, and hired a twenty-gun ship to be employed in that service." And in alluding to the people of Rhode Island, says: "Their loyalty and obedience to the crown heretofore, is well known; for that whenever there has been any expedition ordered from Great Britain, to be executed in North America, the Rhode Islanders have always paid due obedience to the crown, and afforded their quotas; particularly in the wars of the late Queen, in the expedition against Annapolis Royal, and against Canada; and that in the sea war at that time, the New Englanders must confess that the privateers from this colony of Rhode Island, did more execution against the enemy's privateers that infested their coasts, than all the ships of the Massachusetts, or indeed of all the colonies in those parts put together." The agent, Mr. Partridge, under date of 5mo. 23d, 1745, communicated these same facts to Governor Wanton, and apprises him that he had written to the clerk of the council about the matter, "which he seemed to take well, and reckoned necessary;" and adds, "I wish thou couldst get a few lines from Capt. Warren, and send me a justification of the colony, to take off the edge of those assertions, which I believe have been spread by Agent Shelby, here; and perhaps, too, the Boston people may have falsely prepossessed Capt. Warren, to make him write home as he did, (if he wrote any thing at all about it.) This I looked upon as my duty, to advertise thee of it in time, that I may receive thy answer, with a full vindication.” Under date of 6mo. 8th, (August,) the agent again writes to Gov. Wanton, and reiterates what he had before stated. "The rejoicings in England," he says, "were great, when the news of the taking of Louisbourg was confirmed; the town guns were fired, and the acquisition of Cape Breton was considered as of vast importance." At the same time he urged the importance of Rhode Island sending provisions to the forces there. The reception of these letters by Governor Wanton drew forth the resolution referred to, above, together with the following letter and certificate from Governor Wolcott, a major general in the Louisburg expedition.] Certificate of Governor Wolcott, relative to the expedition against Cape Breton. Colony of Connecticut, Windsor ss. Whereas, the General Assembly of His Majesty's colony of Rhode Island and Providence Plantations, have represented to me, the subscriber, the Deputy Governor of the colony of Connecticut, and major general of the land forces employed in the late expedition against Cape Breton, that their conduct relating to the reduction of that place, hath been misrepresented to the British court, and therefore have applied to me, to declare what I know, relating to the assistance that has been given by their colony; and that justice may be done to that government, according to truth, I certify as follows, viz.: That the colony of Rhode Island fitted out for the expedition against Cape Breton, their guard sloop, the Tartar, under the command of Capt. Daniel Fones, mounting fourteen carriage and twelve swivel guns; furnished with needful warlike stores, with ninety men on board. That the colony of Connecticut fitted out their guard sloop, the Defence, under the command of Capt. John Prentice, mounting twelve carriage and twelve swivel guns, furnished with warlike stores, and an hundred men on board. That when the forces from Connecticut were near ready to embark, at New London, it was feared that Capt. Prentice would not be a sufficient guard for our transports; and thereupon, from a motion from the Governor of Connecticut, to the Governor of Rhode Island, Capt. Fones was sent to New London, to join Capt. Prentice, to convoy our forces to Cape Breton. That our fleet, consisting of the two guard sloops, and seven transports, having received on board five hundred men, sent from Connecticut, for the land service, went on our voyage, and off the Cape Sable shore we espied a ship making towards us; and not knowing what she might be, the Tartar went out to speak with her; and upon exchange of some shot, she was found to be a French ship of war, of about thirty-four guns. Capt. Fones perceiving her to be a vessel of great superiority, led her off from the fleet. She proved to be a very nimble ship; but the Tartar being a prime sailor, and hauling close to the wind, kept her in chase of her all day, and got clear of her at night; so our fleet, without any damage from said French ship, arrived safe at Canso. If this ship had engaged our fleet, it is probable that both the guard sloops would not have been able to withstand her; and if we had had no convoy but Capt. Prentice, it is likely that we should have been ruined by her. That during the siege, Capt. Fones, Capt. Becket and Capt. Donahue were sent to the Gut of Canso, to prevent the enemy that we expected were coming from the siege of Annapolis, to the relief of Louisburg; accordingly, they met them, and re. pelled a great number of them; and this, we judged, was the reason that we did not meet them on the island of Cape Breton. In testimony of the truth of all the above written, I have hereunto Voted and resolved, that the committee appointed to build a bridge over Weybosset river, at Providence, in the county of Providence, do not proceed on said business till further orders from the General Assembly. God save the King. [The following public laws, passed during the year 1745, are printed at length in the volume of laws published in 1747, unless repealed previous to that time.] An Act for the regulation of the sitting of the General Assembly. An Act for the more regular appointing of deputy sheriffs. An Act for regulating the service of writs in case where the sheriff and town sergeant of such town where the sheriff liveth, are concerned. An Act for allowing thirty men at Fort George, etc. An Act enabling creditors to recover their just debts of such persons who have removed out of this colony, and of others, not inhabitants thereof, or who conceal themselves therein. An Act for allowing of taking depositions, and regulating the swearing to accounts out of court. An Act for impounding cattle, sheep, horses and hogs; and for recovering damages done by them. An Act for the protection of the members of the General Assembly; and of persons chosen to serve on the jury, from being arrested or sued during service. An Act appointing commissioners to take care of all prisoners of war that shall be brought to this colony. An Act for the better security of the sheriff, any of his under officers or aids, in impressing men for His Majesty's service. An Act for limiting the exportation of gunpowder for a certain time, therein mentioned. An Act allowing George Ninegret, the Indian sachem, (with the advice and con sent of his trustees,) to exchange twenty acres of land in Charlestown, for the benefit of the Church of England, in that town. An Act empowering George Ninnegret, the Indian sachem, to sell a part of his land for the payment of his debts, and the better support of his family. An Act for the relief of poor and distressed debtors. An Act empowering the captains of the several companies of trained bands in this colony, to grant warrants for collecting the fines of delinquents, etc. An Act ordering and appointing the militia, or trained bands in this colony, to muster but twice a year. An Act directing how tenth bonds shall be given for money taken up by persons dying without giving any. An Act in addition to, and in amendment of the several acts relating to the choosing of jurymen. An Act for the regulating the mending of highways, within this colony. An Act for the further regulating vendues, within this colony. An Act in addition to an act, granting writs of review in personal actions. |