Colonial records of Pennsylvania, Vol. X, Part 31

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 810


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"A true Copy from the Minutes,


"CHARLES THOMSON, Sec' ty.


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And in order that all persons of every Rank, degree and station may be truely informed of the Premises, and none hereafter plead ignorance, this Board do earnestly recommend to all Committees of Inspection and observation in this Province to cause this publi- cation to be dispersed, read and explained within their respective districts, in such manner that ever person capable of associating for mutual defence, may be made sensible it is a duty they owe to themselves and Country, to do it without further loss of time, and as it is necessary that this Board be speedily informed of the Num- der of Associatiors in the Several Counties or districts, the said Committees are requested to make returns as soon as possible : First, of the several Battalions already formed Secondly, of the several new associators not yet formed into Battalions : Thirdly, of all such Persons from Sixteen to Fifty, their names and places of abode, as may refuse to associate, not having any conscientious objections, if any such there be, and lastly of the number of men in their re- spective districts who conscientiously decline bearing arms, with their names and places of abode.


The several Committees of Inspection and Observation having been desired to make returns to this Board as soon as conveniently could be, of the several Battalions of Associators already formed in their districts, are now informed that it will be necessary to men- tion in said returns the Rank of every Battalion of a County, in regard to others in the same County, and to prevent uncertainty among the Officers of the General Association, respecting Rank or Command, and to ascertain the same with precision.


This Committee, in forming the following plan (which they pro- pose to observe strictly in granting Commissions, and which they recommend to the general acquiescence of all the associators) have had a regard to the Seniority or priority of establishment of the several Counties, Viz :


1st. All Officers already chosen or appointed in the City & dis- tricts of Philadelphia, to take rank or precedence of all other Officers of equal dignity, chosen or appointed in any other part of the Province.


2nd. All Officers already chosen or appointed in Philadelphia County, to take rank of all Officers of equal dignity chosen or ap- pointed in any other County.


3d. All Officers already chosen or appointed in Bucks County, to take Rank of all officers of equal dignity, chosen or appointed in any other than the City and district and County of Philadelphia.


4th. All Officers already chosen or appointed in Chester county, to take Rank of all Officers of equal dignity, chosen or appointed in any other than Bucks, Philadelphia County & Philadelphia City and districts.


5th. All Officers already chosen or appointed in Lancaster County, to take Rank of all Officers of equal dignity, chosen or appointed in any other than Chester, Bucks and Philadelphia county, and Philadelphia City and districts.


6th. All Officers already chosen or appointed in York county,


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to Rank before Officers of equal dignity in any other than Lancas- ter, Chester, Bucks and Philadelphia County, Philadelphia City and districts.


7th. All Officers already chosen or appointed in Cumberland county, to rank before Officers of equal dignity in the junior Coun- ties of Berks, Northampton, Bedford, Northumberland and West- moreland.


8th. All Officers already chosen or appointed in Berks County, to rank before Officers of equal dignity in the Counties of Nor- thampton, Bedford, Northumberland and Westmoreland.


9th. All Officers already chosen or appointed in Northampton County, to rank before Officers of equal dignity in Bedford, Nor- thumberland and Westmoreland Counties.


10th. All Officers already chosen or appointed in Bedford County, to rank before Officers of equal dignity in Northumberland and Westmoreland Counties.


11th. All Officers already chosen or appointed in Nortumberland County, to rank before Officers of equal dignity in Westmoreland county.


12th. All Officers already chosen or appointed in Westmoreland, the youngest or last made County in this province, yield up Rank or precedence to all officers of equal dignity already chosen or ap- pointed in every other County in this Province.


13th. Where Commissions of equal dignity in different Coun- ties bear the same date, precedency to be determined by Seniority of Counties, but where they are in the same County by the Rank of the Battalion.


14th. The Colonels already chosen or appointed in the city and districts, having determined their ranks, with respect to each other, by lot, their and the other field officers' commissions will be dated according to the Lot so drawn.


15th. The Colonels already chosen or appointed in every County, are to determine their Rank, with respect to each other, by Lot, & Commissions for them and their respective field Officers will be dated accordingly.


16th. The Captains in every Battalion to determine their Rank in Battalion by Lot, and their Commissions, with those of their Lieutenants and Ensigns, will be dated accordingly.


