USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 27
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PUBLIC RECORDS
[May,
An Act in further Addition to an Act entitled An Act for forming and regulating the Militia and for the Encouragement of Military Skill for the better Defence of this Colony.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the major generals, or either of them, within this State shall be and are hereby impowered and authorized, with or without orders of the Captain General or Commander in Chief, if occasion shall require upon any alarm or invasion, or notice of the appearance of an enemy either by sea or land, to assemble in martial array and put in warlike posture the whole or any part of the brigades or regiments of militia of any denomination within this State or any parts of them, which he may think needfull, and the same to order, lead, conduct or employ, for assisting, succouring or relieving any of the inhabitants of the United States, forts, towns or places, attacked by an enemy or in danger thereof, as well out of the limits of this State as within the same, as the exigency and circumstances of the case shall require, for the safety and defence of this and the neighbouring governments, in like manner as colonels and chief officers of regiments are by law enabled to do within their respective regiments; and they are to send intelligence to the Captain General, and attend and observe such directions and orders as he or they may receive from him: And the brigadiers general shall have the same power and authority within their respective brigades and shall proceed in like manner on like occasions, and shall give intelligence to either of said major generals, and act according to such orders as they shall receive from him or the Captain General or Commander in Chief, and such major general shall communicate such intelligence to the Captain General or Com- mander in Chief and receive his orders for his further conduct.
Provided nevertheless, That nothing in this act shall be construed to supercede or alter the power of the several colonels or commanders of regiments, to call forth and assemble their regiments in manner and for the purpose as mentioned and directed by law, giving intelligence to the Captain General or Commander in Chief or to the next major general or brigadier general, and to obey such further orders as he or they may receive from any superior officer : such major or brigadier general to communicate any intelligence they may receive from such colonels or commanding officers to the Captain General or Com- mander in Chief and attend such orders as he or they may receive from him.
An Act in Addition to and Alteration of an Act of [this] State entituled An Act to prevent Monopolies and Oppression by excessive and unreasonable Prices for many of the Necessaries and Conveniencies of Life.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That for the future the price of pork weighing eight score or under shall not exceed three pence half-penny, from eight to ten score not to exceed
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three pence three farthings, and all above ten score not to exceed four pence per pound ; good West India rum not to exceed eight shillings per gallon per hogshead, nine shillings and sixpence per single gallon, and two shillings and sixpence per quart, and so in like proportion for less quantities according to the accustomed usages for retailing small quantities, with the other allowances as stated by said act; New England rum not to exceed five shillings per gallon per hogs- head, five and sixpence per gallon by the barrell, six shillings per single gallon, and one shilling and sixpence per quart, and so in like proportion for smaller quantities, with the allowance according to said act; best Muscovado sugar not to exceed three pounds six shillings per hundred per hogshead, three pounds twelve shillings by single hundred weight, and ten pence per pound at the first port of delivery, with allowance for transportation according to said act; Ameri- can manufactured cheese of the best quality in each year in which the same is made and untill the first day of March next following, not to exceed sixpence per pound, and after that time seven pence half-penny ; best neat leather shoes not to exceed eight shillings and sixpence per pair; salted pork per barrell of the quantity stated in said act not to exceed four pounds twelve shillings ; good yard-wide tow cloth not to exceed two shillings and ninepence per yard, and so in proportion according to its quality; rye shall not exceed four shillings per bushell; wheat flour not to exceed twenty shillings per hundred, gross weight; molasses not to exceed four shillings and sixpence per gallon per hogshead, and five shillings and threepence per single gallon at the first port of delivery, with allowance according to said act.
And be it further enacted by the authority aforesaid, That the said act, so far only as it respects the price of salt and beef, be and the same is hereby repealed.
And it is further enacted by the authority aforesaid, That if any person shall be guilty of the breach of this act, in any part thereof, he shall be subject to the same prosecution and, on conviction, to the same pains and penalties as in said former act is provided.
An Act to prevent the Currency of any Paper Bills in this State except those emitted by this Assembly or by Order of the United States.
Whereas this Assembly at their sessions in October last passed an act establishing the currency of the bills of credit emitted by the United States of America and those emitted by this Assembly, and made them a legal tender in all payments within the same, which bills together with the silver and gold passing within this State afford a sufficient medium of trade, and the circulation of paper bills emitted by any other of the States has a natural tendency to depreciate the continental bills: Which to prevent,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That from
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PUBLIC RECORDS
[May,
and after the first day of August, A.D. 1777, no person within this- State shall receive any paper bills in payment for any article of com- merce, or for any debt or demand whatsoever, except the bills emitted by this or the United States, on the penalty of forfeiting and paying to the treasury of the county in which such payment shall be made a sum not exceeding fifty pounds, and not less than forty shillings, as the circumstances of the case shall appear, to be determined by the court before whom the complaint shall be made and prosecuted.
