USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 62
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Resolved by this Assembly, That Wednesday, the 15th day of April next, be appointed to be observed as a day of solemn humiliation,
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PUBLIC RECORDS
[February,
fasting and prayer throughout this State, and his Excellency the Governor is desired to issue his proclamation accordingly .*
Resolved by this Assembly, That a printed copy of the act passed the present session, for regulating labour, produce and commodities in this State, be transmitted to Congress and to the Legislatures of the States of New Hampshire, Massachusets Bay, Rhode Island, New York, New Jersey and Pennsylvania; and the Secretary is directed to transmit the same accordingly.
Resolved by this Assembly, That three hundred copys of an act of this Assembly in their present session, entituled An act for raising two brigades for the defence of this State, be forthwith printed ; and the sheriff of the county of Hartford is directed to cause the same to be done, to receive and forthwith convey one of them to each of the brigadiers and 32 to each of the colonels appointed to command said brigades and the several regiments therein, to be by them properly distributed to their subordinate officers. And said sheriff is to retain the remainder, to be sent as soon as may be one to the town clerk of each of the respective towns in this State.
Whereas this Assembly at their sessions in January last ordered that sundry companies of matrosses should be raised for the garrisons at New London, Groton &c., and to defend the sea coasts, and it be- ing now represented to this Assembly that said matrosses cannot be raised agreeable to the plan then adopted,
Resolved by this Assembly, That the company of fifty ordered for Groton and Stonington be all stationed at Groton : said company to have the same number of non-commission officers as was stationed there last year; and that an additional number of twenty men, in- cluding 1 sergeant, 1 corporal, commanded by one lieutenant, shall be raised for the fort at Stonington under the same rules and regulations as those ordered to be raised in January. That there be a bounty of £4 0 0 given to each non-commission officer and private that shall en- gage in said service and be furnished as in said January resolve is directed. That there be some proper person appointed to command the forts at New London, Groton and Stonington, with the rank and pay of a major, and to superintend the works, give proper orders about the military stores and tools in said fortifications, to continue in service untill the first of January next.
And it is further resolved, That his Excellency the Governor and Council of Safety be directed and impowered to appoint said officers and give proper directions to carry into execution this resolution in addition to the said January resolve.
* March 7th, 1778, Congress recommended setting apart Wednesday, April 22d, as a day of fasting, humiliation, and prayer, and March 21st, Gov. Trumbull issued a proclamation accordingly.
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OF CONNECTICUT.
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Resolved, That Joseph Thomson, colonel of the second regiment of militia in this State, immediately order a guard of twenty-four men for the defence of the town of New Haven, to be draughted from the several companies in said regiment, to be commanded by one lieuten- ant, one serjeant and one corporal, to act under the direction of the said Colonel Thomson ; and Jonathan Fitch, Esq", commissary, is directed to supply them with provisions: they to continue in service untill the first day of April next, unless sooner discharged.
This Assembly do appoint the Honble Joseph Spencer, Esq", to be a member of the Council of Safety for this State untill the rising of this Assembly in May next, in the room of Titus Hosmer, Esq", resigned.
Whereas Major Thomson, commanding officer present of the con- tinental battalion now stationed at Farmington in this State and under marching orders to proceed to the Saw Pitts in the State of New York, has represented to his Excellency the Governor that said battalion is destitute of money and a number of articles of cloathing necessary for a march, and suggesting the difficulty of complying with said orders untill they are supplyed with a sufficient sum of money and the necessary articles of cloathing from this State or elsewhere : And whereas it appears to this Assembly that said battalion have lately received an ample supply of cloathing, excepting the articles of stockings, shoes and shirts, of which they are but partly deficient, and that they will probably soon receive their pay, or so much thereof as will be necessary to procure such articles and to assist them on their march :
It is therefore resolved by this Assembly, That his Excellency the Governor be and he is hereby desired to write the commanding officer of said battalion on the subject, signifying that he expects him to march said battalion to the place of destination, pursuant to orders given him, as soon as the circumstances of said battalion will render such march practicable, and to excite him by proper and vigorous ex- ertion to surmount every obstacle that may hinder their affording the necessary service required. And his Excellency the Governor and Council of Safety are hereby authorized and impowered (if necessary) to afford such aid and assistance as they shall judge expedient, to ex- pedite the march of said battalion; charging the expenditures they may be at to the account of the United States.
