USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 31
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* This paragraph is written in the margin of the MS. with an indication that it should be inserted in the text at this point.
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PUBLIC RECORDS
January,
in his Stead, And the Mayor of said City or in his absence the Senior Alderman present at any Meeting of said City or at any Court of Com- mon Council shall ex Officio be Moderator thereof, And the Meetings of said City may from Time to Time by a Major Vote of the Freemen present be Adjourned.
And be it further Enacted by the Authority aforesaid That the first Meeting of said City shall be holden at the Town School House in said New London the second Monday of March next at nine oClock in the forenoon for the Choice of the Mayor Aldermen Common Council and Sheriffs of said City and to transact such other Business as may be necessary which Meeting may be from Time to Time Adjourned, And a Copy Of this Paragraph of this Act, Certified under the Hand of the Secretary of this State and Published on the Sign Post in said Town of New London at least three Days before said Second Monday of March next shall be a legal Warning of the Freemen of said City to attend said first Meeting, and the annual Officers Chosen at said Meeting shall continue in Office untill the expiration of next June unless others are sooner Chosen and Qualified in their Stead. And the said City shall at such Meeting first Choose a Clerk of said City who shall be immediately sworn and shall forthwith make a Record of his being Chosen and sworn and the Records thus made by him in such Case shall be good and effectual any thing in this Act to the contrary notwithstanding and such Record may be made by the Clerks hereafter chosen of their being chosen & sworn and shall be good and effectual anything in this Act to the contrary notwithstanding, And said City shall thereupon proceed to Chuse a Mayor and the other Officers of said City eligible by the Freemen thereof And the Justices of the Peace within and for the County of New London living and Inhabiting within the Limits of said City and present at such first Meeting, shall have as to the Election of the Mayor Aldermen Sheriffs Common Councilmen and Clerk of said City the same Powers and proceed in the Same manner as the Mayor Aldermen & Sheriffs of said City by this Act are to have and proceed in at the future Elections of said City And the Senior Justice of the Peace within and for the County of New London living within the Limits of said City present at said first Meet- ing shall be Moderator thereof untill there shall be a Mayor or Alder- man Chosen and qualified according to this Act And said City shall at their first Meeting appoint a Time and place for holding the first Court of Common Council, which Court shall have Power to Adjourn from Time to Time And the first City Court of said City shall be holden on the first Monday of April next at the Town School House in said City, And the said City Courts of said City may be holden in said School House from Time to Time or in such other Place in said City as said City shall Provide and Judge Proper. And the Mayor Aldermen and Common Council of said City shall on the second Monday of March next at three o Clock in the Afternoon hold a Meeting at the Town School House in said New London and shall then and there Choose
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OF CONNECTICUT
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thirty six Freemen of said City to Serve as Jurors untill after the first Monday of July next, and the Name of each Person thus Chosen shall be fairly written on a seperate Peice of Paper and shall be put into the Jury Box by this Act to be Provided by the Clerk of said City Court and shall be drawn out in the manner herein before Provided with respect to Jurors,
Always Provided that any Thing in this Act notwithstanding the Inhabitants living within the Limits of said City shall to all Intents and Purposes be and remain a part of the Town of New London
Provided nevertheless That if this Act or any of the Provisions therein contained shall be found inconvenient or in any respect inade- quate the Same on representation of the City or otherwise may be altered or revoked by the General Assembly,
Provided nevertheless That the Judges of said City Court may and they are hereby Authorized to hear try and finally determine all Causes brought before the City Court by a Jury of six Freemen or without a Jury when neither of the Parties desire to have the Cause decided by a Jury or by more than six Jurors, And this Act shall to all Intents and Purposes be a Public Act.
An Act Impowering the Delegates of this State to make a Cession of unlocated Lands on the Western Part of the State to the United States for their common Benefit.
