USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 28
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ART. 7. No field officer shall be tryed but by a general court mar- tial; nor in those cases shall any member be below the degree of a captain.
ART. 8. No regimental court martial shall sentence any prisoner to receive a greater punishment for one offence than thirty-nine stripes.
ART. 9. All offenders who are confined shall have their tryal as soon as the nature of the case and the situation of the service will admit; and the crime shall be given in in writing before the relieving of the guard.
ART. 10. Every officer commanding the guard where an officer is committed shall within twenty-four hours report the prisoner and the crime he is charged with to the commanding officer of the post, that speedy justice may be done.
ART. 11. All suttlers and others who keep with the troops in ser- vice shall be subject to these rules and regulations.
ART. 12. Any officer who shall make a false return for the pur- pose of obtaining more pay, provisions or stores than is justly due to. any officers or men which are in service, shall on conviction thereof be cashiered and rendered incapable of holding any military commis- sion thereafter in this State, and shall also be holden to reimburse any money or other articles drawn by virtue of such false return.
ART. 13. All members sitting in courts martial shall be sworn by the president, and the president shall himself be sworn by the officer next in rank in said court: The oath to be taken previous to their ·proceeding to the tryal of any offender in form following, viz :
You A. B. swear that you will well and truly try and impartially determine the cause of the prisoner now to be tryed according to the rules and regulations for preserving order, good government and dis- cipline among the militia and other forces of this State when called to actual service for the defence and security of the same :- So help you God.
239
OF CONNECTICUT.
1777.]
ART. 14. All persons called to give evidence in any case before a court martial who shall refuse to give evidence shall be punished for such refusal at the discretion of such court martial. The oath to be administred in the form following, viz :
You swear that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth : So help you God.
In Congress, April 29th 1777.
Resolved, That it be recommended to the several States forthwith to order the sums advanced by them for recuiting the continental battalions raised by the said States, together with the names of the officers receiving the same, to be transmitted to the paymasters of such battalions, and that the said paymasters be respectively required to call such officers to account therefor, who shall produce certificates from the muster-master or deputy muster-master-general, specifying the number of non-commissioned officers and soldiers ; and also of officers of the light horse, the number of horses and arms and equip- age belonging to their respective regiments, companies or troops, together with such other vouchers as shall be necessary to prove the sums expended for these articles, the subsistence of the troops before their joining the army, the loss of money by death or desertions of non-commissioned officers and soldiers before muster, or other neces- sary expences. And it is further recommended to the said States, that they order the regimental paymasters to report to them the set- tlement of the said accounts, together with the vouchers to be pro- duced when confirmed by the said States to the Treasury Board on adjustment of their accounts. That it be recommended to the said States, if any of the regimental paymasters shall neglect to obey their directions as aforesaid, to order their names to be transmitted to the commander in chief of the department, who shall thercupon remove from office such delinquent paymasters, and supply their places with such others as he shall think qualifyed therefor. That if any officer shall not within one month after application for that purpose render such account, the regimental paymaster requiring the same shall make report thereof to the commander in chief of the department, who shall order a court martial on such officer, and also on such other officer or officers as shall be guilty of embezzling the public money, and the fact being ascertained by their report, shall immediately cause him to be cashiered and a copy of the report delivered to the regimental paymaster, to be transmitted to the State to which he belongs, that such State may give proper orders for compelling the delinquent officer to account in a court of justice. That duplicate accounts of all monies advanced by Congress, by general officers, and by the paymaster and deputy paymasters general, for recruiting continental battalions, be transmitted by the Treasury Board, such general officers and pay- master and deputy paymaster general respectively, to the commissioners
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PUBLIC RECORDS
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of accounts for the army in the northern and middle departments, who shall deliver the same to the respective regimental paymasters, to enable them to call the officers chargeable with such money to account in the manner before directed ; and the said regimental pay- masters shall transmit to the respective commissioners aforesaid the settlement of such accounts with the vouchers, who shall report to the Treasury Office those which are approved of by them, and shall pro- ceed with the regimental paymaster neglecting to obey their directions herein, and officers not accounting for the monies by them received as aforesaid, in the manner proposed to be pursued by the States in [consequence of] the preceding resolve. That the general officers, paymaster and deputy paymasters general, respectively, be also directed to transmit to the Treasury Office duplicate accounts of all monies advanced by them for recruiting continental battalions as aforesaid. That all regimental paymasters be directed to apply to the respective commissioners for accounts of the sums advanced to their officers as aforesaid. That all commissioners of claims or accounts be impowered to administer oaths or affirmations to persons examined by them in the execution of their office.
