The Rhode Island Republican

Rhode-Island Legislature.

The General Assembly of this State, met in Providence on Tuesday last. A quorum being present at 10 o'clock, Hon. George Curtis was chosen Speaker of the House of Representatives, and the former clerks, (G. Rivers and E. H. Hazard) re-elected—all without opposition. The Senate had also formed a quorum, and were ready to proceed to business.

The following members were returned from the several towns, to serve in the General Assembly, viz:-

Newport,—Benj. Hazard, H. Y. Cranston, R. K. Randolph, George G. King, Daniel Watson, Benj. Marsh.

Providence,—George Curtis, John H. Clarke, Tho. J. Stead, John Whipple.

Portsmouth,—John Manchester, John Rogers, Clarke Chase, Wm. Almy.

Warwick,—Bennet Low, Wm. Rhodes, T. R. Holden, Gideon Spencer.

Westerly,—Wm. Potter, Wm. C. Pendleton.

New-Shoreham,—George G. Sheffield, A. Milliken.

North-Kingston,—Wm. Browning, Daniel Brown.

South-Kingston,—Isaac P. Hazard, E. R. Potter.

East-Greenwich,—Wm. Shippee, Nathan Whiting.

Jamestown.—John Wilbur, John J. Watson.

West-Greenwich.—J. James, T. T. Hazard.

Coventry,—Elisha Harris, James A. Fenner.

Exeter,—Pardon T. Greene, John Wilcox.

Middletown, Benj. Weaver, Wm. Taggart.

Bristol,—Wm. Pearce, 2d, Ambrose Waldron.

Tiverton,—Joseph H. Bliven, G. H. Durfee.

Little-Compton,—N. Church, Christopher Brown.

Warren,—Henry H. Luther, S. Cole.

Cumberland,—J. Whipple, Pardon Sayles.

Richmond,—David Clark, Jona. James.

Cranston,—Welcome Fenner, Seneca Stone.

Hopkinton,—Edward Barber, H. M. Wells.

Johnston,—James F. Simmons, Abraham C. Atwood.

North-Providence,—Stephen Randall jun., Nathan A. Brown.

Smithfield.—Sessons Mowry, S. Clarke.

Scituate,—E. Mathewson, W. N. Aldrich.

Glocester,—R. B. Smith, Robert Steere.

Charlestown, George W. Cross, James N. Kenyon.

Barrington,—J. S. Drown, James Bowel.

Foster, Richard Howard, G. Burgess.

Burrillville,—Amasa Ballou, J. Jenckes.

The following Standing Committees were appointed.

On Finance—Messrs. Randolph, Simmons, Potter, of Westerly, Harris of Kent, and Luther.

Judiciary—Messrs B. Hazard of Newport, Whipple of Prov., Wells, Whiting of Greenwich, Bowen of Barrington.

Corporations—Messrs Cranston, Aldrich Pendleton, Rhodes, Waldron.

Education—Messrs King, Stead, I. P. Hazard, Low, Drown,

Militia—Messrs Church, S. Mowry, Greene, Holden, Luther

Accounts—Messrs Marsh, Whipple of Cumberland, Barber, Spencer, Pearce, Aldrich (of Senate.)

Real Estate—Messrs Chase, Sayles, W. Browning of N. Kingstown, Fenner, Cole, Holden (of Senate)

Convicts—Messrs Durfee, Fenner, Clarke of Richmond, Cole, Shippee, Fowler (of Senate.)

The memorial of Welcome A. Hoxie and John Foster, contesting the election of the sitting members from the town of Charlestown, was received, and referred to Messrs Simmons, Cranston, E. R. Potter, Clarke, of Providence, and James.

A great number of private petitions and bills were presented, read and referred to the appropriate committees. But little other business was transacted.

Thursday morning was assigned for the trial of private petitions.

The House then adj. to 3 p. m.

Afternoon.—Petition of the Directors of the Stone Bridge and Fall River turnpike Corporation, for amendment of their charter, was referred to the Committee on Corporations.

A communication was received from the Governor, containing a communication from the Executive of Connecticut, containing resolutions of the Legislature of that State respecting the Public Lands. Referred to a special committee, consisting of Messrs. B. Hazard of Newport Rhodes and Whipple.

Also, a communication from Mr. Woodbury, Secretary of the U. S. Treasury, respecting the delivery of complete sets of standard weights for the several States of the Union. The weights are now in the Secretary's office of this State.

