USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 63
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Provided nevertheless, and it is further enacted, That this act shall not extend or be construed to extend to any teams carrying or transporting masts, mill-stones, iron oar and pig iron, wood, or to any person or persons using his or their own or neighbours oxen or team in and about any lawfull or usual business within the town to which he belongs, or carrying his own or neighbors effects, grain or pro- visions, to any man or convenient town or place for the use of such town or the inhabitants of this State, or returning home with such effects as he may have occasion to carry or bring unto any persons removing their family or household goods.
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That this act shall continue and be in force till the rising of the General Assembly in May next, and no longer.
Resolved by this Assembly, That the furnace or foundery at Salis- bury with the appurtenances and all other buildings and estate of Richard Smith, late of Boston, situate in said Salisbury, shall be im- proved and occupied the year ensuing and untill further order of this Assembly, for the use and benefit of this State, in sneh manner as the Governor and Council of Safety of this State shall order and direet, who are hereby authorized and impowered to make such con- traets, rules and orders, for managing the same as they shall judge most beneficial and conducive to the publie good.
Resolved by this Assembly, That Major Andrew Adams, Lynde Lord and Samuel Forbs, Esq's, be and they are hereby appointed a committee to settle the accounts current between this State and Colo. Joshua Porter and with the present managers of the furnace at Salisbury, relative to all past blasts ; and for that purpose said com- mittee are impowered and directed to inspect and examine all ac- counts relative to the premises that may be exhibited to them for that purpose or necessary for the accomplishment of said business, and report make.
Upon the memorial of Amos Hubbel and others, shewing to this Assembly that the guard of twenty-five men under the command of Lieut. Aaron Hawley, stationed at New Field Harbour in the town of Stratford, hath been confined to a place ill-calculated to discover the enemy or prevent their landing should they attempt it, which gave great uneasiness to the inhabitants ; praying that a sergeant's guard might be appointed to be stationed on the Sound near the di- viding line between the towns of Fairfield and Stratford, and that said Hawley and his party be dismist &c .; as per memorial on file : Resolved by this Assembly, that the commanding officer of the fourth regiment be and he is hereby directed and impowered to order a ser- jeant's guard to be stationed in the most convenient place on the Sound near the dividing line between the towns of Fairfield and Stratford, to continue in said service during the pleasure of this As- sembly. And the said Lieut. Aaron Hawley is hereby ordered to de- liver the two field-pieces together with the publie stores he has in his possession to the said commanding officer of the fourth regiment till the further order of this Assembly. And that the said Aaron Haw- ley and his party be dismissed from said service, and they are hereby dismissed accordingly.
Upon the complaint of Major Thomas Bull against Cornet Asahel Hays and Cornet William Wadsworth, for not obeying orders of their superior officers &e., on which complaint a committee has been appointed
35
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[February,
and made their report, which has been accepted, as per complaint &c. on file : Resolved by this Assembly, that the said Asahel Hays be and he is hereby dismissed from his said office and also pay the cost that has arisen in the premises. And that the said William Wadsworth also pay the cost and be thereupon discharged from any further prosecu- tion ; which said cost in both cases is allowed by this Assembly to be £11. 11. 2, to be equally between them; and the Secretary is di- rected to issue his execution for the same accordingly.
Ex" granted March 13th, 1778.
Upon the complaint of Capt. Eliphalet Curtiss against Lieut. Elijah Case, for desertion &c., on which a committee have been ap- pointed and made their report, which is accepted &c., as per complaint &c. on file : Resolved by this Assembly, that the said Lieut. Elijah Case be and he is hereby cashiered and ordered to pay the cost that has arisen in the premises, allowed by this Assembly to be £5 9 0; and the Secretary is directed to issue an execution for the same ac- cordingly. Execution granted Jan' 29th, 1779.