Resolved by this Assembly, That all the powers and authorities given to the Governor and Council of Safety of this State be, in the absence of the Governor, executed by the Deputy Governor and Council of Safety .*
* This communication had been sent in by the Governor :
To the Honble General Assembly of the State of Connecticut now sitting at Hartford : Governor Trumbull taketh this method to inform, that his indisposition is such
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Whereas by a resolve of the General Assembly of this State passed in their sessions in May, 1775, Jabez Hamlin, Mathew Talcott and Titus Hosmer, Esqrs, were appointed a committee to provide such stores of lead as they should think necessary for the State, and in behalf thereof to purchase the lead ore that then was or thereafter might be raised out of the lead mine in Midletown, and to procure said ore to be refined and fitted for use, and to ereet any furnace or building necessary for that purpose, and to draw on the Treasurer of this State from time to time any sums of money for said purposes as might be needful, not exceeding the sum of four hundred pounds in the whole : And whereas it appears to this Assembly that said manu- facture is unprofitable and far from answering the expectations of the public and the salutary purposes for which it was designed :
It is therefore resolved by this Assembly, That the manufacture aforesaid, so far as this State is interested, and as soon as the stock on hand, if any be, shall be wrought and the circumstances of the works shall admit of consistently with the good of this State, be dis- continued, and the same is hereby discontinued accordingly.
Whereas this Assembly in their sessions in October last resolved and ordered five thousand two hundred and fifty pounds in bills of two pence, three pence, four pence, five pence, and seven pence, sixty thousand bills of each, and appointed John Chester and others a com- mittee to sign said bills without fee or reward, and directed the Treasurer to deliver said bills to said committee or either of them. taking from them bills of credit of this State to the amount of such bills, which proves burthensome to said committee: Therefore,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That Colo. Isaac Lee, Major Gad Stanly, Mr. Pierpoint Edwards, Mr. Ezra Brownson, Ephraim Root, Constant Southworth, Lynde Lord, and Reuben Smith, Esqrs, Mr. Thomas Hayes and Majr Hezekiah Bissell, Colo. Comfort Sage and Mr. Joseph Webb, be, and they or either of them are appointed a committee, in addition to said former committee, to assist them in signing the bills aforesaid without fee or reward. And the Treasurer is hereby directed to deliver to said former com- mittee the remainder of said bills now in his hands, taking their receipts or promissory notes payable to the Governor and Company of this State on demand.
Resolved by this Assembly, That the sheriff of Hartford county be directed to procure to be printed in octavo one thousand copies of the articles, rules and regulations for preserving order, good government
that he is unable to attend on public business; that he intends to take the first favourable weather to return home; that he wisheth them wisdom, influence and direction in all the important affairs before them.
Tuesday, 3d March, 1778.
Rev. War, x, 128.
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OF CONNECTICUT.
1778.]
and discipline, among the militia and other forces of this State when called into actual service for the defence and security of the same; and that he distribute them to the several colonels or commanding offi- cers of regiments in proportion to the number of companies in their respective regiments.
Resolved by this Assembly, That Richmond Berry, Philip Buck, Thomas Silk, Edward Hicks, Edward Hix jun", John Young, Jacob Bowman, Adam Bowman jun', Jacob Brenner, John Henry Short. Henry Hover, John Hover, Nicholas Philips, Nicholas Philips jun", John Phillips, Jacob Anguish, George Kentner, and Frederick Frank, who were lately taken in arms against the inhabitants of the United States by the militia of Westmoreland and sent to the deputy com- missary general of prisoners in this State, as prisoners, ought to be received by said commissary and treated as prisoners of war : Provided, that nothing in this resolve shall be understood to excuse them or any of them from any treasonable or other offences against the laws of any particular State, or from being dealt with accordingly.
