USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 30
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307
COUNCIL OF SAFETY.
August 17th .- At a Meeting of the Committee of Safety.
PRESENT :
Benjamin Franklin, Robert Morris,
Anthony Wayne,
George Gray,
Daniel Roberdeau,
George Ross,
Benjamin Bartholomew,
Robert White,
Owen Biddle,
Andrew Allen.
Samuel Morris, jun'r,
The Committee appointed by the 2nd resolve of the 3rd inst., for drawing up Rules and regulations for the associations produced the same, and after several amendments, were agreed to and order'd to be transcribed.
August 18th .- At a Meeting of the Committee of Safety. PRESENT :
Benjamin Franklin,
"Thomas Wharton, jun'r,
Benjamin Bartholomew,
Samuel Morris, jun'r,
Daniel Roberdeau,
George Gray,
Owen Biddle,
George Ross,
Anthony Wayne,
Robert White.
Robert Morris,
The Articles of regulations, &ca. for the Associators, was this day taken into further consideration, and after some amendments, was ordered to be agaim transcribed.
Joseph Fox, one of the Commissioners for this County, waited on this Board, acquainting them that it was found impossible to get completed in any reasonable time, the Firelocks for this County, unless it be permitted that they make use of such Locks as they can procure.
Resolved, 'That this Board take the same into their consideration.
August 19th .- At a Meeting of Committee of Safety.
· PRESENT :
Benjamin Franklin, Daniel Roberdeau,
Robert Morris,
Owen Biddle,
Andrew Allen,
George Gray,
Samuel Morris, jun'r,
Robert White,
Thomas Wharton, jun'r,
John Dickinson.
Robert Towers, Com'ry, Reports his having received the follow- ing articles, which he had stored :
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MINUTES OF THE
5 half Barrels Gun Powder,
5 quarter Barrels ditto.
wt. 250 lbs, 125 "
375 1ba
Received from George Lush, and stored in the New Goal. . 5 cwt. Lead, and Liberties.
12,000 Flints, received from the Committee of the City
Stored in State House.
Deliver'd an Order to Mr. Towers, to Major Sam'l Mifflin, for the Powder that came this day in Capt. Ferris, which is to be put into the Powder House.
Mr. Towers is desired to remove the Powder that is now in the Goal into the Powder House, and see that proper Guards are fixed.
The Articles for regulating the Associators were transcribed, and this day read and approved of, and are as follows :
" Articles of Association of Pennsylvania.
" We, the officers and soldiers, engaged in the present association for the defence of American Liberty, being fully sensible that the Strength and Security of any Body of Men, acting together, con- sists in just regularity, due subordination, and exact obedience to command, without which no individual can have that confidence in the support of those about him, that is so necessary to give firm- ness and resolution to the whole, Do Voluntarily and Freely, after consideration of the following articles, adopt the same as the Rules by which we agree and resolve to be Governed in all our Military concerns and operations untill the same, or any of them, shall be changed or dissolved by the Assembly, or Provincial Con- vention, or in their recess by the Committee of Safety, or a happy reconciliation shall take place between Great Britain and the Colo- nies :
1st. If any Officer make use of any profane Oath or execration, when on duty, he shall forfeit and pay for each and every such Of- fence, the Sum of Five Shillings. And if a Non-Commission'd Officer or Soldier be thus guilty of cursing or Swearing, he shall forfeit and pay, for each and every such offence, the Sum of One Shilling.
2nd. " Any Officer or Soldier who shall refuse to obey the Law- full orders of his Superior-Officer, may be suspended from doing duty on that day, and shall upon being convicted thereof before a Regimental Court Martial, make such concessions as said Court Mar- tial shall direct.
3rd. " Any Officer or Soldier who shall begin, excite, cause, join in, or promote any disturbance in the Battalion, Troop or Company, to which he belongs, or in any other Battalion, Troop or Company,
309.
COUNCIL OF SAFETY.
shall be censured according to the nature of the offence, by the judg- ment of a Regimental Court Martial.
4th. " Any Officer or Soldier who shall strike his Superior-Officer, or draw or offer to draw, or shall lift up any Weapon, or offer any Violence against him, being in the execution of his office, shall, upon conviction before a Regimental Court Martial, be dismissed, and shall be deemed to be thereby disgraced as unworthy the Com- pany of Freemen.
5th. " Any Commanding or other Officer who shall strike any person when on duty, shall, upon conviction before a General Court Martial, be in like manner dismissed and disgraced.
6th. " Any Officer, non-Commissioned Officer or Soldier, who shall make use of insolent, provoking or indecent language while on duty, shall suffer such censure or fine as shall be inflicted by a Regimental Court Martial, according to the nature of the offence.