Whereas by the late Treaty with Great Britain, the Limits and Boundaries of these United States include large Territories Claimed by particular States which at the Commencement of the War were unlocated and partly in the Possession of the Enemy and great part thereof in Possession of the Aborigines who have Joined and aided our Enemies in the War and a Peace hath been obtained with the extensive Limits aforementioned under the Smiles of Providence by the United efforts and at the Joint expence of the United States, And Congress having recommended to those States which are not circumscribed by other States to make liberal Cessions of Part of their Claims for the Benefit of the United States,
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That the Honbe Roger Sherman and James Wadsworth Esq" be and they hereby are directed Authorized and fully Impowered in the Name and behalf of this State to make and execute under their Hands and Seals an ample Deed of release and Cession of Territory and Land belonging to and Claimed by this State Situate and being Westward of the Western Boundary Line of the Commonwealth of Pensylvania as now Claimed by the said Commonwealth That is to say to begin at the beginning of the forty first Degree of North Lattitude One hundred and twenty Miles Westward of the aforementioned Western Boundary Line of Pensyl- vania and from thence a Line to be drawn Northerly Parallel to and one hundred and twenty Mile Westward of said West Line of Pensyl-
278
PUBLIC RECORDS
January,
vania and to continue Northerly untill it comes to forty two Degrees and two minits North Latitude all the Lands and Territory, with the Rights Priveleges and appurtenances thereunto belonging lying West- ward of the afore described Line to be drawn as before mentioned shall be included released and Ceded to the United States in Congress Assem- bled for the Common Benefit of the United States, excepting and reserving to this State for the Use of this State, and to satisfy the Officers and Privates in the Connecticut Line of the Continental Army the Lands to which they are entituled by the Resolve of Congress, all the Territory and Lands situate and Lying between the aforementioned Western Bounds of Pensylvania and said described Line to be drawn at one hundred and twenty Miles distance therefrom, said Tract of Land so reserved hereafter to be formed into a Government either by itself or with such other Territory thereto annexed as shall be Judged most expedient and beneficial under a free Constitution simular to other of the United States.
Whereas this State during the late Contest in support of the Com- mon Rights of the United States, never set any other Limits to their Exertions but what were circumscribed by their want of more force to employ in the General defence, And have therefore at their own expence not only defended an extensive Sea Coast of their own very accessable by the British Forces, but have also maintained a Barrier at Greenwich nearer the Principal Possessions of the late Enemy than any other on the East Side of the River Hudson, which Barrier has not only been necessary for the Security of this State but the Troops stationed there have given Protection to great Numbers of the Inhab- itants of the State of New York and have Acted in subserviency to the Views of the Army lying on the East of the Hudson. And Whereas the Defence which this State has given to the Harbour of New London and thereby preventing a Lodgment of the late Enemy in that Town and Groton has been essentially necessary to prevent the British Ships from enjoying a Haven there equally secure at all Season as any Port within the United States, and consequently would have been a most proper Object of General Attention. And Whereas notwithstand- ing the great expence which this State has been at for their own Defence unassisted by the Troops of the United States or the Aid of the Neigh- bouring Militia except a small Number upon a few Particular Occasions this State have very frequently sent out large Numbers of their Militia for the aid of their Neighbours and upon the Calls of the Army by which extraordinary Exertions and expences this State notwithstanding their Inhabitants have been taxed during the War to the utmost extent of their Ability yet they find themselves loaded with an immense local Debt which imposes such a Burthen upon their Inhabitants that they are endeavouring to avoid the weight of it by emigrating in vast Numbers into States where the burthen of taxation is much less. And Whereas this State have settled with their Line of the Army agreeably to what
279
OF CONNECTICUT
1784.
they apprehended the Acts of Congress were, up to the first of January 1782, and have been therefore much disappointed when they were informed that an Act of Congress has passed the last Jany resolving that the Pay of the Army after the first of August 1780 should be made by the United States only and therefore find that no Provision has been made to enable this State to Charge the United States with the Pay- ments made to their Line within the beforementioned Periods, This State therefore from the foregoing Premisses conceive that they have an undoubted Claim upon the Justice of the United States, that Expences of defending the Harbour of New London, and the Port of Greenwich be made a Charge against the United States, and as the Payment made to their Line of the Army from the first of August 1780 to the first of Jany 1782 has been inured for the Benefit of the United States it is impossible for this State to doubt but that they will be Authorized to Charge said Payment together with the Interest from the Time in which it has been made to the United States
Therefore it is Resolved by this Assembly that his Excellency the Governor of this State Write to Our Delegates in Congress to move that Honble Body that the beforementioned Expences Payments and Interest be allowed as a Charge against the United States, And that he repre- sent to them that it is the expectation of this State that an attention should be given to their Application and such an Answer obtained thereto as this State conceive themselves Justly entituled to recieve.
