passed a vote for taking the sense of the inhabitants at large upon the question of Independence; but the Upper House represented to them that it would probably be discussed in Congress before the sense of the inhabitants could be taken and transmitted to the Delegates, in which case the Colony would lose their voice, as the Delegates would be laid under the necessity of waiting for instructions from their constituents; and further observed, that the Delegates, when they should receive a copy of the vote renouncing allegiance to the British King, and their instructions, could not possibly be at a loss to know the sentiments of the General Assembly. Upon this the matter was dropped.

I have the satisfaction, also, to inform your Excellency that, at a very full town-meeting of the inhabitants of Newport, held last Monday, it was unanimously voted to enter into the defence of the town; and last Thursday a considerable body of them began to work upon the fort to be erected upon Brenton’s Point. This happy event I have great hopes will make us a united people, and root up every seed of disaffection in the Colony.

I take the liberty once more to press your Excellency in behalf of the Colony, the defence of which must be abandoned, unless we receive assistance from the Congress.

I am, with great respect, sir, your most obedient and most humble servant,

NICHOLAS COOKE.

To His Excellency General Washington.

P. S. By this day’s post I have forwarded to Mr. Hopkins an instruction from the General Assembly, directing him to make immediate application to Congress to put our troops upon the Continental establishment.

Whereas, it hath incontestably appeared to this Assembly that Henry Babcock, Esq., Colonel of a Regiment in the service of this Colony, is at times deprived of the perfect use of his reason, and thereby rendered unfit to command; it is voted and resolved, that the said Henry Babcock be, and he is hereby dismissed from the command of said Regiment; and that office is hereby declared vacant.

A true copy—Witness:

HENRY WARD, Secretary.

An Act Repealing an Act entitled “An Act for the more effectual securing to his Majesty the allegiance of his Subjects in this his Colony and Dominion of RHODE- ISLAND AND PROVIDENCE PLANTATIONS,” and altering the form of Commissions, of all Writs and Processes in the Courts, and of the Oaths prescribed by law.

Whereas in all States existing by compact, protection and allegiance are reciprocal, the latter being only due in consequence of the former: And whereas George III., King of Great Britain, forgetting his dignity, regardless of the compact most solemnly entered into, ratified, and confirmed, to the inhabitants of this Colony by his illustrious ancestors, and till of late fully recognized by him; and entirely departing from the duties and character of a good King, instead of protecting, is endeavouring to destroy the good people of this Colony, and of all the United Colonies, by sending Fleets and Armies to America, to confiscate our property, and spread fire, sword, and desolation, throughout our country, in order to compel us to submit to the most debasing and detestable tyranny; whereby we are obliged by necessity, and it becomes our highest duty; to use every means with which God and nature has furnished us, in support of our invaluable rights and privileges, to oppose that power which is exerted only for our destruction:

Be it, therefore, enacted by this General Assembly, and by the authority thereof it is enacted, That an act entitled “An Act for the more effectual securing to his Majesty the allegiance of his subjects in this his Colony and Dominion of Rhode-Island and Providence Plantations,” be, and the same is hereby, repealed.

And be it further enacted by this General Assembly, and by the authority thereof it is enacted, That in all commissions for offices, civil and military, and in all writs and processes in law, whether original, judicial, or executory, civil or criminal, wherever the name and authority of the said King is made use of, the same shall be omitted; and in the room thereof the name and authority of the Governour and Company of this Colony shall be substituted, in the follow ing words, to wit: “The Governour and Company of the English Colony of Rhode-Island and Providence Plantations;” that all such commissions, writs, and processes, shall be otherwise of the same form and tenour as they heretofore were; that the courts of law be no longer entitled or considered as the King’s courts; and that no instrument in writing of any nature or kind, whether publick or private, shall in the date thereof mention the year of the said King’s reign: Provided, nevertheless, That nothing in this act contained shall render void, or vitiate any commission, writ, process, or instrument, heretofore made or executed, on account of the name and authority of the said King being therein inserted.

And be it further enacted by the authority a foresaid, That the oaths or engagements to be administered to the officers appointed in this Colony shall be as follows, to wit:

General Officers.—“You, .  .  .  .  , being by the free vote of the freemen of this Colony of Rhode-Island and Providence Plantations elected unto the place of .  . .  .  ., do solemnly engage to be true and faithful unto this said Colony, and in your said office equal justice to do unto all persons, poor and rich, within this jurisdiction, to the utmost of your skill and ability, without partiality, according to the laws established, or that may be established, by the General Assembly of this Colony, as well in matters military as civil; and this engagement you make and give upon the peril of the penalty of perjury.”

Deputies.—“You,  .  .  .  ., being chosen to the place of a Deputy, to sit in the General Assembly, do solemnly engage, that you will be true and faithful to the Colony of Rhode-Island and Providence Plantations; and that you will do equal right and justice to all persons who shall appeal unto you for your judgment in their respective cases, according to the laws established, or that may be established, by the General Assembly of this said Colony; and this engagement yon make and give upon the peril of the penalty of perjury.”

Judges of the Superior Court.—“You,  .  .  .  ., being by the General Assembly of this Colony chosen to the place of a Justice of the Superior Court of Judicature, Court of Assize, and General Jail Delivery, in and throughout the Colony, do solemnly engage to be true and faithful to this said Colony, and to execute the office unto which you are chosen as aforesaid, with fidelity, to the best of your skill and knowledge, according to the laws established, or that may be established, by the General Assembly of this said Colony; and this engagement you make and give upon the peril of the penalty of perjury.”

[Publick Notaries, Clerks of the Superior and Inferior Courts, Justices of the Inferior Courts, and Sheriffs, to take the same oath as the Justices of the Superior Courts, mutatis mutandis. ]

Grand Jurors.—“You, A B, being of the Grand Inquest, on behalf of the Governour and Company of the English Colony of Rhode-Island and Providence Plantations, do hereby promise to make a true return to this Court of all such bills as shall be presented to you, or such breakers of law as shall come to your knowledge; and this engagement you make and give upon the peril of the penalty of perjury.”

Petit Jurors in Civil Causes.—“You, A B, being of this Jury of Trials, shall well and truly try the issue of this case, and all cases that shall be committed unto you from this Court, between the parties plaintiff and defendant, according to law and evidence; and to keep together until you agree of a verdict in the case or cases committed to you, and make true return of the verdict or verdicts unto this Court, and to keep your own and fellows’ secrets; and this engagement you make and give upon the peril of the penalty of perjury.”

Petit Jurors in Criminal Cases.—“You, A B, being of this Jury of Trials, shall well and truly try, and true deliverance make, between the Governour and Company of the English Colony of Rhode-Island and Providence Plantation