Extract from the minutes, CHARLES THOMSON Secrty.
Resolved by this Assembly, That the foregoing resolutions of the Honble Continental Congress, bearing date April 29th, 1777, be and the same are hereby ordered to be carefully and punctually performed and complied with, so far as to this State appertains; and all officers and other persons whom it may concern belonging to this State are hereby required and enjoined to take notice of and pay the most care- full and exact obedience to the said resolves of said Congress in every particular to them respectively appertaining, upon the pains and penalties of being dealt with according to the directions therein con- tained, and to such other and further penalty as to this Assembly shall appear fit and just according to the nature and demerit of such offence or neglect.
An Act for raising and compleating the Quota of the Continental Army to be raisedjin this State.
Be it enacted by the Governor, Council and Representatives, in Gen- eral Court assembled, and by the authority of the same, That any two men belonging to this State, and not of the continental army, who shall procure an able-bodied soldier or recruit to inlist into either of the continental battalions to be raised in this State, for the term of three years or during the war, shall be exempted from actual service, and from all drafts during the term for which they shall so procure such soldier or recruit to inlist, such soldier however to be accounted as part of the quota of the town to which such soldier belonged at the time of his being so procured untill their quota is compleated, after- wards to be accounted as part of the quota of that town by whose in- habitants he may be hired and procured to inlist.
241
OF CONNECTICUT.
1777.]
And be it further enacted, That in case said battalions shall not be completed by the 26th day of May instant, the captains or com- manding officers of the militia alarm list and independent companies, which have not already furnished their proportion of soldiers for said battalions, shall convene their respective companies at the usual place of parade on said day and shall then and there detach to serve in one of the most convenient companies in said battalions, untill the first day of January next unless sooner discharged, according to the provisions of a Resolve and Proclamation of the Governor and Council of Safety, bearing date the 12th day of April last, one man from each of the classes heretofore made in pursuance of said resolve and proclama- tion, which have not already procured a recruit to inlist into some one of said battalions. And in case persons so detached, or any of them, shall neglect or refuse to go into said service, said officers shall con- tinue to detach successively from the class to which the person detached and neglecting or refusing to go into said service belongs, untill they shall either detach one from such class who will agree to go into said service, or untill they shall have detached every man in such class, and the person or persons so neglecting or refusing shall be liable to the penalties that persons drafted and neglecting to march are subjected to by a statute law of this State entituled An act in further addition to an act entituled [an act] for furnishing and regu- lating the militia and for the encouragement of military skill for the better defence of this State, and be proceeded against according to the directions of said statute : Provided however, that no person who has been already detached by virtue of the said proclamation shall be liable to be drafted by force of this clause.
