USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 37
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Capt. Dougherty attended this day, and acquainted the Board that agreeable to a Resolve of the 9th inst., the Captains had agreed to allow each good and able seamen fifteen Shillings as a Bounty for their entering into the Service on board the armed Boats, which Bounty is to be paid them one month after having been in the Ser- vice.
By Direction of this Board,
An order was this day drawn on Michael Hillegas, Esq'r., Treas- urer, in favour of Messrs. Thomas Wharton, John Nixon, & James Mease, Committee of Accounts, for the Sum of one thousand Pounds.
Resolved, That Alexander Wilcocks, Andrew Allen, James Bid- dle, & Owen Biddle, be a committee to Revise and correct the Min- utes of this Board, in order to their being transcribed fairly in the Minute Book.
Resolved, That Messrs. Robert White & Mr. Samuel Morris be a Committee to direct the building of the Shed on Fort Island, agreeable to the Resolve of the 23rd inst., and to repair such Buil- dings as may be already erected on the Island, that may be made suitable to the accommodation of the Soldiers and Sailors.
George Ross, Esq'r., sent to this Board the following Resolve of Congress, which is directed to be put on the Minutes of this Com- mittee, Vizt. :
" In Congress, 26th October, 1775.
" Resolved, That it be recommended to the several Provincial Assemblies, Conventions or Councils of Safety of the United Colo- nies, to export to the Foreign West Indias, on account and Risque of their respective Colonies, as much Provision, or any other pro- duce except Horned cattle, Sheep, Hogs, and Poultry, as they may deem necessary for the importation of Arms, Ammunition, Sul- phur & Salt Petre.
" A copy from the Minutes.
"Signed, CHA'S. THOMSON, Sect'y.
Capt. Duncan Campbell, Lieut. Symes, and twenty-three Private Soldiers, part of a Regiment about to be raised in the Ministerial VOL. X .- 25.
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Service, on their Voyage from Boston to New York, on Board the Ship Rebecca & Francis, Capt. Hastings, (by the said Ship's being Stranded on Brigantine Beach on the New Jersey Shore,) were taken Prisoners by the People of Jersey, and brought to this City, and, after having seperately examined the said officers and many of the Privates, it appears to this board that they have acted, and intended further to act, a part inimical to the Liberties of America ; Therefore, it was thought proper by this Board, to transmit the said examinations to the Honorable the Continental Congress, and re- quest they would determine thereon, in consequence of which requi- sition George Ross, Esq'r., produced from the Congress the follow- ing Resolve :
"In Congress, October 28th, 1775.
" Resolved, That Capt. D. Campbell & Lieu't. Symes, and the Men who came with them in the Transport Rebecca & Francis, be confined in such Gaols in this Colony as the Committee of Safety of said Colony think proper, and that the said Capt. Campbell & Lieutenant Symes, be allowed for their Subsistance one and one third dollar each # Week, and the Men one Dollar + Week each, to be paid out of the Continental Treasury.
"A true Copy from the Minutes.
Signed, CHA'S. THOMSON, Sect'y.
Agreeable to the above determination of Congress; It is,
Resolved, That the said Capt. Campbel & Lieut. Symes, be con- fined in the Goal of the City and County of Philadelphia, and that they be kept apart from the rest of the Prisoners; that they be not permitted to have the use of Pen, Ink or Paper, and that no Person whatever be permitted to speak to them or either of them, but in the presence of some Member of this Committee, or some other Person authorised by a Member of this Committee in writing.
The following Commitment being drawn up and signed by the Vice President, was deliver'd to Mr. Cadwalader & Mr. Nixon, who were desired to acquaint the officers of the determination of Congress, and to deliver the said Commitment to the officer of the Guard over the Prisoners, and desire him to deliver them into the Custody of the Gaoler of this County. .
"In Committee of Safety," "PHILA'D. 30th October, 1775.