Whereas it hath been represented to this Assembly that Abel Pet- tibone, of Symsbury in the county of Hartford, captain of a company in a regiment raised by this State for the defence of the sea-coasts and frontiers of this State commanded by Colo. Roger Enos, to serve until the first day of January last, did on or about the 20th day of December last past inlist into his said company one Francis Northeway of Farmington as a private in said company, and paid him the bounty ordered by this Assembly, and made up his abstract and inserted the name of the said Francis Northeway as having inlisted on the 6th day of October, and by antedating the said time of inlistment of the said Francis Northeway he, the said Abel, did draw out of the public treasury of this State more than two months wages than was justly due to said soldier inlisted as aforesaid, for his own private emolu- ment and to the detriment of this State : Resolved by this Assembly, that the Secretary of this State be and he is hereby directed to issue a proper citation directed to a lawfull officer, to cite the said Abel Pettibone to appear before this Assembly at their present session, to be examined in the premises and matters aforesaid and to be further dealt with. And the State Attorney for the county of Hartford is directed to prepare the evidence in the case and manage the same in behalf of the State.
Upon the complaint of Samuel Chapman, Esq', colonel of the 22d regiment of militia in this State, against Paul Blodget, captain of the sixth military company in said regiment, shewing that the said Paul when ordered and employed in the public service near New York in the year 1776 scandalously endeavoured to desert the said service, whereby he disgraced himself and occasioned uneasiness in said com-
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pany &e., as per said complaint &e. on file : Resolved by this Assem- bly, that the said Paul Blodget, captain, be and he is hereby cashiered from his said office, and that he pay the cost of prosecution allowed and taxed at fifteen shillings, L. money, and for which the Secretary is directed to issue his execution accordingly ; and that the command- ing officer of said regiment be enabled and directed to give orders for the choice of another captain in his stead.
This Assembly do appoint Nehemiah Beardsley, Esq", Colonel of the 16th regiment of militia, in the room of Joseph Platt Cook, Esq", resigned.
This Assembly do appoint Eli Mygatt, Esqr, Lieutenant-Colonel of the 16th regiment of militia, in the room of Nehemiah Beardsley, Esqr, promoted.
This Assembly do appoint Caleb Baldwin, Esq", Major of the 16th regiment of militia, in the room of Eli Migatt, Esq", promoted.
This Assembly do establish Daniel Seymour to be Captain of the second company of the alarm list in the town of Hartford in the 1st regiment in this State.
This Assembly do establish Jonathan Huntington to be Lieuten- ant of the second company of the alarm list in the town of Hartford in the 1st regiment in this State.
This Assembly do establish Josiah Clark to be Ensign of the second company of the alarm list in the town of Hartford in the 1st regiment in this State.
This Assembly do establish David Stoddard to be Ensign of the first company or trainband in the 17th regiment in this State.
This Assembly do establish Miles Beach to be Captain of the 10th company or trainband in the 17th regiment in this State.
This Assembly do establish Timothy Skinner to be Ensign of the 10th company or trainband in the 17th regiment in this State.
This Assembly do establish Abel Burritt to be Captain of the first company or trainband in the second regiment in this State.
This Assembly do establish Phineas Bradley jun" to be Lieuten- ant of the first company or trainband in the second regiment in this State.
This Assembly do establish Samuel Huggins to be Ensign of the first company or trainband in the second regiment in this State.
This Assembly do establish John Curtiss to be Cornet of the first troop of horse in the third regiment of light-horse in this State.
This Assembly do establish Absalom Williams to be Captain of the first company or trainband in the sixth regiment in this State.
This Assembly do establish William Warner jun' to be Lieuten- ant of the first company or trainband in the 6th regiment in this State.
This Assembly do establish Amos Fox to be Ensign of the first company or trainband in the 6th regiment in this State.
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PUBLIC RECORDS
[February.
This Assembly do establish Lent Hotchkiss to be Ensign of the 10th company of the alarm list in the 10th regiment in this State.
This Assembly do establish Nathan Howe to be Ensign of the 11th company or trainband in the 9th regiment in this State.
This Assembly do establish Abner Cone to be Ensign of the 11th company or trainband in the 17th regiment in this State.
This Assembly do establish Asa Yale jun" to be Captain of the 12th company or trainband in the 15th regiment in this State.
This Assembly do establish Nathaniel Everts jun' to be Captain of the seventh company or trainband in the 14th regiment in this State.
This Assembly do establish John Skinner to be Lieutenant of the seventh company or trainband in the 14th regiment in this State.
This Assembly do establish John Eldridge to be Ensign of the 7th company or trainband in the 14th regiment in this State.
This Assembly do establish Robert Waterman to be Ensign of the fourth company or trainband in the 23d regiment in this State.
