USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 48
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PUBLIC RECORDS
[October,
engrosser, who has any of said articles in his possession, he shall before any such licence or permit be given him make out a true list or account of all such articles which he has for sale, and deliver the same on oath to the authority granting such licence.
And whereas many persons, under pretence of being employed to purchase for the army, have heretofore purchased up many of the articles enumerated in this act, in order to engross them and sell them again at exorbitant prices :
Be it further enacted, That no commissary or assistant com- missary, or any other person whatever, authorized to purchase sup- plies for the army or navy of the United States, shall purchase any such articles in this State untill he has produced his authority to and obtained a certificate thereof from the Governor, Deputy Governor, or an Assistant in this State; and any person who shall purchase any of the articles aforesaid under pretence that they are for the use of the army or navy, who is not properly authorized as aforesaid, shall for- feit treble the value of the articles so purchased and be liable to be imprisoned at the discretion of the court before whom the conviction is, not exceeding six months. And whosoever shall be guilty of the breach of the first paragraph in this act by purchasing any of the articles therein mentioned without licence, shall forfeit double the value of the articles so purchased. And all forfeitures by virtue of this act shall belong one half to the informer who shall prosecute his information to effect and the other half to the treasury of this State, unless the prosecution be made by an informing officer, in which case the whole forfeiture shall belong to the treasury of the State. And it is enjoined on all informing officers and recommended to all other persons, to be vigilant in detecting and prosecuting all breaches of this act.
This act shall continue in force untill the rising of the General Assembly in October next, and no longer.
An Act in Addition to and for the Alteration of some Part of the Law of this State relating to Embargoes.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That when any person or persons shall purchase or procure any article of goods, wares, merchandize or commodity whatsoever, from any other State, in order to transport through this State, shall immediately upon his or their coming into this State apply to the next assistant or justice of the peace for a proper certificate for that purpose. That upon such person or persons producing sufficient evidence to the satisfac- tion of such assistant or justice of the peace that such goods &c. were procured bona fide in some other State and not in this, and that such person or persons so applying are friendly to the liberties of America, such assistant or justice of the peace shall certify the same accord- ingly by writing under his hand, in which case such person or persons so obtaining such certificate shall have free liberty to transport such article &c. through this State without hindrance or molestation.
415
OF CONNECTICUT.
1777.]
And be it further enacted by the authority aforesaid, That when- soever any of the inhabitants of this State shall apply to an assistant or justice of the peace for liberty to transport out of this State by land or water so much of their produce, excepting sheep's wool and cloathing of every kind, as shall be sufficient to purchase a sufficient quantity of salt for the use of their families respectively, and that only ; such assistant or justice of the peace with the assistance of two or more of the selectmen of the respective towns to which such person or persons (so applying) belongs, shall consider and adjust the quantity of produce that ought to be permitted; and such assistant or justice of the peace with the advice of said selectmen is hereby directed to grant such permits for that purpose accordingly.
And be it further enacted by the authority aforesaid, That when- ever a permit is applied for by virtue of this act, to transport produce by water, it shall be the duty of the authority granting the same to require bond with surety of the person or persons applying for the same, to the amount of three times the value of the articles of produce so permitted, that he or they will not dispose of the same to the ene- mies of this State but will apply the avails thereof for the purchase of salt, and that only.
An Act in Addition to and Alteration of an Act entituled An Act concerning. Indian, Molatto and Negro Servants and Slaves.