The subject was referred to a committee, consisting of Messrs. Randolph, Potter, and Stead.

The resolution empowering the Courts to appoint their own clerks, was taken up, and after some remarks from Mr. Randolph and the Attorney General, it was indefinitely postponed.

Adjourned to Wednesday morning.

Wednesday morning.—Sundry accounts were presented and referred to the Committee.

A bill was presented by the Speaker, in amendment of an Act passed at the Oct. session, A D. 1837, entitled "An Act to provide for the disposition of the money of the U. S. to be deposited with this State, &c." which was read, and referred to the Committee on Finance. This bill provides, that if the money deposited be taken from any bank, the Commissioners may place it in some other bank.

Mr. E. R. Potter presented a bill to amend the "Act regulating the assessing and collecting of taxes"—and a bill to amend the "Act regulating proceedings in Courts,"—which bills were referred to the Committee on the Judiciary.

Mr. Clark, of Providence, presented the memorial of A. D. Hodges. and a large number of others, interested in the sale of wines and liquors, and adverse to the present License law.

Mr. C. stated, that the memorial was signed only by freeholders, who came forward voluntarily.—The memorial was referred to a Committee of one from each County, viz: Messrs. Randolph, Clark, Wells, Spencer and Pearce.

Mr. Stead presented sundry memorials from Providence in favor of the present License law.—Also memorials from E. Greenwich, West Greenwich, Warwick, of Jacob Smith and others, of N. Kingstown—all in favor of said law, were severally received, and referred to the same committee.

Adjourned to 3 o'clock p. m.

Afternoon.—The Committee on Convicts' Petitions reported in favor of granting several—among them Mason Handy, for stealing hens.

The petition of Robert G. Burns, of Scotland, imprisoned for stealing a pea jacket, who stated, that he had no intention of stealing the jacket, but took it, to hang it up to dry, and that he was a stranger, was granted, on condition that he leave the State in 24 hours.

Ezra Carpenter was liberated on his promise to reform, and the recommendation of his wife.

The Report of the General Treasurer of the State was received, and referred to the Committee on Finance.

The Committee to repair the State-House in Newport. stated, that the expense of repairs had exceeded the sum allowed, including commissions, $148 17. It had been found necessary to put on a new roof;—it was referred to the Committee on Accounts.

The report of the Committee to repair the State's jail in Newport, was referred to the same Committee.

A Committee consisting of Messrs. Clark, Stead and Chase, were appointed to enquire if any new legislation on the subject of the State's Prison, was necessary.

Mr. G. G. King was appointed to prepare resolutions relative to a Day of Thanksgiving.

The House then adj. to Thursday morning, 10 o'clock.

Thursday Morning.—Mr. Randolph, from the Committee on the memorials relative to the License law, asked leave to sit during the sitting of the House, which was granted.

The two Houses then joined, and proceeded on the trial of the docket of private petitions—and continued thereon until their adjournment.

Afternoon.—A bill to authorise certain military officers to take their engagements, was read once.

The Report of the New-York, Providence and Boston Rail Road Company, was received.

An Act to adjourn the Supreme Judicial Court in Washington County, to the 2d Monday in Dec. was passed.

The two houses then proceeded on the trial of the docket of private petitions, and after deciding on several of them, the two houses separated.

The Report of the Committee on the petition of the New England Coal Mining Company, was then received.

The petitioners asked for aid, to enable them to prosecute their undertaking, on the ground of the benefit to accrue to the public from its success.

The report was accompanied by a great mass of documents from various scientific and intelligent gentlemen, and petitions from several hundred citizens of the State. The committee recommended the aid required, either by means of untaxed lottery, or by the issue of State scrip; but preferred the former.

The conclusion was drawn by Professor Hitchcock, and others, from specimens of the Cumberland coal, and rock, and comparison with those of other coal regions. that at a proper depth from the surface, the Cumberland Coal will be found equal in quality to any other. The Committee reported a bill for a lottery to run for five years, and providing for a geological survey of the State at the expense of the Company.

After debate, the petition was postponed until to-morrow (Friday) morning, and the House then adj. to 11 A. M.

Friday, Nov. 2—10 o'clock, A. M.

The house met according to adjournment.

Sundry petitions were received and referred relative to the license law. Also several other petitions of a private nature.