Upon the memorial of the selectmen of the town of Guilford. shewing to this Assembly that, pursuant to the recommendation of the General Assembly in October, 1776, they did at the expence of said town and for the defence thereof set up guards equal in respect to time and number to fifty-one men eight months, and praying for re- lief, as per memorial on file : Resolved by this Assembly, that there be paid out of the public treasury of this State to the selectmen of said Guilford, to defray the expence of the aforesaid guards, the wages and rations of two lieutenants, two serjeants, four corporals and forty-three privates for the term of four months : the rations to be estimated at eight pence per ration.
Upon the memorial of John Carter, Elijah Hopkins, Reuben Fox and Daniel Rexford, all of Cornwall in Litchfield county, shewing to this Assembly that they live at a great distance from the place of publick worship in [said Cornwall, and near to the place of publick worship in]* the society of East Greenwich in Kent, and that said town of Cornwall are willing they should be set off to all parish pur- poses to said society of East Greenwich; praying that the same may be done accordingly, as per memorial on file : Resolved by this Assembly, that the memorialists be and they together with their families and estates are hereby set off and annexed to said society of East Green- wich for all the purposes of military exercises and for schooling and all society privileges, to all intents and purposes whatsoever.
Upon the memorial of Jacob Hitchcock and Samuel Hitchcock, administrators on the estate of Caleb Hitchcock late of New Haven, deceas'd, representing that the debts due from the estate of said deceas'd, together with some small allowance to the widow, surmount
* Original resolve, Eccl., XIV, 241.
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OF CONNECTICUT.
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the moveable part of the estate the sum of £34 12 9; praying for liberty to sell part of the real estate &c., as per memorial on file appears : Resolved by this Assembly, that the memorialists have liberty, and liberty and authority is hereby granted unto them, to sell so much of the real estate of said deceas'd as shall be sufficient to pay said sum of £34 12 9, together with the incident charge of such sale; taking the direction of the court of probate for the district of New Haven therein.
Upon the memorial of Lemuel Deming, shewing that his son Lemuel had taken the small-pox in the army in the year past, and re- turned home and had it with the dysentery which followed it, and the memorialist expended and did for him in his sickness to the amount of £21 2 6, for which he hath had no relief, as per memorial &c .: Re- solved by this Assembly, that the Committee of the Pay-Table do examine and adjust the account of the expence necessarily incurred in the sickness of the said Lemuel with the small-pox and dysentery after his return home, and allow and draw order therefor upon the Treasurer and charge the same to account of the United States.
Upon the memorial of James Hinman and Israel Burrit, of Dur- ham in New Haven county, shewing to this Assembly that in October last they were employed by the selectmen of Durham to transport various articles of clothing to the companies of Captains James Rob- inson, Samuel Camp and Charles Norton, of the regiment then com- manded by Lt. Colo. Baldwin at Fishkills ; praying the Committee of Pay-Table may be directed to examine their accounts and give orders for the payment of such sum as may be due thereon ; as per memorial on file: Resolved by this Assembly, that the Committee of Pay-Table be and they are hereby directed to receive, examine and adjust the accounts of the memorialists, and give order for the payment of such sum as shall appear to be justly due thereon.
Upon the memorial of Joseph Sheldon, Sarah Ledyard and Hannah Watson, preferred to this Assembly, shewing that Austin Ledyard and Ebenezer Watson were joint owners in partnership of the paper-mill, the land and stream on which it stood, and said business of paper- making was carried on jointly between them; that it so happened that said Ledyard at his death had a deed of the whole of said land and stream on which said mill stood &c .; that said original proprie- tors are dead, leaving minor heirs ; that considerable accounts were subsisting between them and yet unsettled &c .; praying to have said accounts adjusted and upon said Hannah paying or securing whatever shall be found due to the heirs of said Austin that some suitable per- son be impowered to make a deed of one half of said land, stream and premises to the heirs of the said Ebenezer ; as per memorial on file : Resolved by this Assembly, that Benja. Payne, Esq", Messrs. Barn-
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PUBLIC RECORDS
[February,
abas Hinsdale and George Merrells be and they are hereby appointed a committee on said memorial, to liquidate and adjust said accounts and make report of what they find relative thereto, or any other matters alledged in said memorial, with their opinion thereon, to this or the next Assembly.
