Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Wednesday of October, 1743. The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns. Whereas, Comfort Taylor, of Little Compton, in the county of Bristol, and Province of the Massachusetts Bay, widow, did, by petition, set forth to this Assembly, that at a court of equity, held at Providence, within and for said colony, on the second Tuesday of October, instant, the petitioner obtained a judgment against a negro man, named Cuff, belonging to Thomas Borden, of Portsmouth, in the county of Newport, for £200, and costs of suit, for a grievous trespass, committed by said Cuff, against her; and that, as the execution will go against his person to be imprisoned, according to the common form of executions, it is not clear that the sheriff can dispose of him, which she apprehends he ought to have power to do, because said negro is not free, but a private property; and therefore prayed that the said sheriff might be empowered to sell him, as other personal estate, taken by execution, to satisfy debts; and considering the great abuse she has suffered, and the charge that will come out of said negro, for prison fees, she desired that the fine of £20 against said negro Cuff might be remitted, otherwise she should get nothing for all the hardships she has endured ; Upon consideration whereof, it is voted and resolved, that the sheriff of the said county of Newport, when he shall receive the execution against the said negro Cuff, be, and he is hereby fully empowered to sell said negro Cuff as other personal estate; and after the fine of £20 be paid into the general treas ury, and all other charges deducted out of the price of said negro, the remainder to be appropriated in said satisfying said execution. Voted and resolved, that His Honor, the Governor, write a letter in answer to the agent's letter relating to the naval officer, and present the same to this Assembly as soon as conveniently may be, in order to be sent home. God save the King. [The following laws of a public nature, passed during the year 1743, are printed at length, in the Digestof 1747.] An Act to prevent all persons from voting in any town meeting in this colony, saving in the town where such person dwells. An Act directing the manner of choosing grand jurors throughout this colony. An Act directing the attendance of the petit jurors and witnesses at the courts in this colony. An Act to prevent the fish being stopped in their course up Pawcatuck river. An Act for the preventing the counterfeiting of bills of public credit emitted by any of the governments of New England, and to prevent defacing the same.* An Act to prevent persons convicted of counterfeiting bills of public credit, or any other forgery, from proxing or voting in this colony, or from being chosen to any office. So much had the colonies suffered by the counterfeiting of their bills of credit, that the most severe penalties were necessarily inflicted, to put a check to it. In the act in question, it was provided that "persons so offending therein, shall be pilloried, and have both his, her or their ears cropped, and be branded with the letter R, on each cheek, and be imprisoned at the discretion of the judges for the time being, before whom all such offenders shall be tried, and shall pay double damages to all persons defrauded or cheated, with all costs of prosecution; and double interest during the time of possessing said bill or bills." Furthermore, "that all deeds or other instruments of lands or personal estate, made by persons convicted of counterfeiting, shall be void."-J. R. B. An Act for the greater ease of the inhabitants in discharging their debts due to the colony. An Act to prevent the unnecessary quashing of justices' orders in case of bastardy. An Act for the more effectual calling in and exchanging the public bills of credit of this colony, emitted in 1740. An Act for the more effectual punishment of negroes, that shall attempt to commit a rape on any white woman. An Act for restoring Silas Greenman, of Westerly, to his former rights and privileges, as a freeman of this colony. An Act for stating the prices of ferriage at the several ferries in this colony. An Act stating the fees of the collector of His Majesty's customs, and the naval officer in this colony. An Act establishing the fees of the court of vice admiralty. this colony. An Act for settling and ascertaing damages upon protested bills of exchange. Letter from Governor Shirley to Governor Greene. Boston, January 29, 1744-5. Sir:-Though I doubt not but that the interest of the common cause of New England, will sufficiently animate your government to exert themselves vigorously in the intended expedition against Louisburg, yet I would beg leave to add, that the exposed situation of your colony by sea, and the resentment of the enemy. against it, on account of the activeness of your privateers, make it particularly probable that you may have a sudden visit from the French, this summer, if Cape Briton is not reduced. The gentlemen who deliver this, will apprise Your Honor how essential it is, to wards our proceeding in this important affair, that we should have a naval force before Louisburg, by the beginning