" Whereas, the Honorable the Continental Congress did, on the twenty Eighth day of October, Instant, Resolve that Capt. Duncan Campbell and Lieutenant Symes, and the Men who Came with them in the Transport Rebecca & Francis, be Confined in such Gaols in
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COUNCIL OF SAFETY.
this Colony as the Committee of Safety of said Colony think proper, and that the said Capt. Campbel and Lieut. Symes be allowed for their Subsistance, one and one-third Doller each per week, and the Men one Doller per week each, to be paid out of the Continental Treasury. And the Committee of Safety having taken the said Resolve into Consideration, this Day have determined that the said Duncan Campbel, Lieutenant Symes, and the Men who came with them as aforesaid, be Committed to the Gaol of the City and County of Philadelphia, there to be confined until this Board shall further determine therein. These are, therefore, to require you to receive into your Custody and Strictly Confine in the said Gaol the aforesaid Capt. Duncan Campbel & Lieut. Symes. And them safely keep, without Pen, Ink and Paper, apart from the rest of your Prison- ers, and that you permit no person whatever to speak to them or either of them, but in the presence of some member of this Com- mittee, or some other Person authorized by a Member of this Com- mittee in writing, and hereof you are not to fail, at your Peril. "By order of the Committee,
"Signed, ROBERT MORRIS, Vice Presid't. "To the Keeper of the Common Gaol of the City and County of Philadelphia."
October 31st .- At a Meeting of the Committee of Safety.
PRESENT :
Alexander Wilcocks,
Owen Biddle,
John Cadwallader,
George Clymer,
Daniel Roberdeau,
John Nixon,
James Mease,
Thomas Wharton, jun.
November 1st, 1775 .- Ata Meeting of the Committee of Safety. PRESENT :
Robert Morris, George Clymer,
Barnard Dougherty,
Daniel Roberdeau,
John Cadwalader, Samuel Miles,
ยท James Mease,
Owen Biddle.
John Nixon.
Resolved, That Colo. Cadwalader & Mr. Clymer, be a Commit- tee to draw up a Memorial to Congress, respecting the case of Lieutenant Symes, who prays for permission to go to the Camp of General Washington, to wait there for an Exchange of Prisoners.
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November 2nd .- At a Meeting of the Committee of Safety.
PRESENT :
Robert Morris,
John Montgomery,
George Clymer,
Samuel Howell,
James Mease,
Daniel Roberdeau,
Owen Biddle,
Barnard Dougherty,
Samuel Morris, jun'r.
James Biddle,
Andrew 'Allen,
Alexander Wilcocks,
Samuel Miles,
John Cadwalader.
Robert Morris, Esq., acquaints this Board, that he made appli- cation to the Assembly for the Barracks being put in proper order for the reception of the Troops now Raising, And that in conse- quence thereof, the House has given orders to the Barrack Master to see the same done immediately, and to obey such orders as this Committee may issue to him from time to time as Barrack Master.
By order of the Board, an order was Drawn on Michael Hilligas, Esq'r, in favour of Mr. John Maxwell Nesbitt, Paymaster to the Fleet, for five hundred pounds.
Upon Report of Mr. Samuel Morris, jun'r., That the inside of the Fort on Fort Island, is an improper place for errecting a shed for defending the People from the inclemency of the weather.
Therefore, Resolved, That Mr. Robert White and Mr. Samuel Morris, jun'r., Repair any Buildings that may be on the Island, and errect such others as may be found necessary, And that they employ a sufficient number of hands to throw up a Bank and Build a small pier at the upper end of Fort Island, for the purpose of sending with more speed any succours that there may be occasion for at the Island from the main.
The four following Soldiers, taken Prisoners with Capt. Campbel, now in the Gaol of this County, were ordered by this Board to be removed to the Work House, vizt : Edward Mulloy, Robert Cole- brooke, John O'Neill and Joseph Taylor.
The Board informed the Gaoler and the Work House keeper of the City and County of Philadelphia, That Capt. Campbel and Lieut. Symes, were allowed, by the Continental Congress, One Doller and one-third of a Doller per week for their Subsistance, and one Doller per week for the Soldiers taken with Capt. Campbel, and that no greater sum will be allowed them.
Doct'r. Duffield Reports his having been down to Province Island and examined the Pest House, and finds it is in good order, and pro- vided with Beds and other necessarys sufficient for the accommo- dation of Forty Sick Men.
Agreeable to a Resolve of Yesterday, Colo. Cadwalader & Mr. Clymer, drew up the following memorial, which was approved of, and signed by the Vice President :
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COUNCIL OF SAFETY.