Resolved by this Assembly, That the petition of William Sherman jun" of New Haven, praying that his person may be exempted from imprisonment upon his delivering up all his estate to trustees for the use of his creditors &c., be continued to the General Assembly to be holden at Hartford in May next, and that the person of the petitioner be protected from arrest or imprisonment at the suit of his creditors or any of them, either on mesne process or execution, untill the rising of the General Assembly in May next.
Upon the memorial of Joshua Stone, a person now confined in Hartford county goal, shewing to this Assembly that in the beginning of the war between Great Britain and the United States of America he was a hearty friend to his bleeding country, but by the erafty in- sinuation and perswasive arguments of his near relations to the con- trary, and the perswasion of his unfortunate father, he was influenced to go to New York, where he was confined as a spy but soon after made his escape and got to Stamford, where he was taken up by the authority and bound over to the honble superior court at Fairfield, for having joined the enemy at New York, and upon tryal was found guilty and sentenced to suffer three months imprisonment and pay a fine of twenty pounds and pay costs, which confinement he has peace- ably indured, and when the time of his confinement was expired the sheriff suffered him to go to work for one Elisha Wadsworth, who be- ing an enemy to the United States and perswaded him to run away, but was apprehended and brought back to Hartford county goal, and by the powerfull arguments of a worthy member of the General Assembly on the justice of the American cause he is fully sensible of his error and convinced of the justice of the American cause, and that he will to the uttermost of his power and ability defend the United States and go forth into the service when called upon ; praying that he may be released from his confinement, as per memorial on file &e .: Re- solved by this Assembly, that upon the said Joshua Stones taking the oath of fidelity to this State and paying to the Treasurer of this State thirty pounds, L. money, he be released from his confinement and dis- charged from said fine and all costs, and may inlist into the con- tinental army in any regiment raised by this State to serve during the present war or for three years that he, the said Joshua Stone, shall choose to inlist into.
Upon the memorial of Michael Towsley of Suffield, shewing that he had burnt up in his mother's house twenty pounds, money, and
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OF CONNECTICUT.
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sundry other articles &e .; praying for a grant in some measure to compensate his loss &e., as per memorial : Resolved by this Assembly, that the Treasurer pay to the memorialist twenty pounds, money, and the Committee of the Pay-Table are directed to draw on the Treas- urer for the same accordingly.
Upon the memorial of Daniel Lee, Esq', and Eunice Peck, both of Kent in Litchfield county, administrators on the estate of Joseph Peek late of said Kent, deceas'd, shewing to this Assembly that the debts due from the estate of said deceas'd surmount the personal estate the sum of £96 18 9, money ; praying to have so much of the real estate of said deceas'd sold as to raise said sum, as per memorial on file : Resolved by this Assembly, that the memorialists be, and they are hereby, impowered to sell so much of the real estate of said deceas'd as to raise said sum with the incident charges arising thereon ; taking the direction of the court of probate for the district of Litchfield therein.
On the memorial of the inhabitants of the town of Fairfield, shew- ing to this Assembly that the British troops in their rout to Danbury and in the course of their march, they plundered a great number of families of almost everything in their houses that was capable of be- ing plundered, and also cattle teams and horses, which they carryed off with them, whereby some persons are reduced to distressed eir- cumstances which before lived comfortable ; as per memorial on file ; praying your Honors to grant them some allowance : Resolved by this Assembly, that Colo. Thomas Fitch and Thadeus Betts, Esq', of Nor- walk, and Lemuel Sanford, Esq', of Redding, are hereby appointed a committee to enquire into and estimate the losses of every individual in said town of Fairfield in consequence of the late hostile incursion of the British troops in their rout to Danbury, and report make of what they shall find to the next or some future session of this Assembly.
Upon the memorial of the town of Waterbury, by their agents Joseph Hopkins and Ezra Brownson, shewing to this Assembly that said town is of large extent and divided into four societies &c., which renders it difficult and burdensom for seven selectmen to take proper care and perform their duty in every department thereof ; praying that said town may annually choose nine selectmen, and that Capt. Ezra Brownson and Capt. Samuel Porter may serve said town in addition to those already chosen selectmen in the same for the cur- rent year; as per memorial on file : Resolved by this Assembly, that the said town of Waterbury have liberty for the future annually to elect and appoint nine seleetmen, any law or custom to the contrary notwithstanding; and that the said Ezra Brunson and Samuel Porter be authorized and impowered to serve as selectmen with others appointed by said town for the current year.