17th. All Officers hereatter chosen or appointed, to have their Commissions dated at the time of such choice or appointment, and to take Rank according to said dates.


18th. All Battalions now raised to be compleated as soon as pos- sible, and to consist of eight Companies of about sixty-eight pri- vates each, and one company of Light Infantry, and to have for Officers a Colonel, Lieutenant Colonel, two Majors, a Standard Bearer, Adjutant, Serjeant Major, Drum and Fife Major ; and the officers of each company to consist of a Captain, two Lieutenants, one or two Ensigns, four Serjeants, four Corporals, a Drummer and Fifer, except the Light Infantry Company, which, instead of two


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Lieutenants and two Ensigns, are to have four Lieutenants, the two youngest of which are to rank as Ensigns.


19th. The Standard Bearer of each Battalion to Rank as eldest Lieutenant of the Battalion.


20th. All National distinctions in dress or name to be avoided, it being proper that we should now be united in this general Asso- ciation for defending our liberties and properties under the sole de- nomination of Americans.


21st. Companies to take post in their Battalions according to the date of their Captains' Commissions, if the Captains be present, but if absent such Companies to take post as youngest in the Bat- talion.


22nd. No Field Officers to have Companies.


23rd. For the better order and Government of Companies which may be raised after the completion of the several Battalions already formed in the City and Counties, such companies are not to be ad- mitted as independent, but are to be annexed to the most convenient battalon, until nine Companiesare raised to form a new Battalion, and no number of associators are to be considered as a Company unless they consist of at least Forty Men, but it is recommended that till that number be compleated, the associators join the most conve- nient Battalion, exercise and do duty with such Battalion.


24th. All Battalions now formed, as well as those hereafter to be formed, are desired to make the necessary returns of their numbers and officers, with their respective ranks, to the Committee of their County, and the Committees are desired to certify such re- turns, with the respective rank of each Battalion in their County, to this Board, that Commissions may be issued immediately for every officer, in conformity with these rules.


25th. And as there may happen occasions wherein it may be necessary to call out a part of the Associators to actual though tem- porary service, and not the whole body, and it would be extremely inconvenient and burthensome if upon every alarm where the assis- tance of part only may be wanted, the whole should come together, or any much greater number than the occasion required, and it would be, therefore, necessary to have such divisions made of the Asso- ciators, as that parts smaller or greater, may be distinctly called for, and the service as equally and fairly allotted, and dive'd as the na- ture thereof will admit, it is recommended not only the Battalions of each County, but also that the Companies of each Battalion be by lot number'd, 1, 2, 3, 4, &ca., so that orders may issue from the Commander-in-Chief to the Colonels, either to march their whole Battalions, or to send to an appointed rendezvous the first, or second, or any number of Companies that shall be wanted, each company serving on such calls in its turn, and for such proportion of time as shall make the burthen nearly equal, and if the associa- tors who are called forth, are not all yet provided with good arms, it is recommended to those who have such, and are not called out, to lend the same for that occasion, at the risque of the public.


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Lastly. This Board having drawn up thirty-two articles of agree- ment for the due regulation and Government of all the Associators in the Province, which is published herewith, they do recommend the same to be adopted, Signed and agreed to by all the said As- sociators, in order that one general system may prevail in Pennsyl- vania.


Resolved, That the Rules and Regulations for, and the Recom- mendations to the Associators, be published by William Bradford, and that he print two thousand of each on good paper, for the use of the Association. Mr. Andrew Allen is desired to give orders for the same being done, and Colo. Roberdeau is desired to get five hun- dred of each printed in the German Language, for the use as afore- said.


A Letter was this day receiv'd by Capt. George Ord of the Lady Catharine, from Henry Tucker, Chairman of the Deputies of the several Parishes of Bermuda, enclosing an account for 1182 1bs. Gun Powder ship'd by him on board said vessell, amounting to £161.14.8 that Currency, with an account of 8 half bars of Powder on board said Vessell the property of Capt. John Cowper of North Carolina, for which last powder, Mr. Tucker has engaged that this Board or Mr. Robert Morris will be accountable for.


The articles for the Good Government of the Officers and Men to be employed on Board the Boats belonging to this Province, this day came under consideration, and after some amendments was read and approved of.