"To the Honorable the Continental Congress ; The Memorial of the Committee of Safety For the Province of Pennsylvania, Sheweth :
"That this Committee, having carried into Execution the sentence passed by Congress against Capt. Campbel, Lieut. Symes, and the Several Soldiers under their Command, by putting them into con- finement in the Gaol and Work House of this City, they now beg leave to offer to the Congress, at the instance and request of Lieut. Symes, the Reasons on which he grounds his pretensions to be con- sidered and treated as a Prisoner of War.
"That he came from England to Boston, in the capacity of an army Surgeon, and afterwards was Commissioned as an officer in the Regiment of Royal Highland Emigrants.
" That being order'd on board the Transport Rebecca & Francis, & placed under the absolute direction of Capt. Campbel, whom he before had never seen or heard of, he was Ignorant of the Nature of the Service he was sent on, and of the instructions jointly issued by General Gage to him and Capt. Campbel, until some days after he was at sea.
"This Committee having examined into these circumstances, have reason to believe they are consistent with truth.
" Philadelphia, 1st November, 1775."
November 3d .- At a Meeting of the Committee of Safety.
PRESENT :
Robert Morris,
Daniel Roberdeau,
Andrew Allen,
Samuel Miles,
Samuel Howell,
George Clymer,
John Montgomery,
Samuel Morris, jun.,
James Mease,
Thomas Wharton, jun.,
George Ross,
Bernard Dougherty,
John Nixon,
James Biddle.
Resolved, That Mr. Miles & Mr. Dougherty deliver to Joseph Fox, Esq., Barrack Master, the following order of Assembly, for repairing the Barracks and providing necessaries for quartering the 'Troops, vizt :
"In Assembly, November 1st., 1775.
" Upon Motion,
" Ordered, That the Barrack Master do forthwith put the Bar- racks near this City into proper repair for receiving the Troops now raising in this Province, and that the said Barrack Master do in future receive and Comply with such orders from the Committee of Safety as they may find necessary to Issue, for quartering Troops in the said Barracks.
" Signed, CH'S MOORE, Cl'k Ass'y."
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That they enquire when the Barracks will be in readiness for the reception of the Troops, likewise what Number of Firelocks are made for this County.
Resolved, as the opinion of this Board, that it is necessary to take some further Measures for the defence of this city than are already provided, & That Mr. Wharton, Mr. Clymer, Mr. Howell, & Mr. Nixon, be a Committee to enquire and to report to this Board if a Ship can be immediately bought, fit for a Provincial Ship of War, or how soon and at what Price such a Ship can be built.
Mr. Samuel Morris, jun'r, & Mr. Robert White, are directed to provide Logs and Plank to build a Third Tier of Chevaux-de- Frize.
Upon application of Capt. Procter, the following order was de- liver'd him :
"In Committee of Safety.
" PHILADELPHIA, 3d November, 1775. " Sir :
" You will please to admit Capt. Thomas Procter, with his Com- pany of Artillery, into the Barracks, and furnish him with the Bed- ding late belonging to the Royal Artillery Company, and with what other necessarys belonging to the Province, for their accommoda- tion, that you may have in your power to supply him with.
" By order of the Committee,
" Signed, ROB'T MORRIS, vice Presid't. " To JOSEPH Fox, Esq'r, Barrack Master."
November 6th .- At a Meeting of the Committee of Safety.
PRESENT :
Robert Morris,
Michael Swoope,
John Nixon, Thomas Wharton, jun'r.
Samuel Howell, James Mease,
Barnard Dougherty,
John Cadwalader,
James Biddle,
Daniel Roberdeau,
John Montgomery,
Alexander Wilcocks,
George Clymer,
George Gray,
Robert White, Andrew Allen,
Owen Biddle.
Mr. Dougherty Reports his having deliver'd the order of Assem- bly to Jos. Fox, Esq'r, Barrack Master, for repairing the Barracks ; That the Barrack Master expected they would be ready for the Re- ception of the Troops in about 10 days ; that he supposed there would be Six Muskets finish'd by Saturday next.
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COUNCIL OF SAFETY.
George Hastings, late Commander of the Ship Rebecca & Francis, being desirous to go to the wreck of said Vessell, now laying on Brig- antine Beach, We do hereby certify that the said Commander has been examined by the Committee of Safety of this Province, and regularly discharged. The Articles for the artillery were this day compleated, agreed to, and are as follows, vizt :
" In Committee of Safety for Pennsylvania-Rules and Regula- tions for the Artillery Company.