7th. " If any Officer or Soldier should think himself injured by his Colonel, or the Commanding Officer of the Battalion, & shall upon due application made to him, be refused redress, he may com- plain to the General of the Pennsylvania Associators, or to the Col- onel of any other Battalion, who is to summon a General Court Martial, and see that justice be done.
8th. "If any inferior Officer or Soldier shall think himself in- jured by his Captain, or other Superior Officer in the Battalion, Troop or Company to which he belongs, he may complain to the Commanding Officer of the Regiment, who is to summon a Regi- mental Court Martial, for the doing Justice according to the Nature of the case.
9th. " No Officer, Non-Commission'd Officer or Soldier shall fail of repairing with their arms, ammunition and accoutrements upon any regular alarm, or at the time fixed, to the place of parade or other rendevous appointed by the Commanding Officer, if not pre- vented by Sickness or some other evident necessity, or shall go from the place of parade without leave from the Commanding Officer be- fore he shall be regularly dismissed, on penalty of being fined or censured according to the nature of the offence, by the sentence of a Regimental Court Martial. But no officer or soldier shall be obliged to attend to learn the Military Exercise more than once in a week.
10th. " Any Officer or Soldier found Drunk when under Arms, shall be suspended from doing duty in the Battalion, Company or Troop on that day, and be fined or censured, at the discretion of a Regimental Court Martial.
11th. " What ever Centinel shall be found Sleeping upon his post, or shall leave it before he is regularly relieved, shall suffer such penalty or disgrace as shall be ordered by a Regimental Court Martial.
12th. " Whatever Commission'd Officer shall be convicted before a General Court Martial, of behaving in a Scandalous or infamous
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MINUTES OF THE
manner, unbecoming the Character of an Officer and a Gentleman, shall be dismissed from the association with disgrace.
13th. " Every non-Commission'd Officer or Soldier who shall be convicted at a Regimental Court Martial of having sold, carelessly: lost, wilfully spoiled or wasted, or having offer'd for Sale any am- munition, arms or accoutrements belonging to this Province, shall be dismissed such Battalion, Troop or Company, as an unworthy. member, and be prosecuted as the Law directs.
14th. "All disorders and neglects which Officers and Soldiers may be guilty of, to the prejudice of the good order and Military discipline of the Association of this Colony, are to be taken cogni- zance of by a General or Regimental Court Martial, according to the nature and degree of the Offence, and be censured at their discre- tion.
15th. "That on the first Meeting of every Battalion, after sub- scribing these articles of association, and from thence forward on the first meeting of every Battalion after the third Monday in Sep- tember annually, there be chosen two Persons, such as are entitled to Vote for Members of Assembly, out of each Company in the re- spective Battalions, by the non-Commission'd officers and privates, whose duty and Office shall be for the year following, to set and join with the Officers in Court Martial, which persons so chosen shall be Styled Court Martial Men.
16th. "Every General Court Martial shall consist of thirteen. Members, Six of whom shall be Commission'd Officers under the Rank of a Field Officer and Six Court Martial Men, who shall be. drawn by Lott out of the whole Number, and these twelve are to. choose a president, who shall be a field Officer and have a Casting Voice.
17th. "Every Regiraental Court Martial shall be composed of Seven Members, three Officers, three Court Martial Men & a Presi- dent, who is to be a Captain, and to be chosen by the Six, and also to have a casting Voice.
18th. "In all Courts Martial not less than two-thirds of the Members must agree in every sentence for inflicting penalties, or for disgracing any Associator, otherwise he shall be acquitted.
19th. "The President of each and every Court Martial, whether- Regimental or General, shall require all witnesses in order to trial of offenders to declare on their Honor, that what they give in as evidence is the truth, and the Members of all Courts Martial shall make a declaration to the president, and the President to the next Rank, upon their Honor, that they will give Judgment with impar- żiality.
20th. " All non-Commission'd Officers, Drumers, Fifers, or others, that shall be employed and receive pay in any of the Bat- talions Companies or Troops, shall subscribe these rules and Regu- lations, and be subject to such fines, to be deducted from their pay, and to such pentals as a Regimental Court Martial shall think pro-
1
311
COUNCIL OF SAFETY.
per, upon being convicted of having transgressed any of these regu- lations.
21st. All Associators called as Witnesses in any case before a Court Martial, who shall refuse to attend and give evidence, shall be censured or fined, at the discretion of the Court Martial.
22nd. " No Officer or Soldier being charged with transgressing these Rules, shall be suffer'd to do duty in the Regiment, Company or Troop to which he belongs, until he has had his Trial by a Court Martial; and every person so charged, shall be tried as soon as a Court Martial can be conveniently assembled.
