The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive, Part 58

Author: Connecticut; Council of Safety (Conn.); Connecticut. General Assembly; Providence (R.I.). Convention (1776-1777); Springfield (Mass.). Convention (1777); Hartford (Conn.). Convention. (1779); Philadelphia. Convention (1780); Boston. Convention (1780); Hartford (Conn.). Convention (1780); Morgan, Forrest, 1852-; Labaree, Leonard Woods, 1897-; Hoadly, Charles J. (Charles Jeremy), 1828-1900
Publication date: 1894-<1997 >
Publisher: Hartford : Press of the Case, Lockwood & Brainard Co.
Number of Pages: 674


USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 58


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Upon the memorial of Samuel Camp of Durham, shewing to this Assembly that he marched the 17th day of August, 1776, in the char- acter of a lieutenant in Capt. Hickox's company in Colo. Baldwin's regiment of this State; that he did duty therein until regularly dis- charged and allowed in the pay abstract for said company one days pay for every twenty miles to return home and no more; that he was taken sick at Stamford on his return home and necessarily detained thereby twenty-one days, and has not been allowed or received any


502


PUBLIC RECORDS


[January,


pay therefor ; praying he may be paid his wages for said time, amount- ing to £3 15 7: Resolved by this Assembly, that the Committee of the Pay-Table be and they are hereby ordered and directed to draw in favour of the said Samuel Camp on the Treasurer for the sum of three pounds fifteen shillings and seven pence and properly charge the United States for the same.


Upon the memorial or petition of Ebenezer Brown, of Killingley in the State of Connecticut, shewing to this Assembly that James Redway of said Killingley, late deceas'd, did in life time, viz : on the third day of April, 1776, for the consideration of seventy-five pounds, lawfull money, paid to said Redway, sign, seal and deliver to the peti- tioner in presence of three witnesses a warranty deed of about fifty acres of land situate in Killingley aforesaid, and that through negli- gence &c. of said Redway and the petitioner the said deed was not acknowledged before proper authority; the widow and children of said deceas'd joining with the said Brown, praying for relief &c., as per petition on file : Resolved by this Assembly, that the abovesaid deed be and the same is hereby ratifyed, confirmed and established, to all intents and purposes as if the same had been acknowledged by the same James Redway in his life time before proper authority. And the town clerk of the town of Killingley is hereby directed to enter said deed of record in manner and form as the same might have been if properly acknowledged; and being so recorded together with this resolve shall be as compleat evidence of the transfer and title of said land as if said deed had been acknowledged as aforesaid.


Upon the memorial of Rebekah Hurd, administratrix on the estate of Asahel Hurd late of Woodbury, deceas'd, shewing to this Assembly that the debts and charges exhibited against said estate and allowed by the court of probate for the district of Woodbury, together with some small allowance to the widow, surmount the moveable part of the estate of said deceas'd the sum of £52 17 1; praying liberty to sell so much of the real estate of said deceas'd as will raise said sum with the incident charges arising thereon : Resolved by this Assembly, that said administratrix have liberty, and liberty is hereby granted to her, to sell so much of the real estate of said deceas'd as will raise said sum of £52 17 1, L. money, with the incident charges arising thereon ; taking the direction of the court of probate for the district of Wood- bury therein.


On the memorial of Hezekiah Humphry, Esq', administrator on the estate of James Bunce of Symsbury, deceas'd, for liberty to sell of the real estate of the said deceas'd to the amount of £5 11 3, L. money, with charge of sale &c., as per memorial on file &c .: Resolved by this Assembly, that the memorialist have liberty and it is hereby granted to him, to sell so much of the real estate of the said deceas'd


503


OF CONNECTICUT.


1778.]


as will raise the sum of £5 11 3, L. money, together with incident charges of sale thereof; to be sold by the advice of the court of pro- bate for the district of Hartford.