The Committee appointed to devise Ways and Means for Inforcing the Collection of Excise upon Goods and Articles by Law of this State subject to Duty &c Beg Leave to Report, that the following Draught of a Resolution be passed into an Act of this Assembly and published throughout this State in the manner therein directed viz
Resolved by this Assembly That all Retailers of Goods Wares and Merchandize Subject to the Payment of Excise by Virtue of the Law of this State Entituled, An Act for laying an Excise on sundry Articles of Consumption within this State, who have not conformed to the Regu- lations of said Act be and they are hereby Notified and directed, that on or before the first Day of March next they and each of them conform to said Regulations in all the Particulars Provided in and by said Act in which they have been defective or negligent and to render a true Account or Manifest of all such Goods Subject to said Excise as they have Sold by Retail since the twentieth Day of April 1783 to the Several Collectors of Excise in the Counties or Districts in which such Retailers respectively belong or have resided, since said 20th Day of April as also of what Goods they shall have on Hand for retailing Subject to said Excise on said first Day of March or when such Manifest is ren- dered, and pay or Secure the Excise thereon according to the Directions of said Act, and also to give security on or before said first Day of March for their conformity to the Directions of said Act according to Law. And all such Retailers and others by Law liable to pay Excise,
280
PUBLIC RECORDS
January,
as do not conform to said Act by the said first Day of March, shall be proceeded against as said Act directs in Case of neglect, and the several Collectors of Excise are hereby directed to proceed against and prose- cute such negligent Retailers accordingly, And all such Retailers and others liable as aforesaid as have complied with or do conform to said Act by said first Day of March next have Liberty hereby given to them to pay the Excise in Certificates given by the Treasurer for Interest on Notes due or Monies Loaned to this State. And the State Attorneys in the several Counties are hereby directed to prosecute such Collectors of Excise in their respective Counties as shall neglect their Duty in Col- lecting of Excise according to the Act aforesaid, And the Secretary of this State is hereby directed without Delay to publish this Act in the several News Papers in this State.
Resolved by this Assembly that the Committee of Pay Table be and they are hereby directed to examine and liquidate the Account of Jesse Brown for Express riding from the 16th of Novr 1777 to May 21st 1780 upon the same Principles and to make him the same allowance as has since the Date of his Account been allowed him in Specie by the Comp- troller of the Accounts of the United States, and Charge the United States with the Account.
Upon the Application of Ebenez" Gary, Resolved by this Assembly that the Committee of the Pay Table do Liquidate and adjust the Account of said Gary for sundry Articles furnished Nathaniel Shaw for the Use of this State 28th January 1777 and draw on the Treasury for what they shall find Justly due thereon.
Resolved by this Assembly that the several Naval officers in this State shall once in every three Months untill the further Order of this Assembly Pay and deliver over to Amasa Learned of New London all Monies by them to be Collected by Virtue of an Act made for laying a Tax on Shipping for repairing and maintaining the Light House near the Port of New London taking of him duplicate Receipts therefor one of which Receipts shall be by the Naval Officers respec- tively lodged with the Treasurer of this State.
Upon the Application of John Porter, Resolved that the Committee of the Pay Table liquidate and adjust his Account as Clerk to the Gov- ernor and Council of Safety and draw on the Treasurer for the Bal- lance they shall find Justly due.
Whereas it is Represented to this Assembly that there is Sundry Articles of Cloathing, some small Quantities of Salt Salt Petre Cart- ridges &c being the property of this State lying in sundry Towns in this State,
Therefore Resolved by this Assembly that the Select Men in the several Towns be and they are hereby directed to Sell and dispose of any Articles in their respective Towns belonging to this State and take
281
OF CONNECTICUT
1784.
in Payment any Securities given by this State and make return to the next General Assembly, except such of said Articles as are in the County of Windham for the disposition of which other Provision is made.