23rd. "The Officers and soldiers of every Company of Artillery, or other Company Troop or Party, that is or shall be annexed to any Battalion, shall be subject to the command of the Colonel or Commanding Officer of said Battalion, and the Officers shall sit as Members of Courts Martial in the same manner as the officers of any other Company.
24th. "No Penalty shall be inflicted at the discretion of a Court Martial, other than degrading, cashiering, or fining, the fines for the Officers not to exced three pounds, and the fine for a Non Com- missioned Officer or Soldier, not to exceed twelve Shillings for one fault.
25th. "The Field Officers of each and every Battalion shall ap- point a Person to receive such fines as may arise within the same, for breach of any of these articles, and shall direct those fines to be carefully and properly applied to the relief of the Sick, wounded, or necessitous Soldiers belonging to that Battalion, and such person shall account with the Field Officers for all fines receiv'd, and the application thereof.
26th. "The General or Commander-in-Chief of this Association, for the time being, shall have full power of pardoning or mitigating any censures or penalties order'd to be inflicted for the breach of any of these articles by any General Court Martial; and every offender convicted as aforesaid, by any Regimental Court Martial, may be pardoned, or have his penalties mitigated by the Colonel or Com- manding Officer of the Battalion, excepting only where such cen- sures or penalties are directed as satisfaction for injuries received by one Officer or Soldier from another.
27th. " Any Officer, non commissioned Officer, or other person, who having subscribed these articles, shall refuse to make such con- cessions, pay such fines, or in any other matter refuse to comply with the judgment of any Court Martial, shall be dismissed the Service, and held up to the publick as unfriendly to the Liberties of America.
28th. "Upon the determination of any point by a Regemental Court Martial, if the Officer or Soldier concerned on either side, thinks himself still aggrieved, he may appeal to a General Court Martial; but, if upon a second hearing, the appeal appears ground- less and vexatious, the person so appealing shall be censured, at the discretion of the General Court Martial.
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29th. " Upon the Death, resignation, promotion, or other removal of an Officer from any Battalion, Troop, or Company, (except Field Officers,) or any Court Martial Men, such vacancy is to be fill'd by the Person or persons such Troop or Company shall elect.
30th. "No Officer or soldier shall be tried a second time for the same Offence, except in case of appeal.
31st. " All Officers and Soldiers of every battalion, Troop, Com- pany, or party of Associatiors, who shall be called by the Assembly, or Committee of Safety in recess of Assembly, into actual service, and be on pay, shall, when acting by themselves, or in conjunction with the Continental Forces, be subject to all the rules and articles made by the Honourable Congress for the Government of the Con- tinental Troops.
32nd. "No Commission'd, non-commission'd Officer or private, shall withdraw himself from the Company to which he belongs, without a discharge from the Commanding Officer of the Battalion, nor shall such person be receiv'd into any other company without such discharge.
"In Testimony of our approbation and consent to be governed by the above regulations, which have been deliberately read to, or carefully perused by us, we have hereunto set our hands."
August 21st .- In Committee of Safety.
PRESENT :
Benjamin Franklin,
Owen Biddle,
Daniel Roberdeau,
John Cadwalader,
George Gray,
Samuel Morris, jun.,
Robert Morris,
Robert White.
Thomas Wharton, jun.,
Mr. Robert Towers Reports, that he has removed the powder from the New Goal to the powder House.
And that he has received from Major Mifflin, the Powder that came by Capt. Ferris, which is stored in the Powder House, and is as follows, viz :
2 Barrels
-
wt. 200
33 do
-
150 ·
87₺ do
-
2175
48} do -
. - 600
4 Boxes, . 100
3225 1bs.
also, 1} cask, part out,
1 half Barrel, 50 Ibs. rec'd from the City Committee & stored in the Powder House.
A Letter was received from the Provincial Congress of New York, dated 16 August, requesting this Board to lend them some
313
COUNCIL OF SAFETY.
Gun Powder; in answer to which, this Board wrote them this day, informing them of the Powder that was sent to Colo. Schyler, and if he had no occasion for that quantity, it was at their Service.
The baggage belonging to the Officers was sent this day, by Mr. Vandegriff's Stage Waggon, for New York, to the care of the Com- mittee there, and is as follows :
2 Trunks,
1 Valice, for Major French.
1 Trunk,
2 Canteens,
>for Ensign Rotton.