And be it further enacted, That if by drafting as aforesaid said officers shall not be able to procure one man from each of said classes to go into said service, said officers of said respective companies shall thereupon immediately proceed to detach from their respective com- panies to serve in said battalions untill the first day of January next such a number of able-bodied effective men as is proportioned to the number of classes belonging to said companies, which have not pro- vided their men, and shall certify the names of the persons so drafted to the next commission officers of any of said battalions, who is author- ized to take and cause him or them to join and serve in such battalions untill the first day of January next unless sooner discharged as afore- said. And the penalty which he or they shall have been subjected to by said proclamation or this act shall be remitted to him or them. And in case the person or persons in either of the ways aforesaid drafted shall thereupon voluntarily engage in either of the said battalions for said term, he or they shall at the expiration thereof be entituled to a premium of three pounds, and if sooner discharged to such part of said sum as is proportionable to the time for which he shall have served : Provided nevertheless, that no person in actual service on the 15th of May instant or belonging to any class who shall have furnished or procured a man for said service in either of said 16
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battalions, or hath contributed a part or proportion thereto, shall be subjected to such draft; anything in this act to the contrary notwithstanding.
And be it further enacted, That if any person drafted in manner aforesaid, or any other in their stead, shall inlist into any of said battalions for the term of three years or during the war, the fines arising by virtue of said proclamation and this act within the town to which he or they belong shall be distributed to such person or persons equally : Provided nevertheless, that not more than twenty pounds shall be distributed to one man.
And be it further enacted, That every man so drafted as aforesaid who shall thereupon inlist into any of the continental battalions rais- ing in this State for the term of three years or during the war, and shall be accepted in said service, shall be entituled to the continental and state premiums, cloathing, wages and allowances.
Whereas the exigencies of this State and the publick require a considerable supply of the treasury,
It is therefore resolved by this Assembly, That a tax of twelve pence on the pound on the general list of polls and rateable estate of the in- habitants of this State brought into this Assembly in October, 1776, with the additions, be laid, collected and paid into the treasury of this State at or before the 29th day of December next; and the Treasurer is ordered to send out his warrants accordingly.
And for a temporary relief in the present exigency, it is further resolved by this Assembly, That the Treasurer of this State be and he is hereby ordered and directed to borrow or issue his notes on inter- est for such sums as there may be immediate occasion for, not ex- ceeding the sum of seventy-two thousand pounds in the whole, payable at said Treasurer's office in continental bills or bills of this State, at or before the end of one year from the date, with interest at six per cent. per annum untill paid, or untill publick notice shall be given by said Treasurer after the expiration of one year that he is ready to pay the same ; and none of such notes shall be issued for a less sum than thirty pounds, and that the moneys due to this State be collected as soon as may be.
Resolved by this Assembly, That for the more effectual defence of this State on the sea coasts and frontiers, and to prevent incursions and depredations of the enemy, there be forthwith raised by voluntary inlistment two battalions, to consist of 728 men in each battalion in- cluding officers, in which two battalions shall be computed the troops that are already ordered to be raised and stationed in the several parts of this State on the sea coast. That said two battalions be con- tinued in service untill the first day of January next, unless sooner discharged by the General Assembly or his Honor the Governor and Council of Safety. That all non-commissioned officers and soldiers who shall inlist into either of said battalions by the 15th day of July
243
OF CONNECTICUT.
1777.]
next, shall be allowed and paid a premium of six pounds, L. money, they providing themselves with good and sufficient arms, accontre- ments, blankets and knapsacks; and such non-commission officers and soldiers shall have the same wages and allowances for subsistance as is by Congress allowed to the continental army : Provided, that if said two battalions shall not be filled up by the said 15th day of July, it shall be in the power of the Governor with the advice of his Council of Safety to discharge so many of the commission officers as are supernumerary in proportion to the privates, according to the rule lately adopted and established by Congress ; and such officers shall be allowed wages to the time of their discharge.
Whereas by reason of the great scarcity of salt, the inhabitants of this State are reduced to great distress, and likely to be reduced to greater if some effectual measures are not come into to prevent it,
Therefore it is resolved by this Assembly, That his Excellency the Governor and Council of Safety are desired and enabled to take the matter into their consideration and concert a proper plan for the man- ufacturing salt within this State and carry the same into execution ; and also for the importation of salt: all at the cost and risque of this State.
