USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 29
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This Assembly taking into consideration the resolve of the Honble Continental Congress of the 26th day of August, 1776, which said re- solve is in the words following :
" Whereas in the course of the present war some commissioned officers and non-commissioned officers of the army or navy, as also private soldiers, marines and seamen, may lose a limb or be otherwise so disabled as to prevent their serving in the army or navy or getting their livelihood, and may stand in need of relief,
Resolved, That every commissioned officer, non-commissioned of- ficer and private soldier, who shall lose a limb in any engagement, or be so disabled in the service of the United States of America as to render him incapable afterwards of getting a livelihood, shall receive during his life or the continuance of such disability the one-half of his monthly pay from and after the time his pay as an officer or soldier
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ceases, to be paid by the committee as hereafter mentioned : That ev- ery commander of every ship of war or armed vessell, commissioned officer, warrant officer, marine or seaman, belonging to the United States of America, who shall lose a limb in any engagement in which no prize shall be taken, and be therein otherwise so disabled as to be rendered incapable of getting a livelihood, shall receive, during his life or the continuance of such disability, the one-half of his monthly pay from and after the time that his pay as an officer, or marine or sca- man, ceases, to be paid as hereafter mentioned. But in case a prize shall be taken at the time such loss of limb or other disability shall happen, then such sum as he may receive out of the neat profits of such prize before a dividend is made of the same, agreeable to former orders of Congress, shall be considered as part of his half pay and computed accordingly : That every commissioned officer, non-com- missioned officer and private soldier in the army, and every com mander, commissioned officer, warrant officer, marine or seaman, of any of the ships of war or armed vessels belonging to the United States of America, who shall be wounded in any engagement so as to be rendered incapable of serving in the army or navy, though not to- tally disabled from getting a livelihood, shall receive such monthly sum towards his subsistance as shall be judged adequate by the As- sembly or other representative body of the State where he belongs or resides, upon application to them for that purpose, provided the same doth not exceed his half pay. Provided, that no commission officer and private soldier in the army, commander, commission officer, war- rant officer, marine or seaman, of any of the ships of war or armed vessels belonging to the United States of America, who shall be wounded or disabled as aforesaid, shall be intituled to his half pay or other allowance, unless he produce to the committee or officer ap- pointed to receive the same in the State where he resides or belongs, or to the Assembly or Legislative Body of such State, a certificate from the commanding officer, who was in the same engagement in which he was so wounded, or in case of his death from some other of ficer of the same corps, and the surgeon that attended him, or a cer- . tificate from the commander of the ship of war or armed vessell en- gaged in the action, in which any officer, marine or seaman, received his wound, and from the surgeon who attended him, of the name of the person so wounded, his office, rank, department, regiment, com pany, ship of war or armed vessell, to which he belonged, his office and rank therein, the nature of his wound, and in what action or en- gagement he received it. That it be recommended to the several As- semblies or Legislative Bodies of the United States of America, to ap- point some person or persons in their respective States, who shall re- ceive and examine all such certificates as may be presented to them, and register the same in a book, and also what support is adjudged by the Assembly or Legislative Body of their State to those whose case requires but a partial support, and also of the payment from time to time of every half pay and other allowance, and of the death of such
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disabled person, or ceasing of such allowance, and shall make a fair and regular report of the same quarterly to the Secretary of Congress or Board of War, where a separate record shall be kept of the same. That it be recommended to the Assemblies or Legislative Bodies of the several States, to cause payment to be made of all such half pay or other allowances as shall be adjudged due to the persons afore- named on account of the United States: Provided that all such offi- cers and soldiers that may be entituled to the aforesaid pension, and are found to be capable of doing of guard or garrison duty shall be formed in a corps of invalids, and subject to the said duty, and all of- ficers, marines and seamen of the navy, who shall be entituled to the pension aforesaid, and shall be found capable of doing any duty on board of the navy, or any department thereof, shall be liable to be so employed."
Whereupon it is resolved by this Assembly, That the Committee of Pay-Table be appointed, and they are hereby appointed and fully authorized, to receive and examine the evidence produced by such persons, being inhabitants of this State, or others who have or here- after shall serve in any of the battalions raised in this State for the continental service and who were at the time when they received their wounds serving in any of the said battalions, and shall claim a pension by virtue of the aforesaid resolve of Congress, and to grant the same to all such who shall make proof in manner as therein is provided. And said Committee of Pay-Table are directed to pre- serve the evidence in all cases wherein such report shall be allowed either in part or whole of his half pay, by registering the same in a book to be kept for that purpose, and also what support shall be allowed and adjudged to such wounded and disabled person ; and to make a regular report of the same quarterly to the Secretary of Congress or Board of War, all in manner as is in and by said resolve provided and directed.