Petition of John G. Clark et. al. for resolutions to instruct Senators and Representatives in Congress, to vote to abolish slavery and the slave trade in the District of Columbia, &c. Received and laid on the table.

Act to repeal an act to prevent horses and cattle from running at large in Tiverton—read a second time, and passed in conformity with the vote of the freemen of Tiverton, and instructions to their "representatives.

Petition of Betsy Lawton for leave to petition for divorce—continued, with order of notice.

Petition of Thomas B. Harvey et al. relative to taking oysters in Point Judith Pond —granted, and the act read once, and laid on the table.

An act to emancipate all slaves brought into the state—read a second time, and postponed to next session.

Adjourned to 3 1-2 o'clock P. M.

3 1-2 o'clock, P. M.

Report of the inspectors of the State Prison.—The prison not having yet been occupied, and the board of inspectors not full, the report contained but little of public interest.

The report was received, and referred to the Committee on the State Prison.

Bill relating to grave yards—prohibiting the passage of turnpikes, rail roads or canals, through grave yards, with consent of the proprietors, and to prevent the mutilation of grave stones, fences, &c. Read and laid on the table.

Afterwards taken up and passed.

The Commissioners of Burrillville Bank made their report. The affairs of said bank still remain unsettled.

Bill relative to joint partners and joint debtors—bill relative to highways—to regulate process against banks—for erecting monuments between R. Island and Massachusetts—proprietors of wharves —and petition relative to pedlars.

The Attorney General, by leave inquired of the House, relative to the final disposition of Elijah Ball, a state Prisoner, whose sentence of death has been commuted for perpetual imprisonment, no vote having passed, to transfer him to the State Prison.

The subject was referred to the Committee on the State Prison, removal of prisoners &c.

License Law.—On petition of A. D. Hodges for repeal of the present License Law, the Committee reported ought not to be repealed, but so amended as to permit wines and strong liquors to be sold in quantities not less than one gallon, and in smaller quantities for medicine and the arts.

The report was received, and referred to the Committee on the Judiciary, with instructions to bring in a bill in conformity therewith.

Petition of Stone Bridge and Fall River Turnpike Company, to confirm committee's location, and to amend charter. Continued with order of notice.

Petition of joint committee of the City Council of Providence for a loan of $40,000, from the State's quota of the surplus revenue, for the use of schools in the city of Providence. Laid on the table.

Petition of John Gorham et. al. for act of incorporation for Eagle Screw Company— granted. Act passed.

Concurrences came down from the Senate, on sundry bills, reports, and resolutions sent up from the House.

Petition of Sarah Ann Gardner, guardian for sale of real estate. Granted.

Adjourned to 10 o'clock, A. M. Saturday morning.

Saturday Nov. 3—10 o'clock, A.M.

The House met according to adjournment.

On petition of New England Coal Mining Company.

The bill to authorise a lottery to aid said company, was read as amended. The bill as it was amended, makes it the duty of the company to pay into the State Treasury, one third part of the proceeds of the lottery to pay the expense of a geological survey of the State, under the direction of the Governor.

After some debate a motion was made and carried, to postpone the whole subject to the next session.

Act to amend the License Act, reported by the Judicial Committee in conformity with instructions.

The act makes it the duty of councils to grant licenses to suitable persons in their discretion, for the sale of wines and strong liquors, in quantity not less than one gallon, nor more than ten gallons—price of license from $4 to $20.—Physicians to be licensed to sell for medicine and the arts.

Mr. Randolph and Mr. Spencer made some remarks. and on motion of Mr. E. R. Potter, the bill was laid on the table; and the bill offered by him yesterday, to repeal the existing law, taken up and read.

Mr. Potter then moved to amend his bill, so as to repeal the existing act, and substitute the act of 1822, without any of the subsequent additions and amendments.

On motion of Mr. Simmons, the whole subject was laid on the table.

Mr. Clarke, from the Committee on the State Prison made a report on behalf of said Committee.

The reported act establishes the new building adjoining the State Prison, as a county jail. under superintendence of the warden of the prison—provides the removal of all prisoners from the old jail, including Elijah Ball, to the new establishments, the latter to the State Prison. The report was referred to the Attorney General.

Mr. Spencer moved to go into Grand Committee for the election of a Senator to Congress.

Mr. B. Hazard moved to postpone to the next session.