Upon the memorial of Sarah Ledyard and Hannah Watson of Hartford, shewing to this Assembly that the paper-mill in Hartford owned by them unfortunately took fire in the night of the 27th inst. and burnt to ashes, with a large stock of rags, paper &c., and that they are desirous for rebuilding the same and want some assistance of this Assembly, as per memorial on file: Resolved by this Assembly, that as the rebuilding the said paper-mill is of public necessity and utility, the memorialists have liberty, and liberty and authority is hereby granted to them, to set up and cause to be properly drawn a lottery at their risque and charge, to raise a sum not exceeding fifteen hundred pounds, money, to be to the memorialists in proportion to their loss sustained in said mill : they giving bond with good sureties in the sum of three thousand pounds to the Treasurer of this State, conditioned to save this State harmless from all damage, cost &c. on account of said lottery, and that the money that shall be raised by said lottery shall be appropriated to the building of said paper-mill. And Doet Solomon Smith, Mr. Samuel Talcott jun" and Mr. James Bull of Hartford, are hereby appointed managers of said lottery, who being sworn are impowered to proceed and form such scheme as in their judgment shall be most equal for the adventurers and most beneficial to said lottery, and to sign the tickets and fix the time for drawing said lottery, and shall see the same fairly managed and drawn and the fortunate adventurers duly paid.


Upon the petition of Nathan Daton, of New Milford in Litchfield county in the State of Connecticut, representing to this Assembly that although at the commencement of the present war waged by the King of Great Britain to establish tyranny over the American States he, the said Daton, took an active part on the side of his country, yet in the month of November, 1776, having his mind from some disas- trous incidents of the war filled with gloomy apprehensions for the fate of his country, sundry of his acquaintance by the stratagem of magnifying the dangers of his country and by the strongest assurances of the safety and peace he might enjoy under the protection of the regulars on Long Island in the State of New York, deluded and seduced him, the said Daton, then to retire to said island then in possession of said enemies, in order so far to join them as to put him- self under their protection, and that upon his arrival at the enemies head quarters on said island for that purpose only Colo. Delaney, their commander, tyrannically forced him to bear arms with said enemy under pain of military execution ; that however the latter part of November last he happily effected his escape from said military bond- age, and on arriving at said New Milford was upon the ninth day of


504


PUBLIC RECORDS


[January,


December last legally arraigned before Samuel Canfield, Esq", a law- full justice of peace in this State, on a complaint exhibited against him by Thomas Hays, a grandjuryman, for his criminal conduct in the premises, and by said justice on mittimus dated the same ninth day of December aforesaid committed to Litchfield county goal, there to be kept till delivered by due course of law, in which goal he still remains accordingly. And the said Daton expressing a great sensi- bility of his folly in seeking for protection under tyranny, and deep contrition for his criminal conduct in the premises, humbly imploring the pardon of this Assembly therefor, also expressing his desire of taking the oath of fidelity to this State : Resolved by this Assembly, that the said Nathan Daton shall be no further prosecuted or pro- ceeded against on said complaint exhibited against him by said grand- jury-man Hays, nor be any otherwise indicted, prosecuted or proceeded against, before any court-martial or executive courts of civil law, and no otherwise molested or troubled for or on account of the facts men- tioned in said complaint of said Hays relative to his, the said Daton's, joining the enemies of this State on said Long Island. And that upon the said Daton's taking the oath of fidelity to this State he shall be intituled to the enjoyment of the common rights of the subjects of this State ; and also on paying and depositing in the hands of the keeper of Litchfield county goal the whole costs occasioned by and arisen consequent upon the complaint of said grandjuryman Hays he, the said Daton, shall by said keeper be released and freed from his present confinement aforesaid in said prison.


On the memorial of Benjamin Smith and Jonathan House, admin- istrators on the estate of Richard Smith late of Glastonbury, deceas'd, for liberty to sell of the real estate of the said deceas'd the sum of £57 8 5, L. money, to discharge the debts due from the estate of the said deceas'd with incident charges &c., as per memorial on file : Resolved by this Assembly, that the memorialists have liberty and it is hereby granted to them, to sell so much of the real estate of the said deceas'd as will raise the sum of £57 8 5, L. money, to answer said debts, together with incident charges arising on the sale ; taking the advice of the court of probates in the district of Hartford in the sale thereof.


Upon the memorial of Samuel Stevens, of Stamford in Fairfield county, administrator on the estate of David Stevens jun" late of said Stamford, deceas'd, shewing to this Assembly that the debts due from said estate surmount the personal estate of said deceas'd the sum of £344 18 6₺, L. money ; praying to be impowered to sell real estate to raise said sum &c .: Resolved by this Assembly, that the said Samuel Stevens be and he is hereby authorized and impowered to sell real estate of said deceas'd to raise said sum of £344 18 63, L. money,


505


OF CONNECTICUT.


1778.]


to enable him to pay said debts and also the charges of sale; taking direction of the court of probates in the district of Stamford therein.