Resolved by this Assembly, That the militia officers holding com- missions in this State bearing date before the Declaration of Indepen- dence within this State be directed to deliver their commissions to the colonel or chief commanding officer of the regiment to which such of- ficers respectively belong,* and shall receive new commissions which shall be made out agreeable to the form lately directed by this Assem- bly and under the authority of this State, and for the offices they sus- tained by their former commissions in the respective companies to which they belong. And it shall be the duty of the colonel or com- manding officer of the several regiments in this State to apply to his Honor the Governor for new commissions for all such officers within their respective regiments and receive and deliver the same to said of- ficers upon their returning their former commissions, which shall be lodged with his Honor the Governor. And the rank of such officers shall not be affected thereby but be determined by the date of said former commissions. And his Honor the Governor is hereby impow- ered and desired to make out commissions for all such officers accord- ingly.
Resolved by this Assembly, That there be a company of Rangers, of ninety men officers included, immediately raised by voluntary in- listment within this State for the defence of this and the other United States, to continue in service till the first day of January A. D. 1778. And each non-commissioned officer and soldier shall receive a bounty
* Because of the words " his Majesty's service " and other references to the King of Great Britain in the older commissions. Rev. War, vii, 304.
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[May,
of three pounds lawfull money, he furnishing himself with cloaths, arms, accoutrements, one blanket and knapsack, and shall receive the same pay, wages and allowances, as are allowed by Congress to the continental troops; and said company shall be subject to the rules and directions of his Honor the Governor or any other their superior officers.
And be it further resolved, That Silvanus Mead be a Captain to command said company of rangers, Silvanus Marshall be First Lieu- tenant, Jehiel Mead Second Lieutenant, and Jesse Hait Ensign of said company, and that they be commissioned accordingly.
Resolved by this Assembly, That the commissions for the officers in the company of rangers ordered to be raised in this State bear date the ninth day of May instant.
Upon the subject matter of a letter from General Sylliman to his Honor the Governor, communicated to this Assembly, representing that one Mr. Wood, a surgeon's mate belonging to the enemy, had been sent to Fairfield with a design to procure leave to attend the en- emies sick and wounded at Danbury, and proposing in the name of Mr. Loring, commissary of prisoners of war, an exchange to be made,
Resolved by this Assembly, That it be recommended to his Honor the Governor and Council of Safety, on consideration of the matter, to permit the said Wood to proceed in his intended business or not as to them shall seem most expedient, and to take such measures for the proposed exchange as they shall think proper and necessary to effect the same.
Resolved by this Assembly, That General Erastus Wolcott, Capt. Ephraim Pease, Capt. Dudley Wright, Doct" John Dickinson, Mr. Asahel Holcomb, Capt. John Phelps, General James Wadsworth, Mr. Joseph Hopkins, Colo. Jonathan Fitch, Colo. Samuel Abbott, Mr. Hezekiah Lane, Capt. Robert Fairchild, Mr. Thaddeus Burr, Mr. Eb- enezer Hyde jun", Capt. Jabez Huntington, Mr. Nathan Frink, Capt. Elisha Child, Colo. Ebenezer Norton, Major Elijah Abell, and Mr. Thomas Mumford, Mr. Miles Beach, be and they are hereby appointed a committee for procuring fire-arms and gun-locks, and that the same powers and authority heretofore given to a former committee be and the same is hereby revived and given to said committee for the pur- pose of executing the aforesaid trust; and said committee are directed to exert their utmost endeavours to effect the manufacture of good fire-arms and gun-locks; and said committee are to make report of their doings to the General Assembly in May next.
And be it further resolved, That the same premiums and encour- agements shall be given to the manufacturers of fire-arms and gun- locks, under the same rules and regulations as hath been heretofore given and allowed, untill the first day of June next.
245
OF CONNECTICUT.
1777.]