" WHEREAS, a Company of Artillery being necessary for the De- fence of this Colony, the Committee of Safety have, therefore,
" Resolved, to take into pay one Captain, one Lieutenant, one Fife, one Drum, with Twenty-Five Privates, for that service, who are to be Subject to the following Rules and Regulations, viz't:
1. " All Officers and Privates, belonging to the said Company, who Shall be guilty of profane oaths, cursing, Drunkeness, or other scandalous actions, shall incur such punishment as the nature and degree of the offence shall deserve, at the discretion of a Court Martial.
2. " 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- have himself with contempt or disrespect to him, them, or either of them, being in the execution of their office, shall be punish'd accord- ing to the nature of his offence, at the discretion of a Court Mar- tial.
3. " If any person in, or belonging to the Artillery Company, shall raise, or endeavor 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.
4. " Any Officer or Private who shall, without leave of his Commanding officer, absent himself from the Company, 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.
5. " Every person in time of action, who shall Mutiny, 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 endeavor to persuade or deter others from doing their duty at such times, Shall Suffer Death.
6. " 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.
7. " Any officer or private who shall be convicted of holding any correspondence with, or giving intelligence to the Enemy, either
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directly or indirectly, Shall Suffer Death, or such punishment as shall be order'd by a Court Martial.
8. "Every officer or private, who shall be convicted of having designedly or carelessly wasted or embezzled the ammunition, arms, Stores, or Provisions, with which they are entrusted for the Public, shall suffer such punishment as a Court Martial shall think proper for the offence.
9. " Whatever officer shall be found Drunk on Guard or under arms, Shall be Cashier'd, and any private so offending, shall be pun- ished at the discretion of a Court Martial.
10. "No person in, or belonging to the said Artillery Company, shall sleep upon his watch, or forsake his post, on pain of such pun- ishment as a Court Martial shall think fit to impose.
11. " 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.
12. " All officers, of what condition soever, belonging either to the Artillery Company or the Provincial Armed Boats, shall have . power to part and quell all quarrels, affrays, and disorders, amongst .or between any sailors or Soldiers in the pay of this Province, and order officers to be arrested, and non-Commission'd officers or pri- vates to be confined, 'til their superior officers shall be acquainted therewith, and whoever shall refuse to obey such officer, though of an inferior rank, or shall draw his sword, or lift up any weapon against him, shall be punished at the discretion of a Court Martial.
13. " If any officer or Private shall think himself wronged by his Commanding officer, he may apply to the Committee of Safety, who will redress his grievance.
14. " The Captain of the said Artillery Company shall Rank with the Captains of our armed Boats, according to the Dates of their respective Commissions, and the Lieutenants of said Company shall have rank with the first Lieutenants of the said Boats in like manner, according to the date of their respective Commissions.
15. " All Ships and other vessels and their cargoes, ammunition, artillery, Clothing, or other articles taken from the Enemy, shall be disposed of or distributed as the Provincial Assembly shall here- after think proper.
16. " If any officer or private shall commit any Crime deserving punishment, he shall by his Commanding Officer be put under ar- rest, if an officer; or if a non-commission'd officer or Private, be put in confinement until he shall be tried by a Court Martial, or discharged by proper Authority.
17. " If any officer under arrest shall leave his confinement be- fore he is set at liberty by the officer who confined him, or by proper authority, he shall be Cashier'd.
18. " Any officer who shall presume to discharge any Prisoner committed to his charge without proper authority for so doing, or
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COUNCIL OF SAFETY.
shall suffer any prisoner to escape, shall be punished at the discre- tion of a Court Martial.
19. "If any Commission'd officer shall be convicted before a Court Martial of behaving in a Scandalous, infamous, cruel, oppressive or fraudulent manner, unbecoming the character of an officer, he shall be Dismissed from the Service.
20. " All crimes not capital, and all disorders and neglect which officers and Privates may be guilty of, to the prejudice of good order & 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.
. 21. " No Person to be sentenc'd 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 Company, fine not exceeding two month's pay, and imprison- ment not exceeding one month.