Resolved by this Assembly, That the sheriff of the county of Hart- ford be directed to procure 100 copies of the several resolutions of Congress relative to the Continental Loan Office to be printed as soon as may be, and send a due proportion of the same to the sheriffs of the other counties, by them to be transmitted to the several persons appointed by this Assembly to receive subscriptions for said loan office.
Resolved by this Assembly, That a company consisting of one sub- altern, three serjeants and thirty privates be immediately raised by voluntary inlistment, to guard the Treasurer and Loan Officer's office, the Secretary and Pay-Table's offices, agreeable to orders from the Treasurer, Secretary and Committee of Pay-Table from time to time, and said company to receive half pay and to be exempted from other military duty during their continuance in said service, and to continue in service untill the first day of June next, unless sooner discharged.
It being represented to this Assembly by Brigadier General Par- sons, by his letter of the 27th of Feby, 1778, that a number of teams are absolutely necessary for the transportation of provisions from the borders of this and the State of New York to King's Ferry or other places on the North River, for the use of the troops under the com- mand of his Excellency General Washington, which cannot be procured in the ordinary way,
Therefore it is resolved by this Assembly, That upon application being made by the said Brig. General Parsons to any assistant or justice of the peace in the county of Fairfield or Litchfield in this State, praying that teams may be impressed &c., it shall be the duty
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PUBLIC RECORDS
[February,
of such assistant or justice of the peace, and who are hereby ordered and directed, forthwith to grant and issue proper warrant or warrants, directed to any proper officer or person, to impress such a number of teams as the said Brigadier General Parsons shall think necessary for the purpose aforesaid, and apply for the payment of the expence to the Quarter-Master-General; and if payment shall not be obtained, then to lay their accounts before the Committee of Pay-Table for adjust- ment, and said committee are to draw on the Treasurer of this State for payment thereof and charge the same to the United States.
Whereas the late regiments raised by this State, commanded by Colonels Enos and Ely, have been ordered out of the same and thereby been subjected to greater hardships and expence than was expected at the time of their engagement, in consideration for which this Assembly have already heretofore made an allowance to the captains and also to the non-commission officers and soldiers, which makes it reasonable that the subalterns should be likewise considered : Where- fore,
Resolved by this Assembly, That each lieutenant, adjutant and quarter-master, in said regiments have and receive the sum of six pounds, and each ensign thercin the sum of five pounds, in compensa- tion for their extraordinary marches and expence as aforesaid; and the Pay-Table is hereby directed to settle the same and draw on the Treasurer for the payment thereof accordingly.
Whereas the listers of the town of Kent having certifyed to this Assembly that the additions to the list of the polls and rateable estates of the town aforesaid for the year 1777 amounts, including the assess- ments, to the sum of five hundred and eighty-five pounds : Resolved by this Assembly, therefore, that the same be accepted and approved and added to the general list of said town returned to this Assembly in January last; and the Treasurer is hereby ordered and directed to send out his warrant to collect the taxes arising on the same.
Whereas the three regiments of light-horse belonging to this State on the west side of Connecticut River marched in the summer of the year 1776, under the command of Lieut. Colonel Thomas Seymour to the assistance of the continental army then at New York, for which service they have not received their pay : Resolved by this Assembly, that the said Lieut. Colonel Seymour be and he is hereby ordered and directed forthwith to procure from the commanding officer of each of the troops in said regiment a pay-roll of the troop under his command while in said service, except where such pay-roll has been already received, and thereupon make up a proper pay-abstract and the same present to the Commander-in-Chief of the continental army, or other proper officer or officers, for acceptance and payment of the ballance due thereon, and on receipt thereof to pay to the commanding officer
541
OF CONNECTICUT.
1778.]
of each troop the sum due to said troop, deducting such sum as may be already advanced to such troop, and the residue to the Treasurer of this State, and lay his account of expences in the premises before the General Assembly, that such orders may be had thereon as shall be just and reasonable.
Resolved by this Assembly, That all the causes and matters depend- ing at the superior court to be held at New Haven in the county of New Haven on the last Tuesday of February instant be and the same are hereby ordered to be continued to the superior court to be held at New Haven in and for the county of New Haven on the last Tuesday of August next, to be there tryed and determined, and that all parties concerned take notice and give their attendance accordingly.