Whereas it stands enacted in said act, that all slaves set at liberty by their owners, and all negro, molatto or Spanish Indians, who are servants to masters for time, in case they come to want after they shall be so set at liberty or the time of their said service be expired, shall be relieved by such owner or master respectively, their heirs, executors or administrators : Therefore,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That if any master or owner of any servant or slave shall apply to the select- men of the town to which he belongs, for liberty or licence to emanci- pate or make free any such servant or slave, it shall be the duty of such selectmen to enquire into the age, abilities, circumstances and character of such servant or slave, and if they, or the major part of them, shall be of opinion that it is likely to be consistent with the real advantage of such servant or slave, and that it is probable that the servant or slave will be able to support his or her own person, and that he or she is of good and peaceable life and conversation ; such selectmen, or the major part of them, shall give to the owner or mas- ter of such servant or slave a certificate under their hands of their opinion in the premises, and that the master or owner of such servant or slave hath liberty to emancipate and set at liberty such servant or slave. And if the master or owner of any servant or slave shall on receiving such certificate emancipate and set at liberty such ser- vant or slave, he, his heirs, executors and administrators, shall be for- ever discharged from any charge or cost which may be occasioned by
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PUBLIC RECORDS
[October,
maintaining or supporting the servant or slave made free as aforesaid; any law, usage or custom to the contrary notwithstanding.
An Act for punishing Persons guilty of wilfully and maliciously destroying Maga- azines of Stores or Vessels belonging to this State or the United States.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That if any person or persons shall wilfully and maliciously burn and destroy, or attempt or conspire to burn or destroy any magazine of provisions or of military or naval stores belonging to the United States of America or to this State ; or if any master, officer, seaman, mariner or other person, intrusted with the navigation or care of any continental vessell, or vessells belonging to this State, shall wilfully and maliciously burn or destroy, or attempt or conspire to burn or destroy such vessell, or shall wilfully betray or voluntarily yield or deliver any such vessell to the enemies of the United States of Amer- ica, every such person and their aiders or abetters, on legal conviction of either of the offences aforesaid, shall suffer death.
An Act for further continuing a Law of this State made and passed by the Gen- eral Assembly in December, 1776, for preventing the Distilling of Spiritu- ous Liquors from Grain.
Be, it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the said act shall continue in force untill the rising of the General Assembly in October next.
An Act in Addition to a Law of this State entituled An Act to prevent the Ob- structing the Course of the Fish up the River Paucatuck.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person or persons shall set or draw any sein or seins, or make any ware or hedges or other incumbrances in or across the river called Paucatuck River, for the purpose of catching the fish with seins or obstructing their natural course up said river at any place within this State above the point called and known by the name of Aushpook Point, on penalty of forfeiting and paying as a fine the sum of thirty pounds, to be recovered by bill, plaint or information ; one half thereof shall be for the town where the complainer or prosecutor lives, and the other half to him who shall sue for and prosecute the same to effect, if by a common informer, and if by a public informing officer the whole shall be for the use of said town. And if any such ware or sein, or other incumbrance, shall be made across or set in said river for the purpose aforesaid, the same is hereby declared to be a common nuisance, and shall and may be pulled down, demol- ished and removed as such by any person or persons whatsoever. And it shall be the duty of the constables and grand-jurymen of the town adjoining said river to enquire after and presentment make of all breaches of this act : Provided nevertheless, that nothing in
417
OF CONNECTICUT.
1777.]
this act shall extend to prevent any mill-dam from being kept up in the manner and at the seasons that have been usual on said river.
Whereas the multitude of our iniquities have provoked the right- eous Governor of the universe to display the tokens of his wrath against us, by means whereof we are involved in the calamities of a bloody and unnatural war, tending to introduce prophaneness, injus- tice, oppression, and almost every kind of vice; and as virtue is the only foundation of happiness to a free people,
It is therefore resolved by this Assembly, That his Excellency the Governor be and he is hereby desired in behalf of this Assembly, earnestly to exhort all persons of every rank carefully to abstain from oppression, injustice, and every vice, and to apply themselves to industry, economy, and every moral and social virtue ; strictly enjoin- ing and requiring men of every denomination to be peculiarly carefull to yield a willing and chearfull obedience to the laws of this State; and that all executive courts, ministers of justice and informing offi- cers in their respective departments, use their utmost influence in promoting the administration of justice and due observance of the law among the people, assuring all orders of men that this Assembly are determined to remove every officer of government who shall fail of a faithfull performance of his trust ; earnestly recommending to the good people of this State a due attention to the high obligations they are under to perform the duties of brotherly kindness and charity, to alleviate each others burthens, relieve the distresses of the poor, and that they discountenance as much as possible all persons who are in any way practicing the detestable vices of monopoly, ingrossing &c., or who withhold the conveniencies of life from sale or demand exor- bitant prices for the same, considering them as totally unworthy of election to any public office, and even as the vilest pests of society. And that the ministers of the gospel in their several societies in this State be directed to read said proclamation publickly in their respect- ive congregations.