The question was on the postponement, and on motion of Mr. Hazard, the yeas and nays were ordered, and the result was as follows—yeas 41, nays 31. So the House decided not to postpone, and the two Houses joined in Grand Committee.

IN GRAND COMMITTEE.

Nathan F. Dixon was nominated as a candidate for Senator of the United States Senate, by Mr. Spencer, and Benjamin B. Thurston, by E. R. Potter.

The balloting proceeded, and the result was as follows:

For Nathan F. Dixon, (fed.) 38
Benj. B. Thurston, (dem.) 18
Maj. for Dixon, over Thurston, 20

And he was declared elected Senator from the State of Rhode Island, to the Congress of the United States, for the term of six years from the 4th of March, 1839.

Mr. B. Hazard stated that the vote he had cast was a blank. There were also two scattering votes.

The act relative to taking oysters in Point Judith Pond, was again read and passed.

Adjourned to 2 1-2 o'clock, P. M.

2 1-2 o'clock, P. M.

The House met according to adjournment.

Mr. King reported resolutions appointing Thursday, the 29th day of November, for a day of Public Thanksgiving; which were adopted.

Act requiring children under twelve years of age, who labor in factories. to attend school 3 months in the year—Referred with instructions to report to next session.

On the bill relative to deposites of the State's quota of the surplus revenue. The amendment authorized to loan the city of Providence, $40,000 of said fund, was so amended, as to authorize loans to other towns, in proportion to the population of said towns, as such funds may be relinquished by the banks where they are on deposite.

The amendment was adopted; and the bill passed.

Resolution to appoint Messrs. Rhodes, J. H. Clark, and Holden, a Committee to inquire into the expediency of instituting a geological survey, and to report at the next session.

Commissioners of Scituate Bank reported that they were progressing in the settlement of the affairs, and that the funds would pay off all demands against the bank, and leave something for stockholders.

Petition St. Luke's Church, South Kingstown, to change name to St. Paul's—Granted.

Petition of G. W. Hazard et. al. relative to school district at Mumford's Mills.— Granted.

Act directing a geological survey of the State postponed to next session.

Act to repeal existing license law for the sale of wines, &c. and to substitute the law contained in the Digest of 1822—Read and discussed.

The question was on the first section of the bill, to repeal the existing laws on the subject.

The question was taken by yeas and nays, and decided in the negative,— yeas 35 nays 29—So the bill was rejected.

The amendment to the existing law, by the Committee, to provide for granting licenses to retail wines and spirituous liquors, in quantities not less than one gallon, nor more than ten gallons, and to physicians to retail in smaller quantities, for medicine, and the arts, then came up for consideration.

Mr. Whipple, of Providence moved to strike out the provisions, "not exceeding ten gallons."

Mr. J. H. Clarke moved to insert, after physicians, and other suitable persons.

Mr. Spencer moved to strike out physicians and substitute suitable persons.

Mr. Spencer's motion prevailed.

Mr. Whipple of Providence moved to strike out, "and to be used in the arts."

The amendment prevailed.

Mr. John James moved to lay the bill on the table.

Mr. Randolph moved to take the question by yeas and nays. The call was sustained, and the yeas and nays taken, as follows—yeas 36, nays 27. So the bill was laid on the table.

Mr. Simmons moved to renew the consideration of the bill from the Committee on the Judiciary—and the House voted, on a division, 27 to 17, to renew the consideration of the bill.

Mr. J. H. Clark then moved that the bill pass.

Mr. C. spoke at some length on the merits of the bill, and in favor of its passage, as the only means of satisfying the public mind, and restoring tranquility. He said legislation must follow it could not lead public opinion.

Mr. John James spoke in opposition to it.

Mr. Simmons also spoke in favor of it.

The question on the first section of the bill was called for and taken, without a division; and the section was adopted.

The second section was then adopted without debate.

The third section (the penal section) underwent some amendments, and was finally adopted.

Mr. John James then moved that the bill be postponed to the next session.

The question was then put on postponement; and on a division, the vote was 34 to 25. So the bill was postponed.

Mr. Randolph then moved, that the operation of the law of June, 1838, be suspended till the close of the next session of the Assembly, together with the operation of the votes of the freemen under it.

A motion to adjourn was carried, and the House adjourned to 7 o'clock.