The draught for the Officers' Commissions to be employed on board the armed Boats, was this day read and approved of, and is as follows :


" In Committee of Safety.


" To


" We, reposing especial trust and confidence in your patriotism, Valour, Conduct and Fidelity, Do by these presents Constitute and appoint you to be - of the Provincial armed Boat call- .


ed the fitted out for the Protection of the Province of Pennsylvania and the Commerce of the River Delaware, against all Hostile Enterprises, and for the Defence of American Liberty; you are, therefore, to take the said Boat into your Charge and Carefully and diligently to discharge the duty of by doing and performing all manner of things thereunto belonging. And we do strictly charge and require all Officers, Soldiers and Mariners under your Command, to be Obedient to your orders as and you are to observe and follow such orders and directions from time to time, as you shall receive from the Assembly or Provincial Con- vention during their Sessions, or from this or a future Committee of Safety for this Province, or from your Superior Officer, According to the Rules and Discipline of War, pursuant to the trust reposed


VOL. X .- 21.


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in you; this Commission to continue in force until revoked by the Assembly or Provincial Convention, or by this or any succeeding Committee of Safety.


"By Order of the Committee."


Ordered, That Mr. Bradford print on good paper, one hundred of the Commissions for the Officers to be employed on Board the armed Boats.


A Recommendation to the Associators to make use of Pikes was this day read and approved of, which is in the following words :


"It has been regreted by some great Soldiers, particularly by Marshal Saxe, that the use of Pikes was ever laid aside, and many Experienc'd Officers of the present times agree with him in opinion, that it would be very advantageous in our Modern Wars to resume that Weapon, its length reaching beyond the Bayonet, and the compound Force of the Files (every Man laying hold of the presented Pike). . rendering a charge made with them insupportable by any Battalion armed only in the common manner. At this time therefore, when the Spirit of our People supplies more Men than we can furnish with Fire Arms, a deficiency which all the Industry of our ingeni- ous Gunsmiths cannot suddenly supply, and our Enemies having, at the same time they were about to send regular Armies against un- disciplined and half Armed Farmers and Tradesmen, with the most dastardly malice, endeavour'd to prevail on the other powers of Eu- rope not to sell us any Arms or Amunition, The use of Pikes in . one or two Rear Ranks is recommended to the Attention & consid- eration of our Battalions. Every Smith can make these, and there- fore the Country may soon be supplied with plenty of them. Mar- shal Saxes' direction is, that the Staff be fourteen feet in length, and the Spear eighteen inches, thin and light, the Staff to be made of Pine, hollowed for the sake of lightness, and yet to retain a degree of stiffness ; the whole not to weigh more than seven or eight pounds. When an Army is to encamp, they may, he observes, be used as Tent Poles, and save the trouble of carrying them. The Committee of Safety will supply samplesto those Battalions who are disposed to use them. Each Pikeman to have a cutting Sword, and where it can be procured, a Pistol."


Order'd, That a Copy of the above be deliver'd to the Colonels of the different Battalions in this City and districts, which was ac- cordingly done.


August 28th .- At a Meeting of the Committee of Safety.


Present : Only 6 Members.


Robert Morris, Owen Biddle, George Gray, Thomas Wharton,


Daniel Roberdeau, Robert White.


Mr. Robert Towers reports that he has receiv'd from Mr. Robert Morris 4650 lbs. Gun Powder, which is put in the Powder House.


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Mr. Towers reports that he deliver'd 2012 lbs. Gunpowder to Robert Erwin and Mr. Owen Biddle; that the said powder went yesterday for New Ark, for account of the Provincial Congress of New York, agreeable to a resolve of the 26th inst.


August 29th .- At a Meeting of the Committee of Safety.


PRESENT :


ROBERT MORRIS, President pro. tem.


Daniel Roberdeau,


George Gray,


Robert White,


Thomas Wharton, jun'r,


Owen Biddle,


Anthony Wayne,


George Ross,


John Cadwalader.


This Board thought proper to reconsider the articles for the Gov- ernment of the Officers and Men to be employed on board the pro- vincial Armed Boats, and after some amendments, were order'd to be transcribed for the press, which was accordingly done, and are as follows :


."In Committee of Safety for Pennsylvania.


