The public records of the state of Connecticut, for the years 1783-1784, Part 3

Author: Connecticut. cn; Hoadly, Charles Jeremy, 1828-1900; Morgan, Forrest, 1852-; Labaree, Leonard Woods, 1897- cn; Connecticut. General Assembly; Connecticut. Council of Safety; Providence. Convention (1776-1777); New Haven. Convention (1778); Hartford. Convention (1779); Philadelphia. Convention (1780); Springfield (Mass.). Convention (1777)
Publication date: 1894
Publisher: Hartford : Press of the Case, Lockwood & Brainard
Number of Pages: 588


USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 3


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65


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to Excise or hath Supplied himself by any other means than by purchas- ing from a licenced Retailer it shall be the Duty of such Collector to apply to such Person for an Account of all such Articles as he hath so supplied himself with to be used in his Family or Business in this State and upon refusal he shall take out a Warrant from a Justice of the Peace to Summon such Person to appear before him and render such Account on Oath according to the best of his knoledge and pay such Duty accordingly and upon refusal it shall be the Duty of such Justice to give Judgment for any Sum that he shall think Just and reasonable not exceeding the Sum of five Pounds and Cost.


And be it further Enacted by the Authority aforesaid that no Person or Persons whatsoever shall sell by Retail any of the Articles aforesaid within this State without Licence first had and obtained on pain of forfeiting double the Price or value of the Articles Sold one half to him that shall sue for and prosecute the Same to effect and the other half to the Treasurer of this State,


And be it further Enacted by the Authority aforesaid That all the Monies raised by Excise by Virtue of this Act shall be and the same are hereby Pledged and secured in the first Instance for the Payment of the annual Interest of such Monies as have been or may be procured on Loan by Order of this Assembly, And all Innholders or Taverners upon taking out Licence shall give Bonds according to the Tenor of this Act.


An Act in addition to, and alteration of a Law, entituled "An Act for forming regulating and conducting the Military Force of this State .*


Be it Enacted by the Governor Council and Representatives in General Court Assembled and by the Authority of the same, that the Company of Light Dragoons, formed out of the twenty sixth Regiment of Infantry in this State be annexed to the fifth Regiment of Light Dra- goons and do Duty in the Same accordingly.


And Whereas it is enacted in the aforesaid Law that Serjeants of Foot or Corporals of Horse who by removing or otherwise shall or may be regularly discharged from any Company shall notwithstanding be holden and obliged to do Duty in the Company to which they respec- tively belong or the Limits in which they dwell, as Grenadiers, which is found to be detrimental to, and subversive of the good Government and Order of the Militia.


Be it Enacted by the Authority aforesaid That the Paragraph of said Law above recited be and the Same is hereby repealed and made void; and that said Serjants of Foot and Corporals of Horse who have here- tofore or shall hereafter be regularly dismissed or discharged from any Company of Foot or Troop of Horse by removing or otherwise, shall be Liable to do Military Duty in the Company in the Limits of which they dwell in the same manner as Householders by Law are obliged to do,


And Whereas it is further Provided in said Law that all such as


* Conn. State Recs., IV, 138-153.


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PUBLIC RECORDS


January,


belong to the Infantry Companies and Householders shall be accoutered with one Cartouch Box carrying not less than sixteen Rounds of Cart- ridges one Powder Horn or Flask containing half a Pound of Good Musquet Powder one Pouch containing one Pound and a half of Bul- lets fit for his Gun part of which are found to be Burthensome and unnecessary ; which to prevent,


Be it Enacted by the Authority aforesaid, that a Cartouch Box carry- ing sixteen Rounds of Cartridges made with Good Musquet Powder and Ball fitting the Soldier or Householders Gun shall be accepted at all Reviews and Musters in Lieu of the above recited Articles, any Law Usage or Custom to the Contrary notwithstanding.


Be it further Enacted that if any non Commissioned Officer shall refuse or neglect to do his Duty or shall endeavour to excite a Mutiny or shall Use reproachfull Language to any Superior Officer when in the Execution of his Office it shall be in the Power of the Field Officers of the Regiment to which such Non Commissioned Officer belongs on Complaint being made and Facts being Proved to reduce said non Com- missioned Officer to the Ranks and to do Duty as a Private Centinel in the Company to which he belongs.


Be it further Enacted, That all Persons who have procured a Recruit to Inlist into the Army of the United States for three Years or during the War agreeable to the Resolutions of this Assembly heretofore made shall be exempted from any Drafts or Detachments into actual Service agreeable to the Tenor of such Resolutions but liable to do Duty on Days of reviewing and mustering any Law Usage or Custom to the contrary notwithstanding.