And it is further enacted, That whoever shall prosecute any breach of this act to effect before any court proper to try the same shall be entituled to one half the penalty that shall be so recovered with his just costs, the other half of the penalty to be paid into the county treasury where the prosecution shall be made if judgment is obtained at the county or superior court; if judgment is obtained before a justice of the peace, then said half of said fine to be paid into the treasury of the town where said tryal is had.
An Act for exempting those Persons in this State commonly stiled Separates from Taxes for the Support of the established Ministry and building and repairing Meeting-Houses.
Whereas there are some churches in this State of persons profess- ing themselves to be strict congregationalists, who notwithstanding have separated from the churches and congregations established by the laws of this State, and are yet liable to pay taxes for supporting the ministry, building and repairing meeting-houses for the use of the established churches,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That all such persons as profess themselves to be strict congregationalists but have nevertheless separated as aforesaid from the churches and con- gregations established by the laws of this State, and are situated so near to any church of such separatists where there is a minister or- dained and abiding, performing divine service, and where the ordi- nances and sacraments of the gospel are regularly and at stated times administered, that he or they can and do constantly attend divine and public worship in and with such church, and contribute his or their reasonable proportion to support and maintain the same in such way and manner as such church shall esteem most reasonable and just, and on such person or persons producing a certificate from such church of his constant and uniform attendance with such church in their seasons of divine worship and of his or their contributing their proportion for support of the ministry thereof and their places of worship for the time being as judged reasonable by such church, he or they shall be exempted from the payment of any tax for the sup- port of the ministry or building and repairing meeting-houses for the established churches in this State, so long as he or they continue thus to do; any law, usage or custom to the contrary notwithstanding. And every person claiming the benefit of this act shall be disqualified
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OF CONNECTICUT.
1777.]
to vote in any society meeting, save only for granting taxes for the support of schools and for the establishment of rules and regulations for schools and the education of children in them. Provided also, that the names of all such persons who shall attend public worship with such separate church and congregation and otherwise qualify themselves to take the benefit of this act, be by the church with whom they claim to attend transmitted to and lodged with the clerk of the society wherein such person dwells some time in the month of October annually, with a certificate underwritten, signed and attested by the minister, elder or deacon of such church, that such persons therein named have attended their meetings and done their part and propor- tion for the support of the ministry and worship in the judgment of the major part of the church with whom such persons separating as aforesaid claim to have attended, according to the true intent of this act.
And be it further enacted, That all such churches and congrega- tions of separatists as aforesaid shall have and enjoy full liberty to use and exercise the same powers and privileges for the maintaining and supporting their respective ministers, building and repairing meeting- houses for divine worship, as the ecclesiastical societies established by the laws of this State have and do enjoy and exercise; and in the same way and manner may commence, warn and hold their meetings, and direct their proceedings from time to time as occasion shall re- quire for the purpose aforesaid.
An Act in further Addition to the Law entitled An Act providing in Case of Sickness.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person shall hereafter within the limits of any town in this State re- ceive, give or communicate the infection of the small-pox by way of inoculation, or in any such like method, without first obtaining a cer- tificate from the major part of the civil authority and of the selectmen of such town approving of and permitting the same; nor shall any person be aiding or assisting therein without such liberty first obtained as aforesaid.
And be it further enacted, That the civil authority and selectmen in any town in this Colony shall not grant permission for the small- pox to be communicated by inoculation untill the approbation of such town be first had and obtained by the vote of two-thirds of the voters assembled in legal town meeting, excepting it be unto persons belong- ing unto the continental army, officers or soldiers, and also in such case where any person shall make it appear fully to the satisfaction of the said authority and selectmen, that he or she hath been involun- tarily exposed to take the infection, and probably hath thereby taken and received the same in the natural way.