"WHEREAS, the Arbitrary and Tyrannical proceedings of the British Ministry, in attempting to reduce the good people of Ame- rica into a state of abject Slavery and Vassalage, has met with a righteous and Spirited Opposition from the twelve united Colonies by their Delegates in Congress, who, by their resolves of the 18th July, recommended to the Assemblies or Conventions, or in their recess, to the Committees of Safety, to devise & provide such means for de- fending the Lives, Liberties, and properties of their respective inha - bitants, as may to them seem best in compliance with this recom- mendation ; and in consequence of the powers vested in this Com- mittee by Resolve of the Assembly of this Province, they have caused Sundry Boats to be Built and Armed for the defence of the Same, and the protection of its commerce; which Boats being now ready for service, it remains that they be immediately manned and equiped ; Therefore, to encourage good and brave Men to engage freely in this Glorious Service, the following Rules and Regulations are offered by the said Committee :


1st. " All Officers and Privates in or belonging to the Provincial Armed Boats, being guilty of profane Oaths, Cursing Drunkeness or other scandalous actions, shall incur such punishment as the na- ture and degree of the offence shall deserve, at the discretion of a Court Martial.


2nd. " Any Officer or Private who shall strike the Commander- in-Chief or other his Superior Officer, or draw, or offer to draw, or lift up any weapon, or use any violence against him, or shall be-


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have himself with contempt or disrespect to him, them, or either of them, being in the execution of their office, shall be punished according to the nature of his offence, at the discretion of a Court Martial.


3rd. " If any Person in or belonging to the Provincial Armed Boats shall raise, or endeavour to raise a Mutiny, on any pretence whatever, or shall disobey any lawful commands of his Superior Officer, he shall, on conviction thereof, suffer such punishment as shall be order'd by a Court Martial.


4th. " Any Officer or Private who shall, without leave of his Commanding Officer, absent himself from the Boat or other Vessell to which he belongs, or from any detachment of the same, or shall advise or persuade any other officer or private so to do, shall be punished, at the discretion of a Court Martial.


5th. "Every Person in the Fleet who shall Mutiny in time of action, or who through Cowardice, disaffection, or negligence, shall at such time withdraw or keep back, or not come into the fight or Engagement, or shall not do his utmost to take or destroy any Ship, Boat or other Vessell which it shall be his duty to engage, or shall en- deavour to persuade or deter others from doing their duty at such a time, shall suffer Death.


6th. "Every Person who shall desert to the Enemy, or shall in- tice others so to do, shall suffer Death, or such other punishment as the circumstances of the offence shall deserve, and a Court Martial think fit.


7th. " Any Officer or Private who shall be convicted of holding any correspondence with, or giving intelligence to the Enemy, either directly or indirectly, shall suffer Death, or such punishment as shall be order'd by a Court Martial.


8th. "Every Officer or Private who shall be convicted of having designedly or carelessly wasted or imbezzled the ammunition, arms, stores, or provisions belonging to any of the Boats, shall suffer such punishment as a Court Martial shall think proper for the offence.


9th. " Whatever Officer shall be found Drunk on Guard or un- der Arms, shall be Cashier'd; and any Private so offending, shall be punish'd at the discretion of a Court Martial.


10th. "No Person in or belonging to the Provincial Armed Boats shall sleep upon his watch, or forsake his post, on pain of such punishment as a Court Martial shall think fit to impose.


11th. "Any Officer or Private who shall, by discharging Fire Arms, beating of Drums, or by any other means, occasion false alarms, shall suffer such punishment as shall be inflicted by a Court Mar- tial.


12th. " All Officers, of what condition soever, shall have power to part and quell all quarrels, affrays and disorders, though the persons concern'd should belong to another Boat, and order Officers to be arrested, and Non-Commission'd Officers or Privates to be confined 'till their proper Superior Officers shall be acquainted there- with, & whoever shall refuse to obey such Officer, though of an


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Inferior rank, or shall draw his sword, or lift up any weapon against him, shall be punished, at the discretion of a Court Martial.


13th. " If any inferior Officer or Private shall think himself wronged by the Commander of the Boat to which he belongs, he may apply to the Commander-in-Chief, who is to redress his grievance.


14th. " All Officers shall take Rank from the date of their Com- missions.