And it is further resolved, That all commission officers, non- commission officers of the army or navy, as also private soldiers, marines and seamen, raised by this State and not of the continental army or navy, who have or shall be wounded in any action so as to be disabled from getting a livelihood, upon their producing certificates as is provided in the afore-recited resolve of Congress, before the Committee of Pay-Table, and being examined and found true by said committee, shall be entituled to the same pension and support as is provided by said resolve of Congress, either in part or whole of his or their half pay as the case shall appear on proof, and to be continued during his the said disability or for life as the case shall happen. And the said Committee of Pay-Table are hereby directed to register the same in a book together with the name of the person claiming said pension, his place of residence, the company and battalion, or ship of war or armed vessell, to which he belonged at the time of receiving his wound, and place where and time when he received
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the same, and what support hath been adjudged to him, all in manner as is provided and expressed in said resolve of Congress, and in the same cases and in no other than is therein mentioned and contained. And said Committee of Pay-Table are directed to make report of their doings, so far as relates to such persons who shall claim any support by virtue of the last paragraph of this resolve, to this As- sembly from time to time.
Whereas it is found necessary and recommended by the Honble Continental Congress, that a Commissary of Prisoners of War should be appointed in the several United States, etc.
Resolved by this Assembly, That Ezekiel Williams, Esq", be and he is hereby appointed a Commissary of Prisoners within this State, in the room of Mr. Epaphras Bull appointed by this Assembly in October last and who is now engaged and serving as a captain in the con- tinental army, who shall take care and provide for all such prisoners of war as are now within this State, or that hereafter may be sent to and kept within the same; and that said commissary for the time being shall observe all such rules and orders as shall from time to time be made by the General Assembly, his Honor the Governor and Committee of Safety, or Continental Congress, respecting such prisoners, for the due ordering, governing or providing for the same, and shall make monthly returns of the state and condition of said prisoners under his care to the Board of War appointed by said Con- gress.
Resolved by this Assembly, That his Honor the Governor be requested to take such measures as he shall think proper, to pur- chase and secure for the use of this State a quantity of lead, said to be imported in a prize taken and brought into some part of the east- ward by the big Fanny, Capt. Whittlesey commander.
Whereas this Assembly have made and passed at their present sessions articles and regulations for preserving order, good govern- ment and discipline, among the militia and other forces of this State when called into actual service : And for the more speedy and effectual publishing the same, and that no one may plead ignorance thereof,
Resolved by this Assembly, That the said articles be immediately published in the several gazettes or news-papers in this State, and that one thousand copies of said articles be forthwith printed and one of said printed copies given to each field officer of the militia in this State and the field officers of the two battalions now ordered to be raised in this State for the defence of the sea coasts and frontiers, and also to the captains or commanding officers of the several com- panies in the said militia alarm list and the said two battalions. And it shall be the duty of the captains or commanding officers of the
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respective companies of alarm lists and militia rolls to cause said articles to be read at the head of their respective companies on their stated training days. And when the militia or other forces are called into actual service for the defence of this State, it shall be the duty of the colonel or commanding officer of the regiments or battalions of the said militia or other forces raised or shall hereafter be raised in this State, and the captains or commanding officers of the re- spective companies, to cause said articles to be read at the head of their respective regiments or companies as often as once a month during the time they shall continue in service.
Resolved by this Assembly, That his Honor the Governor and Council of Safety be authorized and impowered to devise some equitable rule for the distribution of such salt as hath been or shall be imported at the expence of this State to and among the inhabitants of the several towns thereof, in proportion to the number of inhabit- ants in each town, and to take effectual measures for distributing said salt accordingly.
Resolved by this Assembly, That the pay of the Council of Safety shall be twelve shillings per diem for each man's time spent in that service, and four pence per mile for travel each session, they bearing their own expences; any former resolve of the General Assembly notwithstanding.
Whereas his Excellency General Washington in his letter of the 23ยช day of April, 1777, to Brig" General Parsons, laid before this Assembly, has recommended that attention be paid by this State to the case of the prisoners from New York and the legal representa- tives of those who died during their captivity,
Resolved by this Assembly, That the Committee of the Pay-Table receive, examine and adjust the accounts and give order for the pay- ment of such wages as are due to any such prisoners belonging to this State or their legal representatives, from the time they were captured untill released, and a reasonable time afterwards for their return home, or untill the time of their death. And that said committee take the affidavit of each of such prisoners to his account annexed, therein setting forth the time when and place where he was captured, when released, to what regiment and company he belonged, and that he had received no pay or satisfaction from the United States for the time he was in captivity. And also, where claims shall be made by any legal representatives of such deceas'd prisoners, said committee shall take the affidavit of such representative to his account annexed, therein setting forth the time when and place where said deceas'd prisoner was taken, to what regiment and com- pany he belonged, and the time of his death according to the best information he had obtained, and that he had received no pay or satisfaction from the United States for the wages which became due
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to said deceas'd prisoner between the day he was captured and the time of his death.