And be it further Enacted by the Authority aforesaid, that when and so often as the Civil Authority and Select Men in any Town in this State or the Major part of them shall Judge it necessary or highly convenient for the safety of such Town to have Watches and Wards therein, they are hereby Authorized and Impowered by Warrant to command the Constable, or some other meet Person by them appointed to warn such a number of Men to appear at such Time and Place in said Town as they shall think necessary, and all and every such Person or Persons that shall be notified to watch or Ward as aforesaid shall appear at the Time and place appointed with a good firelock and Car- touch Box well Slung, with at least six Rounds fit for his Gun; and shall observe such Directions as shall be given by order of said Author- ity and Select Men who are hereby Impowered to give such Orders and directions relating to the regulating such Watching and Warding and the Continuance thereof as they shall Judge needfull. And if any Person or Persons being warned as aforesaid or in any other manner which the Authority and Select Men shall agree and conclude upon shall neglect and refuse to attend, at Time and Place appointed Armed and furnished as aforesaid, or to observe the Orders to them given by the Constable or any other Person appointed as aforesaid. [they] shall for every such neglect or Offence pay a fine of six shillings lawfull Money; which by Warrant from any one Assistant or Justice of the


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Peace, shall be levied by the Constable from such Delinquents, his Per- son his Parent Master or Guardian and disposed of for the Use of such Persons as attend upon and perform said Service under the direction of said Authority & Select Men.


And be it further Enacted by the Authority aforesaid that the Para- graph in the Militia Act enabling the Troop to pass Votes relative to their Cloathing and the regulating and inforcing the Same be extended in like manner to the respective Artillery or Matross Companies estab- lished in this State.


An Act in addition to the Law entituled An Act for collecting and paying Rates and Taxes.


Be it Enacted by the Governor Council & Representatives in General Court Assembled and by the Authority of the Same That in all Cases where any State Tax hath been laid or Granted either by this Assembly or any former Assembly which remain unpaid or that may in future be laid or Granted wherein Orders drawn on the Treasurer Soldiers Notes that are due Certificates for the Interest of such Notes, or for Monies loaned to this State or any other Securities are or may be made receiv- able in payment of such Taxes it shall be the Duty of the respective Collectors of such Taxes to keep a fair Account in Writing of all such Orders Notes Certificates or other Securities received in Payment of such Taxes therein containing an exact State of the Time when the Same was received, the Name of the Person from whom and the Sum at which the Sum at which [sic] the Same were received, and lodge a Copy thereof with the Treasurer duely attested upon Oath which Oath The Treasurer is hereby Impowered to administer and if it shall appear on due examination that any such Order Note Certificate or other Security was received on Account of any such Tax directly or indirectly by such Collector or any other Person for his benefitt at a discount or lower Sum than the nominal Sum therein expressed the Treasurer is hereby directed to allow such Collector on Settlement of such Tax the Sum at which he received the Same and no more.


An Act in addition to a Law of this State passed in May last intituled "An Act in further addition to an Act intituled, an Act more effectually to prevent illicit Trade .*


Be it Enacted by the Governor Council and Representatives in General Court Assembled and by the Authority of the same That no Goods Wares or Merchandize imported directly from any Port or Place in the Dominions of France Spain or the United Provinces, or other Powers at open War with Great Britain into this State, or into any other of the United States and from thence legally Imported into this State shall be liable to seizure or Confiscation by Virtue of said Act.


And be it further Enacted That all Creatures Goods or Commodities that shall be found going to the Enemy or to any Place under the Power


* Conn. State Recs., IV, 161-162.


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PUBLIC RECORDS


January,


of the Enemy from this State on Land or Water together with the Beasts and Carriages employed for the purpose of conveying the same shall be liable to Seizure and Condemnation in the same manner as Goods Imported from any Place in the Possession of the Enemy.


An Act in further addition to the Laws of this State against Illicit Trade.


Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That it shall be the Duty of the Civil Authority and Select Men, in the respective Towns on the Sound and Sea Coast in this State, as often as they shall or can discover any misbehaviour or unlawfull Conduct in any Com- mander or Commissioned Officer of any Boat Galley or other Craft Commissioned to Cruize in the Sound, or Just Reason to suspect such Officers are or have been any Way concerned in Illicit Trade with the Enemy to give immediate Information thereof to his Excellency the Governor in Order that Such Officer may be suspended and his Com- mission Interdicted untill further proper Proceedings shall be had thereon,


And be it further Enacted by the Authority aforesaid, that every Per- son who shall attempt to go or carry any Produce Goods or Chattels or Passengers without legal Pasport to the Enemy or within their Lines by Land or Water or bring any Goods Wares or Merchandize, without such pasport, from any Place within the Power of the Enemy or their Lines and be thereof duely convicted besides the Penalties already inflicted by Law, shall be adjudged and rendered incapable of Commenc- ing or maintaining any Suit or Action in Law or of giving his Vote in any Election to any Office whatever. And all informing Officers are hereby directed to make diligent enquiry after and due presentment of all Breaches of this and all other Acts of this against Illicit Trade, And all Military Officers are hereby directed and Instructed to afford their best Assistance to the Civil Authority in executing the Law aforesaid.


And be it further Enacted that no under Officer or Private shall be admitted or allowed to enter on board any such Boat Galley or other Water Craft to Cruize in the same but such as shall be admitted and approved by the Civil Authority and Select Men in the Town where the Commander of such Boat Galley or Water Craft dwells or usually resides when on Shore.


An Act for altering the Time of holding the County Court in the County of Windham.


Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same That the Time of holding the County Court at Windham within and for the County of Windham instead of the fourth Tuesday of June shall be the third Tuesday of June annually any Law Usage or Custom to the Contrary notwithstanding.


Provided nevertheless that all Matters Causes Actions and Suits what- soever commenced and by Process Appeal Review continuance or other-


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1783.


wise are now depending before the County Court to be held in said County on the fourth Tuesday of June next shall proceed to be heard and tryed by said Court on the third Tuesday of June next in the same manner as they might have been on said fourth Tuesday this Act notwithstanding.


An Act in addition to the Law of this State intituled "An Act for prevent- ing and removing Nusances in Creeks R[i]vers and other Water Courses.


Whereas there are Disputes arise respecting the taking of Fish in Housatonuck or Stratford River so called; which to prevent,


Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same, that when any Person or Persons have been at the expence of clearing any Fishing Place or Places in said Housatonuck River such Person or Persons who first cleared and have constantly improved the same for taking of Fish in the Season thereof, be established in the full free and peaceble enjoyment thereof so long as they do constantly improve the same in the Season and for the purpose aforesaid, and not liable to any Action of Damage below high Water Mark from the Mouth of said River to Leavensworths Ferry so called. .


And be it further Enacted, That no Person or Persons shall use any Bush Seins in said River under the Penalty of twenty Pounds for every such Offence, and that all Trees Logs or other Incumbrances whatsoever fell sunk or put into any fishing Place or Places cleared as aforesaid which shall hinder or impede the drawing of Seins or taking of Fish as afore- said shall be deemed a common Nusance, and such Person or Persons who shall place such incumbrance in such fishing Place as aforesaid, or Cause the same to be done and be convicted thereof shall be liable to the fine aforesaid, one half of such Fine to the Person or Persons who shall prosecute the Same to effect and the other half to the County Treasury where such Tryal shall be had.


An Act to repeal a Law of this State passed in October 1777 entituled, "An Act in addition to a Law of this State entituled An Act to prevent the obstruction of the course of the Fish up the River Paukattuck .*


Whereas said Law, by experience is found not to Answer the Ends therein designed


Therefore Be it Enacted by the Governor Council and Representa- tives in General Court Assembled and by the Authority of the Same that said Law be repealed and the Same is hereby repealed.


An Act directing certain Duties or Services to be performed by the Dele- gates in Congress from this State.


Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same that the Delegates from this State in Congress, be and they are hereby required


* See Conn. State Recs., I, 416-417.


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PUBLIC RECORDS


January,


to make Duplicate Reports to his Excellency the Governor Stating the Names and Titles of all Officers or others employed in the Civil List and in the Civil and Military Staff and also all Ministers Ambassadors and Consuls employed under the Authority of the United States and paid by them, and shewing in what State such Officer or other resides, and what pay or Salary is annexed to each, and also all Grants of half pay if any be Gratuity or Sum of Money and allowance for expence to any Officers or others for past Services, or other Matter, this Report to be made by the first Day of May next one of which Duplicates to be laid before the General Assembly for their Use,


And be it further Enacted by the Authority aforesaid That it shall in future be the Duty of the Delegates in Congress for the Time being to make Simular Reports of the Civil List and Civil & Military Staff or other Description of Ministers or Officers, with all Grants made of Salarys Gratuitys Pay &c according as such Names Titles and Salarys shall be in May and October annually for the Information of this State. and it is also Enacted by the Authority aforesaid that it shall be the Duty of the said Delegates in Congress to transmit to His Excellency the Governor in May and October Annually Duplicate Copies of all the Printed Journals of Congress from one of those Periods to the other in succession so as to contain the whole for the Use of this State, one of which Duplicates to be laid before the General Assembly in May and October annually.


