Rhode Island American

GENERAL ASSEMBLY.

[REPORTED FOR THE JOURNAL AND AMERICAN.]

HOUSE OF REPRESENTATIVES.

Tuesday morning, January 11.—The House formed a quorum and proceeded to business. Wednesday was assigned for the trial of the Docket of Petitions. Four private petitions were received—nine petitions of convicts for liberation were received and referred to the Committee on that subject. Two petitions for Lotteries granted [one of which is from the 4th Baptist Society in Providence] and one laid on the table. Petition of Josiah Williams, and others [for a Bank] received and referred to Messrs. Bullock and Carrington. Petition of Silvanus G. Martin, and others, for a new Bank, was referred to Messrs. Simons and Sprague. Petition of Seth Hunt, Jun. and others. for a Bank, referred to Messrs. Carrington, Bullock, Sprague and Simons. A bill in amendment of an act to prevent hawking and peddling, passed. Messrs. A. Robbins and E. R. Potter were appointed a Committee to report if any, and what amendments were necessary to the Insolvent Act.

Afternoon.—Two private petitions were read and received. Petition of William Church, and others, to enlarge the capital stock of Eagle Bank, was referred to Messrs. J. Thurston, C. E. Robbins, Hunter, Sprague and E. R. Potter.

Mr. Hazard offered a resolution that it is not expedient to grant any additional Banks in this State, or to increase the capital of any one already granted, the consideration of which was postponed to Friday morning

A bill in amendment of the act empowering the United States to hold land for fortifications, the object of which was to repeal the second section of the present act, and to confine to the Legislature the power of approval, &c. of the cession of jurisdiction which now is vested in his Excellency the Governor, was taken up, and gave rise to some little discussion of constitutional questions, after which the further consideration of the subject was postponed to the next session. A bill relative to the sale of real estate, in certain cases was referred to Messrs. A. Robbins and E. R. Potter.

The bill increasing the number of Representatives of certain towns was called up, and postponed to Friday next. House adjourned to 9 o'clock, Wednesday morning

—Wednesday morning.—House met. In the absence of the Speaker, Mr. Bridgham, of Providence, was appointed Speaker pro tem. Five private petitions were read and received. Also, two petitions from convicts. Petition for a Turnpike Road through Johnston and Glocester to Connecticut line was received, and after some discussion on the part of Counsel, was continued under order of notice, &c. One petition of insolvent debtor not received. Petition to revive the Charter of the Abbot Run Association, was received and granted.

Mr. A Robbins from the Committee on the Northern Boundary Line of the State, reported a provision for submitting a proposition to the Legislature of Massachusetts to settle the line by arbitration, empowering the Governor of this State to agree upon the arbitrators, the time of their meeting, &c. and directing him to submit this act to the Executive of Massachusetts—which was ordered to lie on the table.

Mr. Robbins also from the Committee on the sale of real estate on execution, reported in part a provision relative to the right of the debtor to redeem his estate under such circumstances, and extending to him similar privileges to those granted to a mortgagor. The Committee were ordered to bring in a bill conformable to these principles.

At half past 10 o'clock. the two Houses joined to call up the order of the day in the trial of the docket of private petitions, which occupied the forenoon. Seven petitions were continued, two granted, and one withdrawn; the trial of one of which occupied two hours and a half, when the House adjourned to three o'clock, not having decided upon it.

Wednesday afternoon.—The House met at three o'clock. Two private petitions were read and received. The Speaker stated he had received a package from the Hon. N. R. Knight, Senator in Congress, containing the publick documents printed by order of Congress, which were at the service of the members. He also stated he had received a communication directed to him as Speaker of the House, and as it was addressed in respectful language, his duty required him to read it to the House. (A literal copy of this petition, which was from John Martin, broker, of this town, was sent us by our Reporter, but we have not room to publish the curiosity, to-day.) Several members called for a second reading, which was opposed by others and finally given up, and thereupon the petition was rejected nem. con.

Mr. Childs, from the committee on the returns of the town clerks, respecting licences, reported an additional act requiring the clerks to specify the kinds of licences on which taxes were received, and to make their report in accordance with a form to be provided by the General Treasurer—which was ordered to lie on the table.