Resolved by this Assembly, That Roger Sherman, Eliphalet Dyar, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Oliver Elsworth, and Andrew Adams, Esqrs, be and they are hereby appointed Dele- gates to represent this State at the General Congress of the United States in America, for the year ensuing and untill new be chosen and arrive in Congress if sitting : any one or more of them who shall be present in said Congress are hereby fully authorized and impowered to represent this State in said Congress, to council and advise and re- solve upon measures necessary to be taken and pursued for the defence, security and preservation of the rights and liberties of the said United States and for their common safety ; and of such their proceedings and resolves they do transmit authentic copies from time to time to the General Assembly of this State.
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418
PUBLIC RECORDS
[October,
Resolved by this Assembly, That the Delegates from this State be instructed to move the Honorable Continental Congress to recom- mend to each of the United States immediately to draw in and sink their outstanding bills, excepting bills less than a dollar, by them respectively emitted, and to tax themselves in a sum, to be ascertained and proportioned for each State by Congress, sufficient to pay the current annual expences of the war and to sink part of the continental bills drawn in, by taxes and the continental loan offices, to lessen the quantity in circulation, and to apportion the whole sum of continental bills emitted to each State, recommending to them respectively to provide sufficient funds for sinking the same in a reasonable time.
Resolved by this Assembly, That a Prison Ship be provided for the reception of the prisoners of war in this State, if a convenient one can be hired or impressed for a convenient time at a reasonable price. And his Excellency the Governor is authorized and desired, by and with the advice of the Council of Safety, to give such orders therein as he shall judge most expedient.
Resolved by this Assembly, That his Excellency the Governor be desired, and he is hereby desired, to address each of the United States on the subject of the circulating medium, and inform them of the resolutions of this State thereon, and to correspond with them on any matter of common concern to these States.
Resolved by this Assembly, That the troops of this State in Colo. Enos' regiment are entituled to the same refreshments as are allowed to the continental troops raised in this State while in continental service.
Resolved by this Assembly, That his Excellency the Governor be desired, and he is hereby desired and fully impowered, to nominate and appoint an Agent in the State of Massachusets Bay, for the purpose of managing and conducting all matters, causes and things, relative to all prizes, captures or parts of captures, taken and brought into port there by any ships or vessels of war belonging to this State; and that his Excellency be desired to impower such agent to act and transact in the matters aforesaid pursuant to such orders and instruc- tions as he shall receive from time to time from this Assembly or his Excellency the Governor with the advice of his Council of Safety.
Resolved by this Assembly, That there be imported, as soon as possible, blankets and other coarse woollens into this State for the use of the State, to supply the continental army, to the value of twenty thousand pounds sterling, from France or elsewhere; and his Excellency the Governor and Council of Safety are hereby impowered
419
OF CONNECTICUT.
1777.]
to carry this resolve into execution in such way and manner as they shall judge the most safe and expeditious.