22. "The Captain of our said Company of Artillery shall ap- point 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 Asssembly or Committee of Safety, and by them to 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.
23. " Courts Martial may be composed of Commission'd officers from our armed Boats, in conjunction with any of the officers of our Artillery Company, who shall have power to hear and deter- mine all causes agreeable to these articles.
24. "No Court Martial for the trial of offences under the degree of Capital shall consist of Less than five officers, except in cases where that number cannot be conveniently assembled, when there may be sufficient, who are to determine on the Sentence by a Ma- jority 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.
25. " All persons belonging to our Boats or cur Artillery Com- pany, 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 Martial.
26. " All Members of a Court Martial are to behave with calm- ness, decency and impartiality; and in giving their votes, are to be- gin with the youngest or lowest in Commission, and all officers are to Rank in Court Martials according to their Commissions.
27. " 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 pro- ceeding to the trial of any offender, in form following, viz't .: "You
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" A. B, swear or affirm, that you will well and truly try, and im- " partially determine the Cause of the Prisoner now to be tried, ac- " cording to the Rules framed for the Regulations of the Pennsyl- " vania Artillery Company, (if an Oath, add.) so help you God."
28. " 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.'
29. " No Person shall suffer Death, agreeable to the Sentence of a Court Martial (except in the cases mention'd in the 5th Article,) until the Sentence is confirmed by the Assembly, or in their recess, by the Committee of Safety.
30. "The Captain of the said Artillery Company shall, in the be- gining of every month, make a faithful return to the Committee of Safety of the Men in his Company, to be signed by himself ; and upon being convicted of having made a false return, shall be dis- charged from the Service ; and if he neglect to make a return with- in the month, shall be fined, at the discretion of said Committee.
31. "No officer or private shall be tried a second time for the same offence.
32. " And for the Encouragement of good and able bodied Men to enter into the said Artillery Company, the Committee of Safety have resolv'd to pay to the Captain of the said Company Twenty Dollers $ month, to the Lieutenant Fourteen Dollers $ month, and to each Private, Fife and Drum, Six Dollers # month, with the same allowance of Provisions and Liquor as order'd for the Armed Boats.
"We, the underwritten, having seen and distinctly heard the the foregoing articles Read, and fully understanding the contents thereof, Do freely and Voluntarily Subject ourselves to all and eve- ry of the Rules, Regulations and Restrictions therein contained. In Witness whereof we hereunto subscribe our Names.
" PHILADELPHIA, November 6th, 1775."
Resolved, That Capt. Proctor be supplyed by the Master at Arms with the firelocks furnish'd by Colo. Cadwalader, now on Board the Armed Boats, taking his receipts for the same ; and that the Master at Arms replace the number of Firelocks taken from on Board the Boats as soon as Possible.
That he appoint the necessary non-Commission'd Officers of his Company, they serving for the Common Pay.
That he may order his Men to the Barracks immediately.
That Robert Towers supply him with Six Cannon, with Carriages and every other necessary for them.
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COUNCIL OF SAFETY.
November 7th .- At a Meeting of the Committee of Safety.
PRESENT :
Robert Morris,
John Nixon,
George Gray,
Samuel Miles,
Samuel Howell,
Samuel Morris, Jun'r,
George Clymer,
John Cadwalader,
Daniel Roberdeau,
Thomas Wharton, jun.,
James Biddle,
Owen Biddle,
Andrew Allen,
Resolved, That Samuel Howell & Colo. Cadwalader be a Com- mittee to purchase some powder, now in Reading, from Jonathan Potts, Esq'r.
Upon application of Andrew Allen, Esq'r, from the Continental Congress to this Board, for a quantity of Gun Powder,
Resolved, That this Board furnish the Congress with five hun- dred Pounds of Gun Powder, and that Robert Morris, Esq'r, give. an order for the same.
Resolved. That the Committee of accounts, joined with Mr. Gray and Mr. Miles, be a Committee for borrowing the Sum of ten thou- sand Pounds, for the use of this Province, and that the Board will give their Bond for the same.
Resolved, That Colo. Roberdeau, Colo. Cadwalader, & Colo. Nixon, be a Committee to inquire what Services the Master at arms has done; To know if such an officer is necessary to the armed Boats, and if the present one is sufficient to the appointment; That they draw up Instructions for his Government.
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