Whereas upon Report of a Committee accepted and approved by this Assembly it is thought best to dismiss the Company now Stationed at Forts Trumbull and Griswold in New London and Groton and to dispose of the Public Property in and about the Same &c as Per Report &c,
Resolved by this Assembly that Capt John Deshon and Ebenez" Ledyard Esq™ be and they are hereby appointed and fully Impowered to Sell and dispose of all the Perishable Implements Articles and Stores belonging to this State in and about said Forts or appertaining thereto either for Specie or State Securities now due, taking an exact Inven- tory of the Same reserving about 1000wt of the Powder for the Use of said Forts, and also to dispose of the Barracks reserving only One or so much of One, as shall be Sufficient for a small Family for a small Guard of two Men in Fort Trumbull to be under the command and direction of some proper Person who shall be by the Governor for the Time being appointed for that purpose and that the aforesaid Gentlemen pay the Avails of such Sales to the Treasurer of this State taking his Receipt for the Same and exhibit their Account of their Doings in the Premisses some future Session of this Assembly,
And it is further Resolved that the aforesaid Company be and they are hereby discharged from any further Service in said Garrison, And it is further Ordered, that the said Gentlemen appointed as aforesaid do also Sell and dispose of the useless Cannon and all the Public Property of this State at Stonington Long Point.
Resolved by this Assembly that all the Causes and Matters depend- ing before the Superior Court to be holden by adjournment at Litch- field in and for the County of Litchfield on the first Tuesday of Feby 1784 be and the same are hereby Ordered to be Continued to the next Term of said Superior Court to be holden at Litchfield in and for the County of Litchfield on the last Tuesday save two in February 1784 Then and there to be tryed and determined according to Law And all Persons concerned therein are to take Notice thereof accordingly.
This Assembly do appoint Nathaniel Otis of Colchester to be Sur- veyor of Lands for the County of Hartford.
An Act for confirming the Laws of this State as revised an amended and for repealing such as are not contained in the foregoing Code .*
Whereas all the Statute Laws of this State have been lately revised and digested under proper Titles in Alphetical Order with several
* For the resolution of May, 1783, appointing Roger Sherman and Richard Law a committee to revise and codify the laws, see above, p. 122.
282
PUBLIC RECORDS
January,
Addition alterations and amendments and the whole carefully examined and considered by this Assembly,
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same, That all the foregoing Acts be and they are hereby Enacted and confirmed as the Laws of this State And that all other Statute Laws of this State heretofore made and published which are not contained in the foregoing Code be and the same are hereby repealed
Provided nevertheless that all Matters commenced by virtue of any of the Laws hereby repealed now depending or unfinished may be prosecuted and pursued to final effect in the same manner as they might have been if this Act had not been made.
Provided also that such of the foregoing Laws as remain for substance the Same as before the revisal shall be considered as having continued in force from the Time that they were first Enacted, any circumstantial Amendments or Alterations notwithstanding.
Resolved by this Assembly that Richard Law Esq" be appointed to take Care and get the Revision of the Laws printed as soon as may be and to overlook the Press therein And to correct any Clerical Mistake Misprisions Omissions or circumstantial Errors that may have happened in the Copy or that may occur in the Impression taking Care that no Material Alteration be made in the substance thereof And that the Printer be directed to make out the number of five hundred Books thereof well Bound and them lay before the General Assembly to be distributed and disposed of as this Assembly shall hereafter direct, And that the Charter and Articles of Confederation be prefixed to said Edition, And the Secretary is hereby directed to deliver to said Richard Law the Manuscript Original for the purpose aforesaid which said Law is to return to said Secretary's Office after the Business aforesaid is compleated .*
Upon the Report of the Committee appointed by this Assembly in May 17827 to abate to those Persons who were Sufferers by the Enemy in Groton in Septembr 1781 the Proportions due from them respectively in payment of an Execution in favour of the State against said Town for their deficiency of four Men required for the Guard at Horse Neck reporting that they have abated to eighty Persons who were Sufferers as aforesaid the Sum of £29 8 3 which Sum ought to be deducted from said Execution as Per Report on File,
* This work, the first compilation of the laws of the State (rather than the Colony) of Con- necticut, was published in one volume in 1784 with the following title page: Acts and Laws of the State of Connecticut, in America. New London: Printed by Timothy Green, Printer to the Governor and Company of the State of Connecticut. MDCCLXXXIV.
t See State Recs. of Conn., IV, 237-238.