Mr. C. E. Robbins, in behalf of the committee on the petition of Mrs. Rebecca Truro, for compensation to the agent employed in repairing and preserving the Jewish Synagogue at Newport, stated that by the will of Abraham Truro of Boston, ten thousand dollars were given to the Legislature of Rhode-Island, in trust, to be appropriated, under the direction of the Town Council of Newport, to the repairs and preservation of the Jewish Synagogue in that town, and that the act passed by the Legislature in Jan. 1823, provided for the compensation of the agent employed for these purposes, and that the committee desired to be discharged from the further consideration of the subject—which was agreed to.

Mr. A. Robbins, from the committee on sale of real estates on execution, reported a bill, giving to the original owner of the estate so sold, (on tendering to the purchaser the purchase money and 12 per cent, agreeably to the present law) in case such purchaser should refuse to reconvey, the right to bring his bill in equity, under similar provisions with those pointing out the mode of proceeding in cases of mortgage of real estate, which was laid on the table

The Honourable Senate then joined the House, and the trial of the Docket was resumed in Grand Committee.

The petition of Stephen Brown and others, which had occupied a considerable part of the forenoon was taken up, and the counsel for the petitioner closed the case in an argument at length. Some legislative, as well as equitable principles of considerable interest were involved in this case. The facts briefly were—that John Carpenter, Jr. the natural son of John Carpenter, was supposed to have been lost at sea, not having been heard from for several years. His only connexion, except his father, the mother having deceased, was the wife of the present petitioner, a natural sister. In 1815, the Legislature granted to John Carpenter, senior, administration upon the estate of John Carpenter, jun. (although the three years required by law, to authorize a court of probate to appoint an administrator had not expired) on the ground of enabling him to receive the property of the absentee, about seven hundred dollars which he had obtained in privateering, and to receive which the young Carpenter had given the elder a power of attorney, which however
became ineffectual on his supposed death. Carpenter, the father, had since died and his estate was represented insolvent. The object of the petition under consideration was the appointment of Brown and his wife administrators de bonis non, the effect of which would be that the natural sister would come in possession of the property of her brother, and if the estate of the elder Carpenter was insufficient the sureties on his administration bond would have to account for the property. There being no kin, and no creditors, the town of Providence, where the supposed deceased belonged, were alone entitled to the administration in law, but this right they had appeared not disposed to avail themselves of, and the Town Council had refused to appoint Brown and wife administrators—they not being entitled to it by law. The question on the petition was whether they were equitably entitled to the administration.

J. L. Tillinghast, Esq. was counsel for the petitioners, and Messrs. Richmond and Pratt opposed it for the bondsmen of the elder Carpenter, and also in behalf of the Town-Treasurer of Providence.

The case having been argued at great length, Mr. Bridgham, of Providence, opposed granting the prayer of the petition. The Town of Providence, he said, had no disposition to avail themselves of a single farthing of the property of the deceased, nor to deprive the sister of it, but it was their duty to see the innocent bondsmen were not made to suffer, after the Legislature had suffered the elder Carpenter to receive and spend the property. He considered that the Legislature by granting administration to the putative father, meant to determine that the property should go to him, on the ground of his equitable claim, which was superior to the claim of the natural sister (the case not being brought within the new law which enables illegitimate children to inherit from their mother, and vice versa, as it could not be made to appear John Carpenter, Jun. had deceased since that law took effect). The elder Carpenter had accordingly received the property, and had spent it. The Town of Providence who alone had any right to call upon him to account for the property, never having done so, and the object of the present petition was to have the property called up, which must come out of the sureties on the elder Carpenter's administration bond. He thought the Legislature having granted to certain Courts the jurisdiction of appointing administration, had no right to interfere, and that the petitioners ought to be referred back to the Court of Probate, and if they again refused to grant them administration, they might appeal to the Supreme Court, the highest tribunal of Probate, in the State. Messrs. A. Robbins, Dixon, Hunter and Bicknell opposed granting the petition on similar grounds, and Mr. Bullock advocated it at some length, when the question was taken, and the prayer of the petition rejected by a large majority.

The two Houses then separated, and the House adjourned at 6 o'clock. [The trial of this petition occupied nearly five hours. The arguments of the members, and particularly the lucid remarks of the Hon. Mr. Hunter, are well worthy of record, but from the isolated nature of the question, and the abstract principles involved, it is presumed they would not be appreciated by the generality of readers on which account they are omitted. Ten petitions were disposed of this day.]

Thursday Morning, 9 o'clock.—The House having met, and several private petitions having been read and received, the Senate joined in Grand Committee, and the trial of the Docket was resumed, and 49 petitions were disposed of. The House then adjourned to 3 o'clock, P. M.