1 Bed Box,
1 Hatt Case,
2 Trunks,
1 Bed Box,
1 Valice, for Mr. McDermot, a Voluntier.
1 Box,
August 22nd .- In Committee of Safety. PRESENT :
Benjamin Franklin, Daniel Roberdeau,
Samuel Morris, jun'r.,
Thomas Wharton, jun'r.,
Owen Biddle,
George Gray,
John Cadwalader,
Robert White.
Robert Morris,
Upon application of the Committee for this City & Liberties, That they might have the liberty of inspecting into the goods that came from Cork, belonging to the Ministerial Troops, it was agreed to, and in consequence thereof, the Bills of Lading and account of said goods was delivered them for their inspection of said goods.
Upon application of Messrs. Hunt & Lowrey, for a quantity of Lead and Powder, for the use of the associators of New Jersey, it is agree'd they should have liberty from this Board to purchase five hundred weight of Lead in this City, And that they be supplyed from this Board with five hundred pounds of Gun Powder, they pay- ing fifteen pounds # hundred ; an order was accordingly drawn on Robert Towers, Commissary, for the same, signed by the president and delivered to them Gentlemen.
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MINUTES OF THE
August 23d .- At a Meeting of the Committee of Safety. PRESENT :
ROBERT MORRIS, Pres'n pro. tem.
Owen Biddle,
Robert White,
George Gray,
Samuel Morris, jun'r,
Thomas Wharton, jun'r,
Daniel.Roberdeau.
John Cadwaladar,
On motion, an order was delivered to Robert Towers, Commis- sary, for the Salt Petre purchased from Joseph Sims, by the Pow- der Committee, at the rate of £15 $ hundred.
Upon application of Cap't Beach, for a quarter Cask of Powder, an order was give to Robert Towers to deliver the same.
The Boat built by Mr. John Wharton, called the Washington, was this day launched.
August 24th .- At a Meeting of the Committee of Safety. PRESENT :
Benjamin Franklin,
George Gray,
Robert Morris,
Daniel Roberdeau,
Thomas Wharton, jun'r,
Robert White,
John Cadwalader,
Samuel Morris, jun'r.
Owen Biddle,
On application, an Order was directed to the Commissary to de- liver to Matthew Clarkson, Quarter Master to the 1st Battalion of Associators, Commanded by Colo. Dickinson, nine quarter casks of Gun Powder, for the use of said Battalion.
Resolved, That the Boat built by Carroup & Fullerton, and to be launched this day, be called the Effingham.
Resolved, That Mr. George Gray procure 1500 Brushes and priming wires, for the Provincial Firelocks, at the rate of three pounds # hundred.
August 25th .- At a Meeting of the Committee of Safety.
PRESENT :
Benjamin Franklin, Andrew Allen,
Daniel Roberdeau,
Anthony Wayne,
John Cadwalader, Thomas Wharton, jun'r,
George Gray,
Robert White.
Robert Towers Reports that he received and stored Yesterday, the following articles, viz't :
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COUNCIL OF SAFETY.
25 Ib Salt Petre, from Joseph Sims, Stored in State House. 250 18 Ib Round Shot, w't. 4500,
4 24 1b do., 94,
4 32 Tb
do., 128,
4722, from George Taylor, ditto.
11 Quarter Casks Powder, 275 Ib, from George Slossher, in Powder House. This Powder was made by George Havener, from Salt Peter deliver'd him by the City Committee.
The Articles of Recommendation to the Associators was this day gone through, and order'd to be transcribed.
August 26th .- At a Meeting of the Committee of Safety.
PRESENT :
Benjamin Franklin,
Andrew Allen,
Owen Biddle,
Robert White,
George Gray,
John Cadwalader,
Daniel Roberdeau,
Thomas Wharton, jun'r.
John Dickinson,
Upon application of the Provincial Congress of New York, for a quantity of Gun Powder,
Resolved, That this Board send immediately, on account of said Congress, twenty hundred pounds of Gun Powder, in tite casks, & that Robert Erwin procure a Waggon to transport the same to Newark, in New Jersey; And that Mr. Owen Biddle see this done.
Resolved, That it be recommend to the first Battalion to receive Capt. Master's Company as the youngest company, untill a new Battalion can be formed.
That it be recommended to the second Battalion to receive Cap- tain Semple's Company as their youngest Company, untill a new Battalion can be formed.
That it be recommended to the light Infantry Company, late of the third Battalion, to join the said Battalion, And to the Bat- talion to receive the said Company ; And as Capt. Morgan has not yet had a chance by Lott for determining his Rank, it is recom- mended That 9 Papers, number'd from 1 to 9, be roll'd up, and that Capt'n Morgan drawing one of them, the Captain whose Num- ber he so draws, and all below him, Rank below Capt. Morgan.