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[February,
Upon the memorial of Isaac Tucker of Hartford, administrator on the estate of James Tucker deceas'd, who was killed the last campaign in the northern department and lost forty dollars in money &c., as per memorial : Resolved by this Assembly, that the Treasurer pay to the memorialist, as administrator as aforesaid, twelve pounds money ; and the Committee of Pay-Table are directed to draw an order for the same accordingly.
Upon the memorial of Benjamin Upson, administrator cum testa- mento annexo on the estate of Stephen Upson late of Waterbury, deceas'd, shewing to this Assembly that the debts and charges aris- ing on said estate surmount the moveable part of said estate the sum of £178 9 6, for the payment of which no provision is made in the will of the said deceas'd; praying for authority to sell so much of the real estate of the said deceas'd as may be necessary to pay the sum aforesaid with incident charges of sale, as per memorial on file : Resolved by this Assembly, that the said Benjamin Upson have liberty and authority to sell so much of the real estate of the said deceas'd as may be necessary to pay the said sum of £178 9 6, with incident charges arising on such sale ; taking the advice of the court of probate for the district of Woodbury therein.
Upon the memorial of David Manvill, Jesse Tuttle and Epha Warner, all of Waterbury in New Haven county, shewing to this Assembly that they were some time past induced to join the enemy and there served untill some time in November last, when they all effected their escape and resigned themselves up and were examined and have been committed to goal, and praying this Assembly that a pardon be granted, as by memorial on file, dated January 14th, 1778 : Resolved by this Assembly, that a pardon be granted, and a pardon is hereby granted to said David Manvell, Jesse Tuttle and Epha Warner, and to each of them, of their said offences ; and liberty is granted to them to receive so much of their goods as consists of household furniture and tools of their trade out of the hands of the officers who have them in custody, notwithstanding any seizure or condemnation for the benefit of this State, they paying all the costs that has any ways arisen relating to the premises against them respectively, or in regard to their estates.
Upon the memorial of John Owen of Symsbury, Esq", shewing to this Assembly that certain lands lying in Symsbury belonging to this State, which said Owen had the care of, can now be sold &c., as per memorial on file : Resolved by this Assembly, that the said John Owen, Esq', be and he is hereby impowered to sell and dispose of the lands aforesaid, either in whole or in part, to the best advantage of this State, for ready money, and to give deeds accordingly, and to lodge the money arising upon such sale in the treasury of this State.
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OF CONNECTICUT.
1778.]
Upon the memorial of the inhabitants of the town of Plainfield, by their agents James Bradford and Joseph Shepard jun' of said Plain- field, shewing to this Assembly that an act of this Assembly was passed at their session held at New Haven in October, 1775, impower- ing said inhabitants to raise money by way of a rate or tax for the purpose of mending the highways in said town, which act was to con- tinne in force two years from and after the first day of January, 1776, and no longer; praying that said act may be revived : Where- upon, resolved by this Assembly, that the said act be and the same is hereby revived, and that the inhabitants of said Plainfield have liberty, and power and authority is hereby given to them, to tax the poles and rateable estate of said inhabitants from time to time at their discretion in any sum or sums sufficient to mend and repair the high- ways in said town, under the same regulations and restrictions as in said former act is provided : to continue in force during the pleasure of this Assembly.
Upon the memorial of Edward Hinman, Esq', of Woodbury in Litchfield county, shewing to this Assembly that the Committee of Safety of the State of New York, on the 224 day of October, 1776, sent nine prisoners to the care of the committee of inspection in the town of Woodbury, and that in said October the said committee of Woodbury made a representation of said case to the General Assembly of this State then sitting, who did order the committee of said Woodbury to take care of and provide for said prisoners untill they should receive further orders from said Assembly ; and agreeable to said resolve, said committee did take charge of said prisoners, and desired said Hinman to provide meat, drink, cloathing &c. for them, as was necessary for them, which accounts have been adjusted and paid untill the 15th day of May last, and that there remains due to said Hinman for keeping said prisoners from said 15th of May to the 7th day of January, 1778, £22 16 9 ; and praying for payment of said sum &c., as per memorial on file : Resolved by this Assembly, that the Commit- tee of the Pay-Table do adjust the accounts mentioned in said memo- rial and draw on the Treasurer for what they find justly due, and charge the same to the United States.
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