And be it further resolved, That Mr. Elihu Clark, Majr Nath1 Brown, Mr. Samuel Smith, Capt. Lemuel Stoughton, Mr. Isaac Doo- little, Mr. Joseph Hopkins, Mr. Samuel Noyes, Mr. John Raymond, Capt. Daniel Judson, Capt. Jabez Huntington, Mr. Elnathan Walker, Mr. Edmund Beach, and Capt. Mathew Gillett, be and they are hereby severally appointed Inspectors, to examine and approve of all such fire-arms and locks as shall be made within this State; and none of said arms shall be received or paid for by said committee for the use of this State or any premium allowed thereon to any manufacturer untill examination and due proof has been made of such arms by said inspector or inspectors and a proper certificate given thereof under his or their hands that the same are good, well wrought, sufficiently strong and substantial.
Resolved by this Assembly, That the non-commission officers and soldiers of the brigade of militia that lately marched to Peekskill un- der the command of Brigadier General Erastus Wolcott be allowed a premium of twenty shillings each; and that the commission officers in said brigade that were found to be supernumerary and greater than is allowed by a late resolve of Congress, and were dismist in conse- quence thereof, be paid their wages; and the Committee of Pay-Table are directed to settle with them accordingly and charge the same to the continent, and that said General Wolcott take care that the pay abstracts are duly made according to the rules and orders of Congress and authenticated in proper form, and appoint some suitable person at the expence of this State to apply to General Washington for the pay of said brigade.
Resolved by this Assembly, That the commanding officers of the several regiments of militia, new levies, and troop of horse that have been out the year past at the request of the General, and who have applyed to the General for pay and failed of receiving the same with- out any neglect or fault of theirs, exhibit their accounts of their after expence in procuring pay for their regiments &c. to the Committee of Pay-Table, who are to adjust said accounts and draw on the Treasurer for payment of what shall be found to be just and reasonable, and charge the sanie to the account of the continent.
On consideration of a letter from his Excellency General Wash- ington of the seventh of April last to his Honor the Governor, and laid before this Assembly, wherein the General declines giving orders for payment of the 10th regiment of this State, on account of the great disproportion of officers to soldiers &c.
Resolved by this Assembly, That his Honor the Governor be desired to write a letter to his Excellency the General, stating the peculiar circumstances of that regiment and requesting of the General pay- ment for the regiment for the officers according to the ranks in which they stood by their military commissions.
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Whereas it is represented to this Assembly that several persons, who have been employed to make fire-arms for this State for the in- mediate security and defence of the country and to be made use of in actual service against the enemy, have through unskilfulness or neg- lect made and put off and imposed on this State poor deficient arms, totally unfit for service, whereby the lives of many of our soldiery who were furnished with them have been greatly exposed and the whole country endangered : And whereas a fraud and breach of trust of this kind is attended with great aggravation and productive of the most fatal mischiefs to the public, it loudly calls for the attention of this Assembly,
Therefore, resolved, That Colo. Samuel Talcott, Colo. John Ches- ter, and Maj Roger Newberry, be and they are hereby appointed a committee to inquire into all such high-handed fraud and misde- meanor, and upon reasonable suspicion thereof by information or oth- erwise, said committee are fully impowered to call before them any and every such gun-smith who have been employed to make arms for this State, of whom they may be informed of any misdemeanor afore- said, and all such witnesses and evidence they think proper; and on the whole to take every proper method to discover the frauds afore- said and the person or persons concerned therein, and thereof make report to the General Assembly of this State at this or their next ses- sions.
Resolved by this Assembly, That the officers and soldiers belong- ing to the State of Connecticut who were engaged in the continental army in the year 1776, be and they hereby are entituled to the same provision and allowance for their losses, expences &c., in the same manner and under the same regulations as has been heretofore granted and allowed in the premises in all respects to the officers and soldiers of the new levies and militia; and the Committee of the Pay-Table are hereby directed to receive and adjust their accounts and draw or- ders for the same accordingly.
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