Upon the memorial of Solomon Leet, of Guilford in the county of New Haven, shewing to this Assembly that on the 17th day of June, 1777, the enemies of the American States landed in said Guilford at a place called Sachem's Head and set fire to his dwelling-house and two large barns, which consumed the same with his household furni- ture and many other articles, which he has since eaused to be apprized by three judicious disinterested freeholders, viz : Samuel Brown, John Elliott, and Ebenezer Hobson, all of said Guilford, and inventory thereof to be made under their hands. And your memorialist, willing to preserve the evidence thereof, that should any compensation be made to such kind of sufferers he may probably make his claim, pray- ing that the aforesaid inventory may be lodged among the files of this Assembly in the Secretary's office, as per memorial on file &c .: Resolved by this Assembly, that the inventory taken by said free- holders and here presented and amounting to £522 7 7, be lodged in the files of this Assembly as prayed for .*


Upon the memorial of the inhabitants of the town of New Fairfield in the State of Connecticut, praying this Assembly to grant them liberty to make, mend and repair their highways by a rate or tax at all times hereafter, and enable them to tax themselves from time to time to defray the expences of it &c., as per memorial on file : Resolved by this Assembly, that the said town of New Fairfield have liberty, and authority is hereby granted to the inhabitants of said town, to tax the polls and rateable estate of said inhabitants to raise such sums of money as said town shall from time to time judge neces- sary and sufficient to repair all public highways in said town ; which tax shall be collected by the several surveyors of the several districts for repairing highways in said town and be by such surveyors laid out and improved for the repairing highways in each district in said town. And said town is hereby impowered, by the selectmen or a committee chosen annually or from time to time as occasion shall require, to divide the highways in said town into districts, and to assign to each surveyor a certain proportion of highways to be repaired and main- tained, and to divide out and proportion to the several surveyors of the several districts the money so raised by said town according to the quantity or proportion of roads set out to them as aforesaid to be repaired and maintained. And any assistant or justice of the peace is hereby authorized to issue forth warrants to such surveyors to levy and collect such taxes arising in manner aforesaid within their respec- tive districts, in the same manner and form as other town rates are collected. And every such surveyor shall render a true account of


* It is in Rer. War, x, 45.


506


PUBLIC RECORDS


[January,


such money by him so collected to the selectmen of said town in a reasonable time when thereunto required after the same becomes pay- able to said collectors ; and all surplus of such money as shall remain in the hands of such surveyors, or any of them, after such highways are sufficiently repaired shall be paid into the hands of the treasurer of said town for the time being, and by him and his successor in said office paid out to the next succeeding surveyors of the several districts respectively, in the same proportion as the money raised by said town for the purpose of repairing highways for the then current year shall by said selectmen or committee be ordered to be divided. And it is further resolved, that this liberty and authority shall be and remain to said town of New Fairfield during the pleasure of this Assembly.


Upon the memorial of Daniel Brown and John Parker jun', of Cov- entry in Windham county, shewing to this Assembly that in the month of May, 1775, they inlisted in the service of this State in the company commanded by Capt. Israel Putnam and with him marched to Cambridge and there served untill December then next, and for which they have not received any wages and pay for said service &c., as per memorial on file : Resolved by this Assembly, that the Com- mittee of Pay-Table be and they are hereby authorized and directed to examine, adjust and allow to the said Brown and Parker such sums of money as they shall find justly due for said service, and draw on the Treasurer of this State for payment thereof accordingly.


Upon the petition of Dudley Drake &c., complaining of error in the judgment of the superior court against him &c. for incest &c .: Resolved, that the consideration of this petition and matters therein alledged be referred to the General Assembly of this State at their next sessions, and the execution of the judgment complained of there- in is hereby suspended untill said petition can be heard and deter- mined.


Upon the memorial of the selectmen of Greenwich, shewing to this Assembly that pursuant to a resolve of this Assembly in November. 1776, and a subsequent order from his Excellency the Governor and his Council of Safety drawn on the managers of the cannon foundery at Salisbury, said selectmen procured and transported from thence to Greenwich four cannon, which they cansed to be well mounted on carriages fit for the defence of this State, and being so mounted pro- cured a sufficient quantity of powder and shot for the same and also employed twenty-one men, officer included, to manage said cannon ; praying this Assembly to order payment of the expence that hath accrued on the premises and that the company do receive such pay and allowances [as] may seem just &c., as per memorial on file : Re- solved by this Assembly, that the Committee of Pay-Table be and they are hereby directed to settle and adjust the wages due to the


507


OF CONNECTICUT.