or the middle of March, at furthest, to cut off the enemy's provision vessels, and intercept Mr. Duvivier, who is expected about that time with recruits for the garrison; which latter event must be so killing a blow to the people of the town and garrison, that it would not fail of being decisive; and they will also let you know what this government has done, and what applications I have made towards providing such a naval force; I hope, therefore, you will not fail to exert yourself in this respect. They will further inform you how necessary it is that we should have a proper train of artillery, which should be four pieces, of eighteen pound shot, to twenty-four pound; of which sort, we have not, sufficient in our castle; and I therefore hope you will contribute your quota, also in this respect. I doubt not but our united force, vigorously exerted upon this occasion, in conjunction with His Majesty's other neighboring colonies, will meet with success, which I hope will be the event of this expedition, and am, sir, Your Honor's most obedient humble servant, Hon'ble Governor Greene. W. SHIRLEY. Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the 14th day of February, 1743-44. The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns. An Act for emitting the sum of £40,000 in bills of public credit, of the new tenor, to be let upon loan. Protest. We, the subscribers, dissent from the foregoing vote, and protest against it, for the following reasons: 1st. Because the interest to be paid by those who take up the bills emitted by this act, is so low, and the principal to be paid in again at such distant periods, that it will necessarily depreciate their value, as well as frustrate one of the principal ends of emitting, and letting them out upon loan, which is to defray the charges of the government. 2d. Because we think that making so large a bank at this time, will be of most pernicious consequence to the trade of this colony, by so much depreciating our whole paper currency, that it may bring on a discount between our bills and those of the neighboring governments, (being what they once aimed at), which when once begun, no one can tell where it will stop, and must introduce the utmost difficulties and confusion in our trade with the inhabitants of those governments, upon which our foreign trade so much depends. 3d. Because this emission will make so large an addition to that load of bank mortgages already upon the lands of this colony, that posterity will never be able to discharge them, but must unavoidably end in the utter ruin of a vast number of families. 4th. Because we look upon it to be highly unjust to make an act that will naturally and necessarily depreciate the bills already extant, whereby all creditors will be defrauded of a great part of their just dues; widows and orphans, whose interest consists of money, will be greatly injured and oppressed, all industry discouraged, and idleness, extravagance and extortion highly encouraged to the manifest hurt and dishonor of the colony. 5th. Because we apprehend it will greatly endanger our most valuable charter privileges, and be looked upon as a presumptuous and undutiful piece of conduct, to add one large emission to another, and of such a pernicious tendency, after so many instructions, admonitions, and commands to the contrary, which have been sent to this colony, both from the then lords justices, and from the lords commissioners of trade and plantations, as well as the votes of the Honorable House of Commons, showing their disapprobation of such a paper currency; all which have been now read in this house. 6th. Because, as we apprehend, that this fatal act will be attended with all the pernicious consequences before mentioned, we would have the whole colony as well as posterity, know that we have not been instrumental in their ruin and misery, but have endeavored, (as much as in us lay,) to preserve and transmit down to posterity the privileges and properties which their ancestors obtained and earned with so much hazard, labor and expense. SAMUEL WICKHAM, JOHN TILLINGHAST, JOSEPH JACOB, [A protest was also presented by Peter Bours, another member of the Assembly, against the passage of the act referred to. It is omitted here, on account of its length.] An Act repealing an act made in the fifteenth year of His present Majesty's reign, entitled "An act for appointing and erecting a court of equity, to hear and determine all appeals in personal actions, from the judgments of the superior court," and for granting reviews in personal actions. Whereas, it is found, by experience, that the trials of causes by the said court of equity is inconvenient, and a great grievance to the inhabitants of this colony ; Be it therefore enacted by the General Assembly, and by the authority of the same, that the said act, and every clause thereof, be, and it is hereby repealed, and made null and void; and that the said court be, and it hereby is dissolved and abolished. And be it further enacted by the authority aforesaid, that all the records of said court shall be lodged and remain in the secretary's office, and that they be, and remain as valid; and all copies extracted therefrom, and attested by the secretary, |