And be it further enacted, That whenever the civil authority and selectmen shall grant liberty and permission to inoenlate as aforesaid,
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PUBLIC RECORDS
[May,
they are directed and required to assign the place, house or houses, where it shall be carried on, and the infected persons shall be kept; and to appoint or approve of the nurses or tenders employed, give orders respecting the time the persons infected, their nurses and tenders shall continue in the places appointed, and also respecting their cleansing and coming out, and such other orders and directions as shall be judged most expedient for preserving the inhabitants from taking the infection ; for which service a meet recompence shall be paid by those concerned, or some of them, to said authority and select- men. That in case any person shall presume voluntarily to receive, take, give or communicate the small-pox directly or indirectly, con- trary to the true intent and meaning of this act, or be aiding or assist- ing therein, such offender shall forfeit and pay to the Treasurer of this State the sum of fifty pounds for every such offence. And any person who shall transgress any of the rules or orders made or given in pursuance of this act, such transgressor shall forfeit and pay to the treasurer of the town where the offence shall be committed the sum of eight pounds: Provided nevertheless, that all such persons and all others shall be subjected to and under the regulations of the law aforesaid, entitled An act providing in case of sickness, in every case wherein other or different provision is not herein made concern- ing the same. And whenever any person shall be brought to tryal for the breach of this act in communicating or receiving the small- pox, aiding or assisting therein, such person shall be deemed and ad- judged guilty thereof, although the complainant shall not be able to produce any other proof than to render it probable; unless such per- son shall make oath before the court before whom such person is on tryal, that he or she have not voluntarily, directly or indirectly, given or received said infection, either by inoculation or any way or means whatsoever; which oath the said court are hereby impowered to ad- minister. And all informing officers are hereby impowered and re- quired to inform against all and every person and persons who shall transgress this act or any rules and orders made in pursuance of this act.
And be it further enacted, That the statute made and passed by this Assembly in May, 1761, entituled An act in further addition to the law entitled An act providing in case of sickness, be and the same is hereby repealed.
An Act for reviving and continuing an Act of this Assembly made and passed at the Sessions of this Assembly in December last for preventing the Distilling of Spirituous Liquors from Grain.
Whereas said act was to continue in force untill the rising of this Assembly and no longer,
Be it therefore enacted by the Governor, Council and Representa- tives, in General Court assembled, and by the authority of the same, That the said act be revived, and the same is hereby revived and shall continue and be in force untill the rising of this Assembly in October next.
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OF CONNECTICUT.
1777.]
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Articles, Rules and Regulations for preserving Order, Good Government and Discipline among the Militia and other Forces of this State when called to actual Service for the Defence and Security of the Same.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the following articles shall be observed for the purpose aforesaid :
SECTION 1ST.
ART. 1. All officers, non-commissioned officers and soldiers, when the safety and good of the service permits, shall with decency and reverence attend divine service at the place appointed for that pur- pose, on penalty of being by the judgment of a court martial mulct of the whole of his or their wages for one day respectively.
ART. 2. Any officers, non-commissioned officers or soldiers, who shall use any unlawfull oath or execration shall incur the penalty ex- pressed in the first article.
ART. 3. Any officer, non-commissioned officer or soldier, who shall behave himself with contempt or disrespect towards the general or gen- erals or commander in chief, or shall speak words tending to his or their hurt or dishonour, or shall begin, excite, cause or join in any mutiny or sedition in the regiment, troop, company, garrison, party, post, detachment or guard, to which he belongs, or in any other corps or party of the militia or forces of this State or the United States, or shall not use his utmost endeavours to suppress any mutiny or sedi- tion where he is present, or knowing of any mutiny or intended mutiny shall delay to give information to the commanding officer, such officer, non-commissioned officer or soldier shall suffer such punishment as shall be inflicted, according to the nature of the offence, by the sentence of a court martial.
ART. 4. Any officer or soldier who shall strike his superior officer, or shall draw or offer to draw or lift up any weapon or offer any vio- lence against him, being in the execution of his office, or shall disobey his lawfull commands, shall suffer such punishment as shall be in- flicted, according to the nature of the offence, by the sentence of a court martial.
ART. 5. Any non-commissioned officer or soldier who shall desert or, without leave of his commanding officer, absent himself from the troop, company or party to which he belongs, shall be punished ac- cording to the nature of his offence by the judgment of a court martial.
ART. 6. Any officer or soldier being convicted of advising or encouraging any other officer or soldier to desert shall suffer such punishment as shall be ordered by the sentence of a general court martial.
ART. 7. All officers shall have right to quell quarrels, frays and disorders, though in any other corps, and to order in arrest or con- finement the persons concerned ; and whosoever shall offer any vio- lence to such officer, though of an inferior rank, shall be punished at the discretion of a court martial.
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PUBLIC RECORDS
[May,.
ART. 8. All challengers, duellers and seconds, and all who shall aid or abet therein, shall be dealt with according to the nature of his offence agreeable to the laws of war by the judgment of a court martial.
ART. 9. Any officer or soldier who shall use any reproachfull or provoking speeches or gestures to another, or shall behave disorderly or use any menacing words or contemptuous carriage in presence of a court martial, shall be punished according to the nature of his offence.