Resolved by this Assembly, That all the causes and matters depend- ing in the superior court to be held at Fairfield in the county of Fair- field on the last Tuesday save one in February instant be and they are hereby continued to the superior court to be held at said Fairfield in and for the county of Fairfield on the last Tuesday save one in August next, to be then and there tryed and determined according to law, and all persons concerned are to take notice and give their attendance accordingly.
Resolved by this Assembly, That all the causes and matters depend- ing in the superior court at Litchfield in the county of Litchfield, which now stands adjourned from the second Tuesday of February instant, be and the same are hereby continued to the superior court to be held at Litchfield in and for the county of Litchfield on the last Tuesday save two in August next, to be then and there tryed and determined according to law, and all persons concerned are to take notice and give their attendance accordingly.
This Assembly do appoint Roger Enos, Esq', to be Colonel, Howell Woodbridge, Esq", to be Lieutenant Colonel, and Abiel Pease, Esq", to be Major of one of the six battalions now to be raised for the defence of this and the United States.
This Assembly do appoint Thaddeus Cook, Esq', to be Colonel, James Arnold, Esq', to be Lieutenant Colonel, and Abraham Tyler, Esq', to be Major of one of the six battalions now to be raised for the defence of this and the United States.
This Assembly do appoint Samuel Mott, Esq', to be Colonel, Nathan Gallop, Esqr, to be Lieutenant Colonel, and Joshua Hunting- ton, Esq', to be Major of one of the six battalions now to be raised for the defence of this and the United States.
This Assembly do appoint John Mead, Esq", to be Colonel, Ely Mygatt, Esq', to be Lieutenant-Colonel, and Eleazer Curtiss, jun', to
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PUBLIC RECORDS
[February,
be Major'of one of the six battalions now to be raised for the defence of this and the United States.
This Assembly do appoint Noadiah Hooker to be Colonel, Setli Smith, Esqr, to be Lieutenant-Colonel, and Bezaleel Bebee, Esq', to be Major of one of the six battalions now to be raised for the defence of this and the United States.
This Assembly do appoint Samuel Mcclellan, Esq', to be Colonel, Thomas Brown, Esq', to be Lieutenant Colonel, and Levi Wells, Esq', to be Major of one of the six battalions now to be raised for the defence of this and the United States.
Whereas the General Assembly of this State, in their sessions at Hartford in January last, by a resolve doomed the towns of New Milford and New Hartford for their neglect in returning their lists according to law : And whereas the said towns have now complyed with their duty and made returns to this Assembly agreeable to law ; praying this Assembly to reverse their dooms respectively and accept of their several lists as returned, amounting for the town of New Milford to the sum of £29405, 19, 8, together with £378, 0, 0 fourfold assessments, and for the town of New Hartford to the sum of £11280,2,0: Resolved by this Assembly, that the excuses made by said towns respectively be accepted and the said dooms be reversed, and the returns as above mentioned be received; and the Treasurer is hereby directed to receive said returns and send out his warrants accordingly.
Whereas the General Assembly of this State, in their session at Hartford in January last, by a resolve doomed the town of Willington for their neglect in returning their list according to law : And whereas the said town of Willington has now complyed with their duty and made return to this Assembly as the law directs ; praying that their said doom may be reversed and their list accepted, amounting to the sum of £9720, 16, 6 : Resolved by this Assembly, that the excuses made by said town, as per their memorial, be accepted and the said doom be reversed, and the abovesaid return be received, and the Treasurer is hereby directed to receive said return and send out his warrant accordingly.
An Act for regulating the Transportation of Private Property by Ox-Teams.
Whereas the transporting of private property or the goods and effects of particular persons from place to place in and through this State has greatly increased, and employs so great a number of oxen as threatens to lessen the business of agriculture and the raising of grain and provisions for the use of the people, and shortens the supply of beef for the use of the army of the United States :
Be it enacted, therefore, by the Governor, Council, and Representa- tives, in General Court assembled, and by the authority of the same,
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OF CONNECTICUT.
177.8.]