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OF CONNECTICUT
1784.
Resolved by this Assembly that the Sum of £ 29 8 3 LMoney is abated and the Same is hereby Abated on said Execution and the Officer who hath said Execution is hereby required to endorse the Same.
Whereas it appear to this Assembly that the Listers in the following Towns in this State for the Year 1783 have not fully attended to their Duty the Listers of Litchfield in not assessing certain Descriptions and denominations of Persons in wholly Omitting some and setting others too Low by Law Warranted, amounting in the whole to &395 and that it appears said neglects were wilfull, those of Sharon in not returning the Name and Professions of Mechanicks, Cornwall in not makeing any Return of Assesments, Sharon in not making a return of the Occupations of Persons Assest Cheshire in wholly omitting a Number of Tavernkeepers, It also appeared that there is no Certificate of the Listers of Cornwall being Sworn and those of Midletown not agreably to the direction of Law,
Whereupon Resolved by this Assembly that the Town of Litchfield be doomed to be set in the List for the Year 1783 the Sum of £ 1580 for the misconduct and neglect of their Listers as aforesaid And that the Treasurer Issue out his Warrants accordingly, And that the Towns of Sharon Cornwall Salisbury and Cheshire compleat their Assesments according to Law and return the Same to the General Assembly in May next, And that the Town of Middletown Cause their Listers to be duely Sworn before some proper Authority, that the List by them made and sent to this Assembly is a true List according to Law, and the Same Certify to said Assembly, and that the Secretary cause the Resolve to be printed in the several Newspapers in this State.
On the Report of a Committee appointed to take into Consideration what Allowances ought to be made to any or all such who were made Widows in Consequence of the Action of the 6th September 1781 in Fort Griswold and their Families,*
Resolved by this Assembly that the Treasurer be and he hereby is Authorized and directed to pay out of the two penny Tax granted in May last to the Select Men of the Town of Groton the Sum of two hundred & forty eight Pounds LMoney to the Select Men of the Town of New London the Sum of forty eight Pounds LMoney and to the Select Men of the Town of Stonington the Sum of eighteen Pounds LMoney to be distributed among such Widows and Families in each of said Towns in such proportion as the Civil Authority and Select Men of the said Towns respectively shall Judge Just and reasonable.
Resolved by this Assembly that Mr Elkanah Tisdale be and he is hereby appointed to pursue and finish the Business of looking up and
* See above, p. 119.
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PUBLIC RECORDS
January,
disposing the Articles of Salt Cloathing Provisions and Stores of every sort belonging to this State in the County of Windham which Nath1 Wales Esq" now Deceasd was Authorized to do in his Life Time and to account with the Treasurer all that shall be so Collected.
This Assembly do appoint Epaphras Sheldon Esq" to be Brigadier General of the sixth Brigade of Militia in this State in the Room of Brigadier General Selah Hart resigned.
This Assembly do appoint Samuel Brownson Esq" to be Major of the twenty seventh Regiment of Militia of this State in the room of Major Jesse Curtiss resigned.
This Assembly do establish William Ainsworth to be Captain of the 10th Company or Trainband in the 11th Regiment in this State.
This Assembly do establish Daniel Perry to be Ensign of the 10th Company or Trainband in the 11th Regiment in this State.
This Assembly do establish Silas Fairchild to be Captain of the 5th Company or Trainband in the 16th Regiment in this State.
This Assembly do establish Hezekiah Dayton to be Lieutenant of the 5th Company or Trainband in the 16th Regiment in this State.
This Assembly do establish Elijah Ackley Jun" to be Captain of the 1st Company or Trainband in the 25th Regiment in this State.
This Assembly do establish Jeremiah Selby to be Ensign of the first Company or Trainband in the 25th Regiment in this State.
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