1778.]


said company, and draw on the Treasurer for what they shall find justly due thereon.


Upon the memorial of Thomas Cooper, administrator on the es- tate of Lieut. Samuel Cooper late of Chatham, deceas'd, shewing to this Assembly that the debts, charges and allowances due from said estate surmounted the moveable part of said estate the sum of ££317 18 11 ; praying for liberty to sell so much of the real estate of the said deceas'd as may be necessary to pay the sum aforesaid with inci- dent charges of sale, as per memorial on file appears : Resolved by this Assembly, that said Thomas Cooper have liberty and authority to sell so much of the real estate of the said deceas'd as may be suffi- cient to pay the said sum of £317 18 11 with incident charges aris- ing on such sale ; taking the advice of the court of probate for the district of Midletown therein.


Upon the memorial of Park Avery jun' of Groton, collector of public taxes for the year 1777, representing to this Assembly that at their session in October last, on the memorial of Latham Avery, Joseph Bailey, John Deball, Job Tyler, John Philips, Benja. Phillips, and Elijah Phillips, all of Groton, shewing they were assessed four- fold by the listers of said Groton on their lists for the year 1776, it was resolved and directed their fourfold assessments should be abated to the amount of their single lists, and the Treasurer directed to allow and settle the same accordingly, on said town repaying the amount of what school money they received from the Treasurer on said abatements, but on said memorialists applying to the Treasurer for settlement and abatement on said Avery, Bailey, Deball, Tyler, and Philips's fourfolds find the listers of Groton through mistake have returned said fourfold assessments to the Treasurer as single addi- tions, though on his rate bill made and delivered him by the town clerk of Groton said rates are inserted as fourfold assessments ; pray- ing there may be an abatement allow'd on said Avery, Bailey, Deball, Tyler, and Philips's lists to the amount of £894 from the single addi- tions returned to the Treasurer by said listers of the town of Groton for the year 1776, as per memorial on file : Resolved by this Assem- bly, that the Treasurer be and he is hereby directed to abate to the said Avery, Bailey, Deball, Tyler, and Philipss the sum of £894 0 0 on the single additions sent in by the listers of Groton for the year 1776, and settle and allow the same to the memorialists on his repay- ing the amount of school money the town of Groton has received on said £894 0 0.


Resolved by this Assembly, That this Assembly be adjourned, to be holden at Hartford in this State on Thursday the 12th day of Feb- ruary next at nine of the clock in the morning, and his Excellency the Governor is desired to adjourn the same accordingly.


508


PUBLIC RECORDS


[January,


Upon the memorial of Nathaniel Royce and others, officers and soldiers in the fifteenth company of the tenth regiment of militia in the State of Connecticut, shewing to this Assembly that upon the resignation of Jesse Moss, captain of said company, on or about the twelfth day of May, 1777, he received orders from Thaddeus Cook, Esq', colonel of said regiment, to lead said company to the choice of a captain in the room of said Captain Moss, and also a lieutenant for said company ; that the said Captain Moss on or about the 27th day of May legally convened said company, published his resignation and led them to the choice of officers to fill up said vacancies, when they made choice of Robert Martin to be Captain of said company and Reu- ben Royce jun' to be Lieutenant of said company, and made due return to the Honble General Assembly of this State in their sessions at Hartford in May last; that said return is by some means lost, mis- laid or destroyed, and that said Captain Moss cannot be perswaded to make another return of the choice of said officers ; and praying that the case of said company might be considered, and that said officers might be commissioned &c., as per memorial on file, dated December 29th, 1777 : Resolved by this Assembly, that the aforesaid Captain Jesse Moss be directed forthwith to make a new return to the General Assembly of this State of the choice of the commission officers of said company as made on the 27th day of May, 1777.


Upon the memorial of Samuel Hawley, of Redding in the county of Fairfield, shewing to this Assembly that he is now a prisoner in said county, held to answer for crimes against the State, and that under the influence of a belief that the country would be subdued he, in April last, left the country and went to the enemy, but being after- wards perswaded that his conduct was unjustifyable and on or about the 19th of November last he was induced by the proclamation of the Honble Gen1 Putnam, issued the 17th of November, offering a pardon to such as should return to their habitation to return home, and there- upon he did return home and resign himself up to authority and took the oath of fidelity, and praying for a pardon of his offence, as per memorial on file : Resolved by this Assembly, that said Samuel Haw- ley be released from his present confinement on his paying the costs of his prosecution, and that he be discharged, and he is hereby par- doned and discharged from any further prosecution for said offence.