That it be also recommended to the Third Battalion to receive Capt. Henderson's Company as their youngest Company, untill a New Battalion can be formed.
A Copy of these resolves were delivered to the different Colonels of the City and Liberty Battalions.
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MINUTES OF THE
The Articles of Recommendation to the Associators being taken several times into consideration, were, after some amendments, this day transcribed, approved of, And are as follows :
" Rules for establishing Rank or Precedence amongst the Pennsyl- vania Associators.
"The Committee of Safety appointed by the Assembly of the Province of Pennsylvania, being desirous of performing the im- portant duties of their station in the most satisfactory manner to the Public, beg leave to lay before them certain resolves of the Honorable Continental Congress, dated the 18th July, which have already been published, but it is apprehended have not come to the knowledge of many able-bodied effective Men, aged from 16 to 50 years, that may be very desirous of serving their Country in the present Glorious struggle for Liberty, in the mode pointed out by said resolves, which are in the following Words :
" In Congress, 18th July, 1775.
" Resolved, That it be recommended to the Inhabitants of the united English Colonies in North America, that all able-Bodied effective Men, between 16 & 50 years of age, in each Colony, im- mediately form themselves into regular Companies of Militia, to consist of one Captain, two Lieutenants, One Ensign, four Serjeants, four Corporals, One Clerk, one Drummer, one Fifer, and about Sixty-eight Privates.
"That the Officers of each Company be chosen by the respective Companies.
"That each soldier be furnished with a good Musket that will carry an ounce Ball, with a bayonet, steel ramrod, worm, priming wire, and Brush fitted thereto, a cutting sword or Tomhawk, a Cartridge Box that will contain twenty three rounds of Cartridges, twelve flints, and a knapsack.
"That the Companies be formed into Regiments or Battalions, Officer'd with a Colonel, Lieutenant Colonel, two Majors, an Adju- tant or Quarter Master.
" That all Officers above the Rank of a Captain be appointed by their respective Provincial Assemblies or Conventions, or in their recess by the Committees of Safety appointed by said Assemblies or Conventions."
" That all Officers be Commission'd by the Provincial Assem- blies or Conventions, or in their recess by the Committees of Safety appointed by said Assemblies or Conventions.
" That all the Militia take proper care to acquire Military Skill, and be well prepared for defence, by being each man provided with one pound of good Gun Powder, and four pounds of Ball fitted to his Gun.
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COUNCIL OF SAFETY.
"That one fourth part of the Militia in every Colony be selected for minute Men, of such persons as are willing to enter into this necessary Service, formed into Companies and Battalions, and their Officers chosen and Commissioned as aforesaid, to be ready at the shortest notice, to march to any place where their assistance may be required for the defence of their own or a neighbouring Col- ony, and as these Minute Men may eventually be called to action before the whole Body of the Militia are sufficiently trained, it is recommended that a more particular and diligent attention be paid to their instruction in Military discipline.
"That such of the Minute Men as desire it, be releived by new draughts, as aforesaid, from the whole Body of the Militia, relieved once in four Months.
"As there are some people who, from religious principles, can- not bear arms in any case, this Congress intend no violence to their consciences, but earnestly recommend it to them to contribute liberally to the relief of their distressed brethren, in their several colonies, and to do all other services to their oppressed Country which they can consistently with their religious principles.
"That it be recommended to the Assemblies or Conventions in the respective Colonies to provide, as soon as possible, sufficient Stores of ammunition for their Colonies ; also, that they devise proper means for furnishing with arms such effective men as are poor and unable to furnish themselves.
"That it be recommended to each Colony to appoint a Commit- tee of Safety, to superintend and direct all matters necessary for the Security and defence of their respective Colonies in the recess of their Assemblies and Conventions.
"That each Colony, at their own expence, make such provision by armed Vessells or otherwise, as their respective Assemblies, Conventions or Committees of Safety shall judge expedient and suitable to their Circumstances and situations, for the protection of their Harbours and Navigation on their Sea Coasts, against all un- lawfull invasions, attacks and depredations from Cutters and Ships of War.
· "That it be recommended to the makers of Arms for the use of the Militia, that they make good substantial Muskets, with Barrels three feet and a half in length, that will carry an ounce Ball, and fitted with a good Bayonet, and steel Ramrod, and that the making such arms be encouraged in these United Colonies.
"Where in any Colony, Militia is already formed under regula- tions approved of by the Convention of such Colony, or by such Assemblies as are annually elective, we refer to the discretion of such Convention or Assembly either to adopt the foregoing Regula- tions in whole or in part, or to continue their former, as they on consideration of all circumstances, shall think best.
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