7 O'CLOCK, P. M.

Resolution from E. R. Potter to suspend the operation of the law of June, 1838, relative to licences, until the close of the next session of the Assembly, and to direct the Attorney not to prosecute for breach of said license law up to this time.

Mr. Randolph accepted Mr. Potter's resolution as a modification of his motion already before the House at the time of adjournment.

Mr. J. H. Clarke was opposed to a suspension of the operation of the law, but in favor of preventing prosecutions, and recommended that the freemen have liberty to try the question anew, at any time prior to the first of December. Mr. Clarke proposed an amendment to this effect; and that it should apply only to the city of Providence. The subject was laid aside for a short time, to allow time to draw out the amendment. with a modification proposed by Mr. Whipple of P.

Several concurrences came down from the Senate.

Petition of school district, No. 7, Tiverton, for leave to raise money to build school house—continued with order of notice.

Petition of Narragansett tribe, for an appropriation to support a free school for the children in the tribe, there being between 50 and 60 in the tribe under 16 years of age, many of whom are destitute of the means of education. The prayer of the petition was granted, and $100 appropriated for the present—increased by the Senate to 125, and concurred.

Petition Silas Ward and of Thomas Brown, guardians, for sale of real estate— continued to next session.

The first resolution of Mr. Potter, to prevent prosecutions for breaches of the license law up to this time, was taken up and passed.

The second resolution from the same gentleman, amended by him, came up, to suspend the operation of the law of June, 1838, to the close of the January session, and to empower city and town authorities to grant licenses to continue up to that time, for the retail traffic in ardent spirits.

Mr. Whipple, of P. moved to restrict the quantity to be sold under such license, to a quantity not less than one gallon, in towns or city where license have been prohibited by vote of the freemen under the law of June, 1838.

Mr. Smith moved an amendment, to the amendment, to permit tavern keepers to sell in quantities less than one gallon, or in other words, exempting them from the operation of the amendment of Mr. Whipple Mr. Simmons moved to amend so as to exclude tavern sales on the Sabbath, which amendment was accepted by Mr. Smith.

The amendment of Mr. Smith was adopted —27 to 10.

The question was then put on the amendment of Mr. Whipple, as thus amended, and decided in the affirmative, 21 to 16. So the amendment was adopted.

The resolution was farther amended by fixing its extension to the 15th of February instead of the close of the January session.

The question was put on the adoption of the resolution, and decided in the affirmative by yeas and nays, as follows—yeas 49, nays 15.—So the resolution was adopted.

On inquiry by the Attorney General, he was directed to drop all prosecutions, commenced by him against persons for the violation of the law of June, 1838.

Mr. Clarke, of Providence, offered a resolution to pay Mr. B. Hazard $500, as counsel for the State, in the case of Rhode Island against Massachusetts, in the Supreme Court of the U. States; and $500 for the payment of other counsel to be associated with Mr. Hazard, by the Governor.

Adopted.

By request, the N. E. Coal Mining Company had leave to withdraw their papers.

Petition of Joseph Veazie, et. al. relative to bank loans, and the subject of alterations in laws relative to banks, were taken up by Mr. J. H. Clarke, a member of the committee to whom the subjects were referred. After some explanation, Mr. Clarke presented a bill to repeal the law to authorise the suspension of specie payments to the first of December, and which limits the amount of discounts.

The House refused to suspend the rule, and the bill was laid on the table.

An appropriation of $1500 was made for building the Providence County Jail.

Sundry accounts against the State, to the amount of $2701 72 presented and allowed.

Concurrences came down from the Senate on the various acts which had been sent up from the House, and not previously returned.

At 11 1-2 o'clock, P. M. the General Assembly adjourned, to meet again at Providence, on the first Monday in January next.

NEWPORT.

WEDNESDAY, NOV. 7, 1838.

The General Assembly adjourned late on Saturday evening last, to meet again in Providence on the first Monday in January.

A full account of the proceedings during the session will be found in our preceding columns, for which we are mainly indebted to the Providence Courier.

NATHAN F. DIXON, of Westerly, was elected on Saturday last a Senator in Congress from this State, for six years from the 4th of March next—vice Asher Robbins, worn out in the Whig service and dropped.

The Louisville Journal, a strong whig paper, in speaking of the conduct of its own party, holds the following language:-

"How strange that men who wear the patriotic name of whigs. should show that their own petty aggrandizement is so much nearer to their hearts than the great interests of their country."