This Assembly, pursuant to a resolve of the same, was adjourned (by proclamation) to be holden at Hartford in this State on Thursday the 12th day of February next at nine of the clock in the morning. Teste, GEORGE WYLLYS, Secret'y.


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OF CONNECTICUT.


1778.]


AT A MEETING OF THE GOVERNOR AND COUNCIL OF SAFETY ], HELD AT. HART- FORD, JANUARY 9TH, 1778.


Present : His Excellency the Governor. The Deputy Governor.


Gen. Huntington, Gen1 Wadsworth, 1 Roger Sherman, Benin Pain, Wm. Pitkin, N. Wales jun", Esqrs.


Wm. Williams,


Voted, To draw on the Committee of the Pay-Table for the sum of five hundred pounds, lawful money, to be paid to Capt. Roswel Grant : one hun- dred pounds of said sum to be by said Grant improved to pay the wages of the company raised by this State and ordered to march under the command of said Grant to the State of Rhodisland to serve under the command of Majr Gen1 Spencer ; the other four hundred pounds to be paid by said Grant to Brigadier General John Douglass, to be by said Douglas improved for the payment of four companys of soldiers raised in his brigade and ordered to march to said State of Rhodisland to serve under the com- mand of said Gen1 Spencer ; and to render an account.


Voted, That Brigadier Gen1 Jolin Douglass be and he is hereby directed to order or provide sufficient and necessary teams and carriage to transport the bagage of the four companys of soldiers ordered to be raised in and marched from his brigade to Providence.


Voted, That Capt. Roswel Grant be and he is hereby directed to provide sufficient and necessary teams and carriage to transport to Providence the bagage of the company ordered to march there under his command.


The aforegoing order on the committee in favour of Capt. Roswel Grant was this day drawn and delivered to said Grant, being for the sum of five hundred pounds, lawful money ; one hundred for the use of his company, the other £400 to be by him delivered to Brigadier John Douglas, agree- able to said vote ; and to account.


AT A MEETING OF THE GOVERNOR AND COUNCIL OF SAFETY HELD AT HART- FORD THE 12TH DAY OF JANUARY, 1778. Present: His Excellency the Governor. His Honor the Deputy Governor. Gen1 Jabez Huntington, Maj' Hillhouse, } Hon. Roger Sherman, Ben" Pain,


Hon. Wm. Williams, N. Wales jun', Gen. Wadsworth,


Esq"s.


An order drawn in favour of the selectmen of Killingworth on Mr. Josiah Elliot of Bedford for 33 bushels of State salt. Also an order on said Josiah Elliot in favor of the selectmen of Seabrook for 44} bushels of State salt at Bedford. Said selectmen in both cases to pay storage; with a pro- viso in both orders that former orders granted to said selectmen have not been answered. Said orders delivered to Majr Hillhouse.


Voted, That Lieut. Colo. Larrence be permitted to be exchanged for Col. Sam1 Webb; and for that purpose said Larrance to go to New York on his parol, and if not agreed to that he return to Wethersfield by the 6th of Feb- ruary, 1778.


510


COUNCIL OF SAFETY


[January,


Voted, To desire his Excellency the Governor to write to Gen1 Clinton and inform him of the condition on which the State prisoners from New York were permitted to return and to propose the exchange of Col. Ely for Col. Delancey, or that each one be permitted to return to their respective abodes on parol till exchanged.


Voted, That a letter be addressed to Congress, urging that a general ex- change of prisoners may take place as soon as possible.


AT A MEETING OF THE GOVERNOR AND COUNCIL OF SAFETY HELD AT HART- FORD JANUARY 13TH, 1778.


Present : His Excellency the Governor. The Deputy Governor.


Gen1 Huntington, Gen1 James Wadsworth, )


Roger Sherman, Wm. Hillhouse,


Col. Wm. Pitkin, Benin Pain,


Col. Abraham Davenport,


Wm. Williams.


Nath. Wales jun", 1 Esq™s.


Voted, To draw on the Committee of the Pay-Table in favour of John Smith, lieut. of the ship Oliver Cromwell in the service of this State, for the sum of one hundred and fifty pounds, lawful money, to be by him improved in paying the wages of the men he has inlisted and may inlist to serve on board said ship, and to account.


14 Jan'y, order delivered to sd Lieut. Smith.


Order drawn on Mr. Josiah Eliott to deliver to the selectmen of East Haddam 46} bushels of salt belonging to this State.




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