Resolved by this Assembly, That the Commissary of Prisoners be and he is hereby directed to send under proper guard thirty of the prisoners sent from the State of New York which arrived at Hartford on the 17th instant, to the town of Windham, to be confined in Wind- ham county goal under the care and direction of the sheriff of said county, and that twenty of the prisoners sent from said State of New York at the time aforesaid be by said Commissary in like manner sent to the town of Norwich, to be confined in the county goal in Norwich under the care and direction of the sheriff of New London county ; and said sheriffs are required to receive said prisoners accord- ingly and to make necessary provision for their subsistance, and to provide proper guards for the safe keeping said prisoners and the security of the inhabitants, with power to let such of said prisoners go out to labour as may be judged safe, with the advice and under such restrictions as said sheriff with the advice of the selectmen of the respective towns to which said sheriffs belong shall judge safe and best.
An Act for providing for the Non-Commissioned Officers and Soldiers belonging to the Battalions of Continental Troops raised by this State and the Families of such Officers and Soldiers.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the respective towns in this State shall annually during the present war choose a committee for the purpose of supplying the families of such officers and soldiers belonging to their respective towns with such provisions and eloathing as may be necessary for their support, to the amount of the sum of money as shall by such officer or soldier be lodged in their hands for that purpose, not exceeding the one half of the annual amount of their wages, and shall deliver the same to such families at the prices stated by a late law of this State entituled An aet to prevent monopolies and oppression by excessive and unreasona- ble prices for many of the necessarys and conveniencies of life. And that in case said committee cannot procure such provision and cloath- ing at a reasonable price, upon their or the major part of them applying to and representing the same to any assistant or justice of the peace, it shall be the duty of such authority to grant a warrant to seize and impress the same from such person or persons as can con- veniently spare the same, to be judged by the committee praying out such warrant; who having impressed any such article shall cause the same to be apprized by three indifferent men, one to be chosen by said committee, one by the proprietor of such articles, and one by the officer who served said warrant; and in case said proprietor shall neglect to choose an apprizer the same shall be chosen by said officer; and upon the payment or tendry of the sum at which said articles
420
PUBLIC RECORDS
[October,
shall be apprized to the owner thereof, the said officer shall deliver the same to said committee. And all cost shall be paid by the owner of such articles in case the same shall not be apprized at a greater sum than had been offered by said committee, and may by them be deducted out of the price of such articles; otherwise to be paid by said committee and refunded to them out of the town treasury to which said committee belong; and whatever sum shall be paid for any such article, either by agreement or apprizement, more than the price stated by said act shall be paid by said towns respectively ; and the several towns shall state their accounts of the articles supplied and what they have paid over and above the sums received from said non-commission officers and soldiers for whose families they have so provided and lay the same before the General Assembly, that the same may be examined and adjusted, which being done the said towns shall be paid the sums allowed out of the treasury of this State.
Be it further enacted by the authority aforesaid, That when any commissary appointed by this State for the purpose of supplying the non-commission officers and soldiers in continental service from this State with necessarys and refreshments not supplyed them by the Commissary General, shall not be able to purchase the same at a reasonable price, upon application by them made to said committees, shewing where the same may be obtained as aforesaid, the same method may be taken for impressing the same as is already in this act provided for supplying the families of such officers and soldiers, and shall be delivered them at the several prices stated in the afore- said act, which shall be deemed the prime cost, and the overplus to be paid and born by this State; and the cost incurred thereby shall be paid by the owner of such articles in case the same shall not be apprized at a greater sum than that had before been offered by said commissary, and may by him be deducted ont of the price of said articles as aforesaid, otherwise to be paid by said commissary and refunded to him out of the treasury of this State. And the officer serving any such warrants shall make return thereof to the authority granting the same, who is hereby authorized to tax all the cost aris- ing thereon and order the payment thereof accordingly.
Be it further enacted by the authority aforesaid, That whenever the militia of this State shall be called out of the same and there do military duty, the non-commission officers and soldiers shall be enti- tuled to the same necessaries and refreshments and at the same rates as those belonging to this State in the continental army are entituled to. And all committees heretofore chosen for the purpose of supply- ing the families of such officers and soldiers shall be vested with the same powers and be under the same regulations as the committees to be chosen by virtue of this act.