And be it further resolved, That said committee on the settlement of such accounts shall make out a duplicate thereof and transmit the original to General Washington, in order to procure reimbursement of the same.
Resolved by this Assembly, That his Honor the Governor be desired to write by an express to the Honble Representatives of this State now at the Continental Congress, requesting them to procure all such evidence as may be collected from Colo. Dewer or any other quarter, respecting any secret plots and conspiracies that may be in this State against this or any of the United States, either by receiving of protections from Lord or General Howe, or any other person, or being aiding or assisting in the distribution of such protections in any other way, or any plot or conspiracy whatsoever : and that they transmit to this Assembly or to his Honor the Governor and Committee of Safety a particular account thereof by said express, or as soon as may be.
On the representation of Brig" General Silliman, shewing to this Assembly that a flag of truce has lately arrived at Norwalk by permission from Admiral Howe, commander of the fleet of our enemies off New York, under protection of which Daniel Ketcham and Andrew Bennett, two inhabitants of and owing allegiance to this and the United States, who had sometime since deserted and gone over to, and taken part with the enemy against their country, are come to said Norwalk, in order to convey from said town and Fairfield the family and effects of Benjamin Jarviss, Samuel Hitchcock, James Ketchum and Nath11 Williams, who had also deserted their country and gone over to the enemy : and said Brig" General Silliman having before signifyed to the enemy that they ought to desist from sending persons of that character to any part of this State under protection of a flag; and said General Sylliman praying for direction how to proceed with said deserters now in his custody &c.
Resolved by this Assembly, That on consideration of the uncer- tainty whether General Silliman's letter disapproving the enemy's sending a flag by such persons who have deserted their country and its cause and gone from this State to join the army of our enemy, was received before this flag was sent, that said General Silliman is there- fore to permit the said Daniel and others to return in the flag.
And whereas this Assembly judge it inconsistent with the honor of the law and the rules and customs of contending powers and unsafe to permit such deserters to pass and repass under the protection of flags of truce, do therefore further resolve and order, That Brig. General Silli- man do publish and make known, by the return of said flag or in the best and most effectual way, that for the future no such deserters or absconding persons shall be permitted to come into this State
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under colour or protection of a flag of truce, on the pains and penal- ties of being detained and dealt with according to the laws of this State.
And it is further resolved, That the families of the persons applied for shall not be permitted to go over to their friends within the enemies lines unless an equal number who have been captured by the enemy of our inhabitants not under arms and carried off be returned in exchange, and in that case that no property except necessary cloathing be supplied to be carried with them, and no male person capable of bearing arms shall be permitted to go; and said General Silliman is hereby authorized and directed to negotiate the matter accordingly.
And it is further resolved, That this instance be not considered as a rule of conduct in like cases for the future, least the enemy be encouraged to make their inhuman incursions into the country, captivate and carry away families and persons not under arms, contrary to the custom and usage of all civilized nations.
Whereas this Assembly directed the Pay-Table to draw on the Treasurer for wages due to the officers and prisoners at New York to be paid in hard money, and to enable the Treasurer to answer said draft, in case sufficiency of hard money is not in the treasury : Resolved and ordered, that the Treasurer procure the sum of four hundred pounds hard money, and give his obligation in behalf of this State for the repayment thereof with lawfull interest, for the purpose aforesaid.
An Act to exempt the Bodies of Non-commission Officers and Soldiers be- longing to the Continental Army from Arrests or Imprisonment on Account of Debt.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the bodies of all non-commission officers and soldiers belonging to the continental army shall be exempted from arrests and imprisonment for or on account of any debts originally due by contract from them, and that all such non-commission officers and soldiers as are now holden in execution for any such debt be forthwith released from confinement : Provided however, that the estates of such non-com- mission officers and soldiers as shall be discharged from confinement by virtue of this act shall still be liable to be taken by virtue of the same execution by which they were confined, and sold and disposed of to satisfy such execution accordingly, and that their bodies after they shall be discharged from said army, in case the execution by which they were confined previous to the making this act are then unsatisfyed, shall be liable to be taken and imprisoned by force of said execution.
Whereas it is represented to this Assembly that sundry atrocious acts of robbery and theft have lately been committed and done in.