ART. 10. Any non-commissioned officer or soldier who shall in camp, garrison, quarters, or on a march, offer any violence to any inhabitant, or commit any outrage on him or his goods, or shall plunder any house or other building, or any field, garden or lot, of any effects, or shall kill, wound or destroy any cattle, sheep, hogs, fowls, or any other creature belonging to any of the good people of this State, or shall by threatning or otherwise force or compel any of the inhabitants to loan, give or sell, any horse, carriage, victuals, liquor, entertainment, or any other thing, shall be punished, accord- ing to the nature of his offence, by the judgment of a court martial, and reparation shall be made to the party injured by paying him the wages due to the offender, or by delivering him over to the civil authority to be dealt with according to the law of the land as the case may require; and any officer who shall command on a march or in camp, garrison or quarters, who shall refuse or neglect to see justice done herein, shall on proof thereof before a general court martial be cashiered and otherwise suffer such penalties as such offender ought to have done.
ART. 11. No non-commissioned officer or soldier shall be found one mile from camp without leave in writing from his superior officer: No officer or soldier shall lie out of his camp or quarters without leave from his commanding officer: All non-commissioned officers and soldiers shall at retreat-beating retire to their quarters: All officers, non-commissioned officers and soldiers shall at the times prefixed by the commanding officer immediately repair to the parade, alarm post, or other place of rendezvous, and there shall remain untill duly dis- missed or relieved; any who shall offend herein shall be punished, according to the nature of his offence, by the judgment of a court martial.
ART. 12. Any commissioned officer found drunk on guard or other duty under arms shall be cashiered: Any non-commissioned officer or soldier so offending shall suffer such punishment as shall be inflicted by the sentence of a court martial.
ART. 13. Any centinel found sleeping on his post, or who shall leave it before relieved, shall suffer such punishment as a court mar- tial shall order.
ART. 14. Any person who shall designedly make a false alarm, or any officer or soldier who shall without urgent necessity leave his platoon or division, shall be punished, according to the nature of his offence, by the judgment of a court martial.
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OF CONNECTICUT.
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ART. 15. Any officer, non-commissioned officer or soldier who shall leave his post in time of an engagement, to go in search of plunder, shall suffer such punishment as a general court martial shall inflict.
ART. 16. Any officer or soldier who shall by his influence cause or excite the officers or soldiers of any post, to compel the command- ing officer of any post or garrison to give it up to the enemy or to abandon it, shall suffer death or such other punishment as a general court martial shall inflict.
ART. 17. Any officer or soldier who shall make known the parole or countersign to any who is not entitled to receive it, or shall give a false parole or watch-word to any who are entitled to receive it, shall suffer death or such other punishment as a general court martial shall inflict.
ART. 18. Whatsoever officer or soldier shall relieve the enemy with money, victuals, or arms or ammunition, or shall knowingly harbour or protect an enemy, or shall hold a correspondence with or give intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a general court martial shall inflict.
ART. 19. Whatsoever officer or soldier in time of an engagement shall traiterously and evidently be aiming to decoy or betray any corps, party or detachment, into the hands and power of the enemy, shall suffer death or such other punishment as a general court mar- tial shall inflict.
ART. 20. Whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or endeavour by words to induce others to do the like in time of an engagement, shall suffer death or such other punishment as a general court martial shall inflict.
ART. 21. No non-commissioned officer or soldier shall sell, waste, destroy or embezzle any arms, ammunition or other warlike stores belonging to and delivered to him for the service of this State, on pain of being punished according to the nature of his offence and being mulet of his pay to the value of the thing so sold or wasted, by the sentence of a court martial.
ART. 22. All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of to the prejudice of good order and military discipline, though not mentioned in these articles, are to be punished by courts martial according to the nature and degree of [the] offence.
SECTION 2D.
ART. 1. All general courts martial and for the tryal of capital offences shall be appointed by the captain general, the lieutenant gen- eral, or a major general or a brigadier general commanding in a separate post of this State for the time being, and the names and rank of the members be included in such appointment.
ART. 2. Every general court martial shall consist of thirteen
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[May,
members, the senior in rank to be president, who shall not be under the rank of a colonel.
ART. 3. All courts martial not general shall be appointed and the members named by the colonel or commanding officer of the regiment to which the offender who is to be tryed belongs.
ART. 4. The sentence of any court martial shall not be put in execution untill the same be approved, and the execution ordered by him who appointed the said court, and no sentence for a capital offence shall be put in execution without being first laid before the captain general for the time being and by him approved of.
ART. 5. All the members of a court martial shall behave with decency and calmness, and shall begin with the youngest in rank to give their opinions.
ART. 6. All regimental courts martial shall consist of five mem- bers, unless in cases where not more than three can be had : all shall be commissioned officers.
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