"This Assembly, taking into consideration that Newport is the metropolitan town in this colony, and that all the courts of judicature within this colony are held there; and also, that it is the chief market town in the government; and that it hath very miry streets, especially that leading from the ferry, or landing place, up to the colony house, so that the members of the courts are very much discommoded therewith, and is a great hindrance to the transporting of provisions, &c., in and out of the said towns, to the great loss of the inhabitants thereof:—
"Therefore, be it enacted by this present Assembly, and by the authority thereof it is enacted, that the sum of £289 17s. 3d., now lying in the naval officer's hand, (being duties paid to this colony for importing of slaves), shall be, and is hereby granted to the town of Newport, towards paving the streets of Newport, from the ferry place, up to the colony house, in said Newport; to be improved by their directors, such as they shall, at their quarter meetings appoint for the same.
"And whereas, there was an act of Assembly, made at Newport in the year 1701-2, for the better preventing of fraud, and cozen, in paying the duties for importing of negro and Indian slaves into this colony, and the same being found in some clauses deficient, for the effecting of the full intent and purpose thereof:—
"Therefore, it is hereby enacted by the authority aforesaid, that every master of ship, or vessel, merchant or other person or persons, importing or bringing into this colony any negro slave or slaves of what age soever, shall enter their number, names, and sex in the naval office; and the master shall insert the same in the manifest of his lading, and shall pay to the naval officer in Newport, £3 per head, for the use of this colony, for every negro, male or female, so imported, or brought in. And every such master, merchant, or other person, refusing or neglecting to pay the said duty within ten days after they are brought ashore in said colony, then the said naval officer, on knowledge thereof, shall enter an action and sue [for] the recovery of the same, against him or them, in an action of debt, in any of His Majesty's courts of record, within this colony.
"And if any master of ship or vessel, merchant or others, shall refuse or neglect to make entry, as aforesaid, of all negroes imported in such ship or vessel, or be convicted of not entering the full number, such master, merchant, or other person, shall forfeit and pay the sum of £6, for every one that he shall refuse or neglect to make entry, of one moiety thereof to His Majesty, for and towards the support of the government of this colony; and the other moiety to him or them that shall inform or sue for the same; to be recovered by the naval officer in manner as above said.
"And also, all persons that shall bring any negro or negroes into this colony, from any of His Majesty's provinces adjoining, shall in like manner enter the number, names and sex, of all such negroes, in the above said office, under the penalty of the like forfeiture, as above said, and to be recovered in like manner by the naval officer, and shall pay into the said office within the time above limited, the like sum of £3 per head; and for default of payment, the same to be recovered by the naval officer in like manner as aforesaid.
"Provided always, that if any gentleman, who is not a resident in this colony, and shall pass through any part thereof, with a waiting man or men with him, and doth not reside in this colony six months, then such waiting men shall be free from the above said duty; the said gentleman giving his solemn engagement, that they are not for sale; any act or acts, clause or clauses of acts, to the contrary hereof, in any ways, notwithstanding.
"Provided, that none of the clauses in the aforesaid act, shall extend to any masters or vessels, who import negroes into this colony, directly from the coast of Africa.
"And it is further enacted by the authority aforesaid, that the money raised by the impost of negroes, as aforesaid, shall be disposed of as followeth, viz.:
"The one moiety of the said impost money to be for the use of the town of Newport, to be disposed of by the said town towards paving the streets of said town, and for no other use whatsoever, for and during the full time of seven years from the publication of this act, and that £60 of said impost money be for, and towards the erecting of a substantial bridge over Potowomut river, at or near the house of Ezekiel Hunt, in East Greenwich, and to no other use whatsoever.
"And that Major Thomas Frye and Capt. John Eldredge be the persons appointed to order and oversee the building of said bridge, and to render an account thereof, to the Assembly, and the said Major Frye and Capt. Eldredge to be paid for their trouble and pains, out of the remaining part of said impost money, and the remainder of said impost money to be disposed of as the Assembly shall from time to time see fit."[463]
And in October, 1717, the following order passed the assembly:—
"It is ordered by this Assembly, that the naval officer pay out of the impost money on slaves, £100, to the overseer that oversees the paving of the streets of Newport, to be improved for paying the charges of paving said streets."[464]
The fund accruing from the impost-duty on slaves was regarded with great favor everywhere, especially in Newport. It had cleaned her streets and lightened the burdens of taxation which rested so grievously upon the freeholders. There was no voice lifted against the iniquitous traffic, and the conscience of the colony was at rest. In June, 1729, the following Act was passed:—
"An Act disposing of the money raised in this colony on importing negro slaves into this colony.
"Forasmuch as there is an act of Assembly made in this colony the 27th day of February, A.D. 1711, laying a duty of £3 per head on all slaves imported into this colony, as is in said act is expressed; and several things of a public nature requiring a fund to be set apart for carrying them on:—
"Be it therefore enacted by the General Assembly, and by the authority of the same it is enacted and declared, that henceforward all monies that shall be raised in this colony by the aforesaid account, on any slaves imported into this colony, shall be employed, the one moiety thereof for the use of the town of Newport, towards paving and amending the streets thereof, and the other moiety, for, and towards the support, repairing and mending the great bridges on the main, in the country roads, and for no other use whatsoever; any thing in the aforesaid act to the contrary, in anywise notwithstanding."[465]
It is wonderful how potential the influence of money is upon mankind. The sentiments of the good people had been scattered to the winds; and they had found a panacea for the violated convictions of the wrong of slavery in the reduction of their taxes, new bridges, and cleansed streets. Conscience had been bribed into acquiescence, and the iniquity thrived. There were those who still endeavored to escape the vigilance of the naval officers, and save the three pounds on each slave. But the diligence and liberality of the authorities were not to be outdone by the skulking stinginess of Negro-smugglers. On the 18th of June, 1723, the General Assembly passed the following order:—
"Voted, that Mr. Daniel Updike, the attorney general, be, and he hereby is ordered, appointed and empowered to gather in the money due to this colony, for the importation of negroes, and to prosecute, sue and implead such person or persons as shall refuse to pay the same; and that he be allowed five shillings per head, for every slave that shall be hereafter imported into this colony, out of the impost money; and that he be also allowed ten per cent. more for all such money as he shall recover of the outstanding debts; and in all respects to have the like power as was given to the naval officer by the former act."[466]
The above illustrates the spirit of the times. There was a mania for this impost-tax upon stolen Negroes, and the law was to be enforced against all who sought to evade its requirements. But the Assembly had a delicate sense of equity, as well as an inexorable opinion of the precise demands of the law in its letter and spirit. On the 19th of June, 1716, the following was passed:—
"It is ordered by this Assembly, that the duty of two sucking slaves imported into this colony by Col. James Vaughan, of Barbadoes, be remitted to the said James Vaughan."[467]
It was not below the dignity of the Legislature of the colony of Rhode Island to pass a bill of relief for Col. Vaughan, and refund to him the six pounds he had paid to land his two sucking Negro baby slaves! In June, 1731, the naval officer, James Cranston, called the attention of the Assembly to the case of one Mr. Royall,—who had imported forty-five Negroes into the colony, and after a short time sold sixteen of them into the Province of Massachusetts Bay, where there was also an impost-tax,—and asked directions. The Assembly replied as follows:—