That from and after the first day of April next no private property, that is to say no goods, wares, merchandize or effects whatsoever, not belonging to the United States, to this State, or to any of the neighbour- ing States, and transporting by their order or by order of some proper and lawfull officer of the United States, or either of them, shall be transported from place to place in this State, or through the same, by any inhabitants of, or oxen owned within this State, in or on any waggons, ears, earts or carriages whatsoever, drawn by or wherein is employed and used more than one pair of oxen ; on penalty that the owner or. owners of such oxen and private property shall forfeit the whole of such goods or wares as aforesaid, and all oxen more than one pair used as aforesaid, in manner as hereafter provided.
And be it further enacted by the authority aforesaid, That it shall be the duty of all continental officers of this or any other of the United States and other persons, who shall employ any team or car- riage for transportation of any goods or effects whatsoever, wherein more than one pair of oxen are used, to furnish the driver of such team, or the conductor of any number of such teams when more than one are employed and go in company, or some one driver or overseer in or of such company, with a permit or certificate, signed with the proper name and office, if any, of the person or persons employing or sending such team or teams, expressing the date or time when given, the place from and to which such goods are transporting, to whom they belong, and the number of teams employed therein, without which no such team shall be allowed to pass in this State, except as hereafter excepted. And it shall be the duty of the grand-jurors and constables of the several towns respectively, and shall be lawfull for any freeholders of this State, having taken the oath of fidelity, on sight or information of any such goods, wares or merehandize, carry- ing or transporting in or through this State, which may be suspected to be contrary to the true intent of this act, to make due enquiry of such driver, conductor or overseer, or otherwise obtain the best infor- mation he or they shall be able concerning the property of such goods. And if on such inquiry or information such person shall not find sat- isfying evidence that such goods are transporting within the liberty of this act, it shall be the duty of such informing officer, and lawfull for such other person, to inform and apply to the next assistant or justice of the peace for a warrant to seize and stop such team and goods and convene before such authority any such driver, conductor or overseer, to be examined in the premises, which warrant such authority are authorized and shall grant, taking fees as the law requires, directed to a proper officer or, if he shall judge necessary, to any indifferent person ; and if on due enquiry and examination such court or authority shall be of opinion that such goods are transported contrary to the intent of this act, they shall give judgment and orders for the due and safe keeping of such goods, and all oxen above one pair used as aforesaid ; and shall certify all the proceedings in the premises to
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[February,
the county court of the county where such goods shall be stopped at their next session, who shall take cognizance thereof, and if no person shall appear to claim said oxen, goods or articles, or shall not satisfy said court that the said goods were when seized transporting within the liberty of this act, such court shall give judgment and sentence declaring said goods and oxen to be forfeited to the Treasurer of and for the use of this State.
Always provided, That when judgment shall be given at the suit and prosecution of any such common informer, one half or moiety of said forfeiture shall be and belong to such informer, and said court may and shall by warrant authorize the sheriff of said county, his deputy, or constable of the town where such goods and oxen are taken, to sell and dispose of the same at public vendue, or in such way as said court may direct, who shall render an account of and be amenable to said court for his conduct in the premises and receive such allowance for his service and trouble therein as said court shall allow, and the remainder pay and deliver according to the judgment and order of said court: all costs attending said process as taxed and allowed by said court being first deducted.
And be it further enacted, That if on examination before such assistant or justice in the first instance, or on tryal before such county court, it shall appear that such goods were transporting within the liberty of this act, the party examined or on tryal shall recover rea- sonable costs to be allowed by said court, and where the information is by an informing officer, such cost shall be paid out of the town or county treasury of the town or county where the examination and tryal is had and shall be repaid by the treasury of this State, and such assistant, justice or court are authorized to draw on the Treas- urer of said State for the same, expressing the account on and for which the same is drawn : Always provided, that where it shall ap- pear that any such driver, conductor or overseer of any such team had and did neglect and refuse in the first instance to shew his per- mit or certificate and give such informer all the reasonable satisfac- tion and information in his or their power concerning the property of such goods and his or their right to transport the same, no cost shall be allowed in favour of such owner or driver by such assistant or justice, or by such court on tryal, although such goods may be ac- quitted or released.
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