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some of the western parts of this State by some of the inhabitants belonging to the same, whereby the people who have been the un- happy sufferers are greatly hurt and distressed,
It is thereupon resolved by this Assembly, That the several attor- neys for this State in the respective counties within the same forth- with do exert themselves with the utmost attention and vigilance, to enquire into and prosecute for all such breaches of law supposed to be done within this State. And all grand-jurymen, and other in- forming officers, are hereby ordered and directed to pursue with great care and diligence all lawfull measures to recover for the proper owners all such goods stolen as aforesaid, and discover the authors of such mischief, and to institute and pursue every legal prosecution that may be necessary and proper as the case may require, that so the good and wholesome laws of this State in such cases made and provided be carried into due execution, offenders brought to con- dign punishment, all the people of this State protected in their rights, liberties and privileges, and such mischief prevented for the future. And that a copy of this resolve be transmitted to said attorneys and also to the selectmen of the respective towns in this State, who are hereby directed to use their greatest influence that the duties re- quired and referred to in this resolve be performed accordingly. And the judges of the superior and county courts in this State are hereby directed forthwith to convene such respective court or courts in a sessions specially appointed for the purpose of carrying this resolve into proper execution when occasion shall so require.
This Assembly do appoint the Honble Mathew Griswold, William Pitkin, Roger Sherman, Abraham Davenport and William Williams, Esq's, Messrs. Titus Hosmer,* Benjamin Payne, General James Wads- worth. Benjamin Huntington, William Hillhouse, Thadeus Burr, Na- thaniel Wales jun", Daniel Sherman, and Andrew Adams, to be a Council or Committee of Safety, to assist his Honor the Governor when the Assembly is not sitting, with full power and authority to order and direct the militia and navy of this State and the marches and stations of the troops that have been or shall be inlisted and assembled for the special defence of this or the neighbouring States, or any part or parts thereof, as they shall judge necessary, and to give all necessary orders from time to time for furnishing and sup- plying said militia, troops and navy, in every respect and to every purpose that may be needfull to render the defence of these States effectual ; with full power and authority to fulfill and execute every trust already reposed or that shall be reposed by this Assembly in his Honor the Governor and Council of Safety aforesaid. And this Assembly do expect and desire his Honor the Governor to notify and
* October 29th, 1777, Mr. Hosmer presented his resignation, which was ac- cepted. Rer. War, viii, 29.
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convene the whole of said Council on all important occasions and business which may be before them; but when the necessity and safety of the publick may require greater dispatch than can consist with the notice and attendance of the whole, and on smaller matters, his Honor the Governor at his discretion may convene a smaller number, not less than five to be a quorum, to act with him in the matters and business as aforesaid.
Whereas sundry of the inhabitants of this State, some from ill advice, others from inadvertence and mistaken apprehensions, have absconded and put themselves under the protection of the enemies of this and the other States of America, but are now supposed to be convinced of their error, and would probably return to their duty had they assurance of protection &c.
It is thereupon resolved by this Assembly, That his Honor the Governor of this State be and he is hereby desired to issue a proc- lamation assuring pardon of all treason or misprision of treason heretofore done relative to joining the enemy as aforesaid, to all such of said inhabitants so absconded as aforesaid as shall at or before the first day of August next ensuing appear in this State before an assistant or justice of the peace and take a proper oath of allegiance to be true and faithfull to this State, and shall declare that they break off and discard all connections with the enemy, and that they will yield true and faithfull obedience to the laws of this State : That each of said inhabitants so conforming shall be indemnifyed and freed from any prosecution for any act by him or them heretofore done relative to aiding, joining or assisting the enemies of this State. and that every such person so long as they continue so to conform and behave shall be protected in their rights and liberties in com- mon with the other inhabitants of this State.
This Assembly do appoint Roger Enos, Esq', to be Colonel of one of the battalions to be raised for the defence of this State till the first day of January next.
This Assembly do appoint Peter Curtiss, Abel Pettibone, Elijah Robinson and James Smith, to be Captains in the battalions to be raised till the first day of January next.
This Assembly do appoint Thomas Stevens, Jonathan Roberts, Eliphalet Chamberlin, Edward Payne and Nathaniel West, to be First Lieutenants in the battalions to be raised till the first day of January next.
This Assembly do appoint Samuel Smith, Ephraim Taylor, Abner Granger, Noah Dickinson and Nathaniel Churchill, to be Second Lieutenants in the battalions to be raised till the first day of Jan- uary next.
This Assembly do appoint Benjamin Holcomb, Joshua Gates jun",
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Samuel Akins and John Franciss, to be Ensigns in the battalions to. be raised for this State till the first day of January next.
This Assembly do appoint James Arnold, Esq", to be Lieutenant Colonel of one of the battalions now to be raised for the defence of this State.
This Assembly do appoint Nathaniel Bunnell, Augustus Collins, to be Captains in one of the battalions to be raised for the defence of this State.
This Assembly do appoint Abner* Bradley to be First Lieuten- ant in one of the battalions to be raised for the defence of this State.
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