Be it further enacted by the authority aforesaid, That if any town in this State shall neglect to comply with any of the particulars required by this act, on complaint thereof and proof made to this
421
OF CONNECTICUT.
1777.]
Assembly such town shall be liable to suffer such disabilities, forfeit- ures or penalties, as on consideration of the case this Assembly shall see fit to inflict. And the several State Attorneys are required to make information of the breaches of this act within their respective counties to the General Assembly, that such disobedient or negligent town may be dealt with accordingly.
Be it enacted by the authority aforesaid, That no person shall be chosen by virtue of this act a committee man or an apprizer untill he hath taken the oath of fidelity to this State. And the apprizers shall be under oath to apprize such articles as shall be impressed as afore- said at their true and just value in money, and shall have allowed them a reasonable reward for their service, to be taxed as aforesaid.
Whereas his Excellency the Governor and his Council of Safety on the 12th day of September, 1777, resolved that each town in this State be requested to make provision to procure immediately one shirt, or more if they see fit, either linen or flannel, one hunting-shirt or frock, one pair of woolen overhalls, one or two pair of stockings, and a pair of good shoes, for each non-commissioned officer and soldier in the continental army belonging to such town, and deliver the same to Messrs. Elijah Hubbard or Royal Flint, superintending commissaries for this State, to be by them conveyed to the respective issuing com- missarys of the battalions of the continental army raised in this State, to be by them delivered to the non-commissioned officers and soldiers raised in this State at the following rates: Shoes at eight shillings and six pence per pair, stockings at six shillings per pair, shirts, hunting-frocks and overhalls, according to the quality in proportion to good yard wide tow cloth at two shillings and nine pence per yard, and good yard wide check'd or striped flannel at three shillings and six pence per yard.
Whereupon it is resolved by this Assembly, That every town in this State be obliged forthwith to comply with the aforesaid requisition : not only in regard to the number of soldiers belonging to such towns respectively, but also to make the same provision for each town's whole quota of soldiers as stated by the Governor and Council of Safety, and cause the same to be delivered either to the said Hubbard or Flint, or to some one of the purchasing commissaries in the respec- tive counties in this State, taking their receipts for the same, and transmit an account thereof to the General Assembly, which shall be paid for out of the treasury of this State, as shall be stated by said Assembly. And in case said cloathing cannot be otherwise procured, the same may by warrant from any one assistant or justice of peace, which warrant said authority are hereby impowered, upon application to them made by the committees appointed by said towns for the purpose of procuring said cloathing or for the supplying the fami- lies of said officers and soldiers, to grant, be impressed from any per- sons who can conveniently spare the same, to be adjudged by said committees; which being donc, the same shall be appraised by three
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PUBLIC RECORDS
[October,
indifferent persons to be under oath for that purpose and who have taken the oath of fidelity to this State: one to be chosen by the owner of such articles, one by said committee, and one by the officer serving such warrant; and in case said owner shall neglect to choose such apprizer as aforesaid, the same shall be chosen by said officer, and the cost arising upon said warrant (being first taxed by the authority granting the same) shall be paid by the owner of said articles, pro- vided the same be not apprized at a greater sum than had before been offered by said committee, and may by them be deducted out of the price of said articles, otherwise to be paid by said committee and charged in the account with said articles and transmitted to the Assembly and be finally paid out of the treasury of this State. And if any town in this State shall neglect to comply with the foregoing resolve untill the first day of January next, they shall be amerced in the sum of twenty pounds, and the several State Attorneys are directed. to cause due prosecution to be made of the same accordingly. And in case any persons are desirous to send any of the articles aforesaid to their friends in the continental army from this State, they may put. up the same in packages properly marked and directed, which shall be duly delivered and receipts taken and payment be made for the same as aforesaid, not exceeding the quantity above prescribed for one single person, and shall be accounted as part of said town's quota.
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