15th. " All Ships and other Vessells, and their Cargoes, ammu- nition, Artillery, cloathing, or other articles taken from the enemy, shall be disposed of or distributed as the Provincial Assembly shall hereafter think proper.


16th. " If any Officer or Private shall commit any crime deserv- ing punishment, he shall by his commanding officer be put under arrest if an officer, or if a non-commission'd Officer or Private, be put in confinement, till he shall be tried by a Court Martial or dis- charg'd by proper authority.


17th. " If any Officer under arrest shall leave his confinement before he is set at liberty by the Officer who confined him, or by proper authority, he shall be cashier'd.


18th. " Any Officer who shall presume to discharge any Pri- soner committed to his charge without proper authority for so doing, or shall suffer any prisoner to escape, shall be punished, at the discfe- tion of a Court Martial.


19th. "If any commission'd Officer shall be convicted before a Court Martial of behaving in a scandalous, infamous, cruel, op- pressive or fraudulent manner, unbecoming the character of an Of- ficer, he shall be dismiss'd from the Service.


20th. " All Crimes not Capital, and all disorders and neglect which officers and privates may be guilty of, to the prejudice of good order and Military discipline, though not mention'd in these articles, shall be taken notice of by a Court Martial, and punished, according to the nature of the Offence.


21st. "No Person to be sentenced by a Court Martial to suffer Death, except in the cases expressly mention'd in the foregoing ar- ticles, nor shall any other punishment be inflicted, at the discretion of a court martial, other than degrading, cashiering, drumming out of the fleet, whipping, not exceeding thirty-nine Lashes, fine, not exceeding two months pay, and imprisonment, not exceeding one month.


22nd. " The Commanding Officer of each Boat shall appoint some suitable person to receive all such fines as may arise within the same, for breach of any of these articles, which fines shall be accounted for to the assembly or Committee of Safety, and by them be appropriated for the relief of the maimed and disabled in the Service, and the Support of the widows and families of such as may be killed.


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23rd. "No Court Martial for the trial of offences under the de- . gree of Capital, shall consist of less than five Officers, except in cases where that number cannot be conveniently assembled, when three may be sufficient, who are to determine on the sentence by a Majority of Voices, and in all trials for Capital Offences, the Court Martial shall be composed of thirteen Officers, and the Sentence be determined by at least two-thirds.


24th. " All Persons belonging to the Boats, called as Witnesses in any case before a Court Martial, who shall refuse to attend and give evidence, shall be punished, at the discretion of a Court Mar- tial.


25th. " All Members of a Court Martial are to behave with Calmness, decency and impartiality, and in giving their Votes, are to begin with the youngest or lowest in Commission, and all Offi- cers of different Boats are to rank in Court Martial according to their Commissions.


26th. " All Members sitting in a Court Martial, shall be sworn or affirmed by the president of said Court, which president shall him- self be sworn or affirmed by the Officer next in Rank in said Court, the Oath or affirmation to be administer'd previous to their proceed- ing to the trial of any offender, in form following, viz. : 'You, A. B., Swear or affirm that you will well and truly try, and impar- tially determine the cause of the Prisoner now to be tried, accord- ing to the Rules framed for the Regulation of the Pennsylvania Fleet, (if an oath add,) so help you God.'


27th. " The President of the Court Martial shall administer the following Oath or affirmation to all persons called to give evidence : ' You Swear or affirm that the evidence you shall give in the cause now trying, shall be the truth, the whole truth, and nothing but the truth (if an oath add,) so help you God.'


28th. " No Person shall suffer Death, agreeable to the Sentence of a Court Martial, (except in the cases mention'd in the 5th Arti- cle), till the Sentence is confirmed by the assembly, or in their re- cess by the Committee of Safety.


29th. "The Commander of each Boat shall, in the begining of every month, make a faithful return to the Committee of Safety, of the Men employed in his Boat, to be sign'd by himself, and upon being convicted of having made a false return, shall be discharged from the service, and if he neglect to make a return within the month, shall be fined, at the discretion of said Committee.


30th. "No Officer or Private shall be tried a second time for the same offence."


We, the underwritten, having seen and distinctly heard the fore- going Articles read, and fully understanding the contents thereof, Do freely and Voluntarily subject ourselves to all and every of the Rules, Regulations, and restrictions therein contained. In Witness whereof, we hereunto subscribe our names.




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