Resolved by this Assembly that the Delegates of this State in Con- gress be Instructed and directed and they are hereby instructed and directed not to proceed any further towards carrying into Execution the Powers Authorities and Directions to them Given in and by a Resolve of this Assembly passed at their Sessions in October 1780 touching the Cession and relinquishment of this States Right in the Western Lands for the Benefit of the confederated United States untill further Orders from this Assembly .*


Resolved by this Assembly That a Tax of One shilling lawfull Money on the Pound be and the Same is hereby laid upon the Polls and rateable Estate of the Inhabitants of this State on the List for the Year 1782, with the Additions payable the tenth Day of April next which Tax is hereby appropriated for the payment of the Charges of Government ; and that all Orders drawn on the Treasurer by the Committee of Pay Table be received in payment of this Tax saving and excepting that any Orders drawn for Bills of this State on any other Standard than that of Silver or Gold, shall be first returned to and Liquidated by the Com- mittee of Pay Table in hard Money.


And it is further Resolved that all Soldiers Notes that are now due,


* Under the resolution of October, 1780, here referred to, Connecticut would cede to the United States an amount of its western lands between the "Susquehanna Purchase" and the Mississippi River in proportion to the cessions of other states with western claims. Conn. State Recs., III, 177. For further action on this important question see below, pp. 209, 277.


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1783.


and all Certificates for the Interest of said Notes and for Monies Loaned to this State shall be received in Payment of this Tax.


Provided nevertheless that the Civil Authority and the Select Men of the several Towns be and they are hereby Authorized and Impowered to Abate to such of the Inhabitants of their respective Towns as are least able to pay said Tax in such Proportion as they shall think proper to the Amount of one twentieth part of said Tax in the Same Way and manner as has heretofore been provided by Law in like Cases.


Whereas it is Represented to this Assembly that there are consider- able Sums of Money in Bills emitted by this State since the first Day of January 1780 collected on the sixpenny and Penny halfpenny Provi- sion Taxes at the Rate of two for one which now lies in the Hands of the Receivers of Provisions on said Taxes or in the Hands of the Town Treasurers,


Resolved by this Assembly that all such Moneys so collected or received in payment of said Taxes may and shall be received in payment of said Taxes at the Rate of two for one any Resolve of this Assembly to the contrary notwithstanding, And the Treasurer is hereby directed to receive the Same accordingly.


Resolved by this Assembly that the Listers in the Several Towns in this State be and they are hereby Impowered and directed to continue their Inspection of the rateable property in their respective Towns and also of the Assesments and make Return to the Secretary by the 20th day of March next of any Additions of Property or Assesments which by Law are rateable and which heretofore escaped their Notice, any Law to the contrary notwithstanding And the Secretary is directed to cause this Resolve to be inserted in the Several News Papers in this State as soon as may be.


Resolved by this Assembly that in Case the Civil Authority and Select Men in any of the Towns in this State shall abate any of the Assesments made by the Listers in such Towns for the Year 1782 the Listers of such Towns shall make return of such Abatement to the General Assem- bly in May next with the Names of the Persons to whom and the Sums in which such Abatements are so made.


Whereas it appears to this Assembly that the Listers in the following Towns for the Year 1782 have not sufficiently attended to the Law made and provided by this Assembly in May last for assessing certain Denominations and Descriptions of Persons within their respective Towns, but have either wholly omitted some who by Law should have been assessed or set them in Sums too Low to be warranted by Law, viz the Listers of the Town of Litchfield have omitted in said Asses- ments Messrs Isaac Baldwin Jun' Ezekiel Woodruff & Uriah Tracey


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PUBLIC RECORDS


January,


Attorneys at Law & Messrs Taylor-Stoddard &-Guernsey Taverners. Coventry have omitted Messrs Jonathan Wilson Habbakuch Turner Jun" & Samuel Robinson Jun Taverners. Hebron have omitted Mr Sylvester Gilbert Atty at Law, and Messrs Bliss Styles and Parker Phisicians and Mr Eliphaz Jones Taverner. Stafford have only returned an Assesment of £140 when there appears to be in said Town seven Taverners a very profitable Furnace a large Trade in dry Goods and sundry Mechanics. Washington have assessed Mr Daniel Brinsmade Att at Law at the Sum of £20 only Messrs Daniel Baker & Caleb Hitchcock Taverners at £10 each Messrs Benjamin Fowler Jacob Kinne Thomas Parmely Jun" and Joseph Hurlbart Taverners at £5 each. Somers have omitted Messrs Noah Pease Hezekiah Spencer Peter Kibbe and Charles Sheldon Taverners and Messrs Benjamin Phelps and Reu- ben Sikes Blacksmiths. Watertown omitted M' Eli Curtiss Atty at Law and sundry Mechanics assesed at only three and four Pounds each and one Phisician at only £6. New Hartford omitted M' Stephen Chubb Jr Zechanah Watson and Levi Watson Taverners. Darby have assessed Mr Ebenezer Gracey Taverner and Trader at £20 only Mr Gideon Tucker Taverner and Taylor at £10 Mr Isaac Smith Taverner at £8 Mr Nathan Buckingham Taverner at £10 0 0 M™ Thomas Honey Trader at £20 Messrs Stephen Whiting G Bartholomew & Edward Gibbs Traders at £12 each. Suffield have omitted Mr Elihu Kent Taverner. Torring- ton have omitted Mr John Strong Taverner


Whereupon Resolved by this Assembly that the said Listers of the several Towns aforesaid and each of them respectively shall return to the Secretary of this State by the 20th Day of March next an Assesment on the Several Inhabitants of their respective Towns who ought by Law to be assessed under their Hands and Test of Office according to Law on pain of such Forfeitures and Penalties as this Assembly shall Order, And the Secretary shall forthwith transmit all Assesments so returned to the Treasurer, And it shall be the Duty of the Secretary to notify the aforesaid delinquent Towns of their Deficiencies respectively by causing this Resolve to be published in the several News Papers in this State.


Whereas sundry Towns in this State have Executions against them for Arrears in the Taxes granted for the supplying of Beef and Flower and have Pay Table Orders which they received in Payment for Cloath- ing and Supplies of Soldiers Families, which they cannot apply to the Payment of said Executions.


Resolved by this Assembly that the Sheriff, who may have Execution against the Inhabitants of any Town for the Arrears aforesaid, do and shall receive in Payment thereof Pay Table Orders drawn on the 2/6ª Tax as also Orders drawn for State Money they being Justly Liquidated and reduced by the Pay Table to their Just value, where they may have been drawn for more than Par and any other Orders drawn for hard Money, And the Secretary is Ordered to Cause this Resolve to be printed in all the News Papers of this State.


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1783.


An Act for impowering and enabling the Committee of Pay Table more effectually to regulate the Public Accounts and produce a speedy Settle- ment of all outstanding Debts due to this State.


Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same That in Order more fully to adjust and ascertain all Public Accounts The Committee of Pay Table shall have free access to the Offices of the Treasurer and Secretary with full Power to examine all Books Accounts Documents or other Accounts whatever that respect or relate to the Public Accounts or Debts due to or from this State, and may call for any Acts Enteries Resolutions Abstracts or Statings of any and all Public Accounts as they shall Judge necessary in Order to investigate their real and true Situation. And it shall be the Duty of said Committee from Time to Time diligently to examine and State the amount of all Public Debts and Credits of this State, both as they respect the Accounts of this State with the United States, and with any Public Officer or other Individual or Body of Men.


And be it further Enacted by the Authority aforesaid that in Order to effect a Speedy Settlement with such as are indebted to this State, that the said Committee be and they hereby are fully Authorized and Impowered to Institute and pursue to final Judgment and Execution Suits at Law in the Name of the Governor and Company of this State against any Person or Body of Men who have received any public Monies or Property whatsoever and not duely accounted therefor, the Collectors of Publick Taxes only excepted, and for that purpose to employ one or more Attorney or Attorneys to prosecute the Same to full effect. And it shall be the Duty of said Committee to exhibit to the General Assembly in May and October annually and oftner if thereto required an Account of all Monies received into the Treasury on any and all Taxes that have been or may be laid or Assessed by the Assembly and remain unsettled together with all Deficiencies and Abatements made or that shall be made thereon, Also an Account of all Monies that have been or may be received into the Treasury for Fines for- feitures Penalties and confiscations or any other Way or means what- soever together with an Account of all Debts due to this State and from whom, also a General and particular State of the appropriation and expenditure of all Public Monies received as aforesaid in such manner as they shall think proper or the General Assembly or Governor shall direct.




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