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PUBLIC RECORDS
OF THB
COLONY OF CONNECTICUT,
FBOM OOTOBEB, 1772, TO AFSIL, 1776, nfOLUSIVE.
TRANSCBIBED AND EDITBD IN ACOOKDANCB WITH A RESOLUTION OF THB
OBNERAL AB8EHBLT,
By CHARLES J. HOADLY,
BTATB LTBRARIAN.
HARTFORD : Pbbss of The Case, Lookwood & Brainard Cohfant,
1887.
STANFOPo
LIBRARY
/?//3//y/
PREFACE.
The record of eight sessions of the General Assembly is in this book.
Of neither branch of the legislature are the Journals for this period preserved in our archives: nor do they exist, so far as the editor is aware.
The Journal of the (Governor and Council after October, 1773, is not extant. So much of that journal from October, 1772, to October, 1773, as is preserved is printed in this volume, but it is of slight interest. It is much to be regretted that the Council Journal and the Journal of the House of Representatives for the period approaching the Revolution should be lost.
In the Appendix are reprinted four pamphlets which were pub- lished by authority:
I. The Susquehannah Case, sufficiently described in a note at page 161 of this volume.
II. Report of the Commissioners appointed by the General Assembly of this Colony to treat with the Proprietaries of Penn- sylvania respecting the Boundaries of this Colony and of that Province. Norwich: Printed by Green & Spooner, 1774.
This is a pamphlet of thirty-seven pages, small quarto. It has been described in various catalogues as having tliirty-six pages, for the last leaf is wanting in most of the few remaining copies. Timothy Green's bill for printing two hundred copies, five and a quarter sheets, is in our archives, Finance & Currency ^ V, doc. 117. The correspondence between the Commissioners and Governor Penn, in this pamphlet, is also printed in Pennsylvania Colonial Records^ vol. x, and Pennsylvania Archives^ vol. iv.
III. An Account of the Number of Inhabitants in the Colony of Connecticut, January 1, 1774. Together with an Account of the Number of Inhabitants, taken January 1, 1756. Published by order of the General Assembly. Hartford: Printed by Ebe- nezer Watson, 1774.
This is a folio of nine leaves, each printed only on one side. Watson's bill for the printing, £29 17 9, is in Revolutionary War,
4 PREFACE.
I, 201. He made a discount of £3 "for the liberty of the copy," but the General Assembly, it seems, thought his charge excessive.
IV. Heads of Inquiry relative to the Present State and Con- dition of His Majesty's Colony of Connecticut, signified by His Majesty's Secretary of State in his Letter of the 6th July, 1773; with the Answers thereto. New London: Printed by T. Green, Printer to the Governor and Company, 1776.
This is a small folio of fifteen pages. Six hundred copies were ordered to be printed.
State Library, Hartford, C. J. H.
March 4th, 1887.
TUE PUBLIC RECORDS
OP THE
COLONY OF COMECTICUT.
[Volume XL, Page 149.]
Anno Regni Regis Q-eorgii tertii diiodeeimo. At a General Assembly op the Governor and Company OF THE English Colony op Connecticut in New England IN America holden at New Haven in said Colony on the second Thursday op October (being the seventh ♦ day of said month) and continued by several adjourn- ments to the thirtieth day of the same month, annoque
DOMLNI 1772.
• Present :
The Honorable Jonathan Trumbull, Esq% Governor.
The Honorable Mathew Griswold, Esq% Deputy Q-ovemor. Hezekiah Huntington, Esq*", Roger Sherman, Esq% ^
Shubael Conant, Esq"", Abraham Davenport, Esq"",
Elisha Sheldon, Esq', Wm. Samuel Johnson, Esq',
Eliphalet Dyer, Esq', Joseph Spencer, Esq',
Jabez Huntington, Esq', Oliver Wolcott, Esq', William Pitkin, Esq', j
Representatives or Deputies of the Freemen of the several
Totvns are as follow^ viz : Colo. John Pitkin, Mr. Benjamin Payne, for Hartford. Capt. Josiah Bissell, Capt. Josiah Phelps, for Windsor. Capt. Jonath° Humphry,' Capt. Judah Holcomb, for Symsbury. Capt. Isaac Pinney, Mr. Joshua Puller, for Stafford. Capt. Joel White, Capt. Benja. Talcott, for Bolton. Maj' Henry Champion, Mr. Daniel Foot, for Colchester.
00
* So in the record. However, the second Thursday in October came on the eighth in 1772.
2 PUBLIC RECORDS [Octobcr,
Jabez Hamlin, Esq*", Mr. Richard Alsop, for Midletown.
Colo. John Strong, Capt. Fisher Gay, for Parmington.
Mr. Edward Collins, ilr. Samuel Pease, for Enfield.
Mr. Reuben Sikes, Mr. Zerah Kibbee, for Somers.
Capt. Abner Barker, Mr. Elijah Fenton, for Willington.
Mr. Ebenezer White, Mr. Silas Dunham, for Chatham.
[160] Capt. Samuel Chapman, Mr. Elisha Steel, for Tolland.
Capt. Thomas Belding, Mr. Silas Dean, for Weathersficld.
Mr. Alexander King, Mr. Gideon Granger, for Suflield.
Capt. Obediah Horsford, Capt. David Barber, for Hebron.
Colo. Hez** Brainerd, Capt. Thomas Selden, for Hadam.
Maj"^ Erastus Wolcott, Capt. Charles Elsworth, for East Windsor.
Mr. Daniel Brainerd, Capt. Dyer Throop, for East Hadam.
Mr. John Kimberly, Capt. Jonath" Wells, for Glastonbury.
Mr. James H. [8ic'\ Hilhouse, Mr. Samuel Bishop, for New Haven.
Mr. Samuel Brown, Capt. Andrew Ward, for Guilford.
Mr. Joseph Hall, jun*", Capt. John Wooster, for Derby.
Maj' William Gould, Mr. Edward Russell, for Branford.
Benjamin Hall, Esq"*,* Capt. Macock Ward, for Wallingford.
Colo. Elihu Chauncey, Capt. James Wadsworth, for Durham.
Capt. John Fowler, Maj*^ David Baldwin, for Milford.
Mr. Joseph Hopkins, Capt. Timothy Judd, for Waterbury.
Gurdon Saltonstall, Esq**, Mr. William Hilhouse, for New London.
Mr. Isaac Tracy, Mr. Rufus Lathrop, for Norwicl\»
Maj^ Charles Phelps, Capt. Daniel Fish, for Stonington.
Mr. Jonathan Brewster, Mr. Benjamin Coit, for Preston.
Maj"^ Samuel H. Parsons, Mr. John Lay 2d, for Lyme.
Mr. Nathan Gallop, for Groton.
Mr. Stephen Chalker, for Say brook.
Capt. Elnathan Stephens, Mr. Stephen Wilcox, for Killing- worth.
Ebenezer Silliman, Esq% David Burr, Esq% for Fairfield.
Hon^**' Thomas Fitch, p]sq', Mr. Thomas Belding, for Norwalk.
Capt. James Potter, Mr. Alex*" Fairchild,for New Fairfield.
Maj' Charles Webb, Mr. Benja. Weed, for Stanford.
Maj"^ John Chandler, Capt. Henry Glover, for Newtown.
Capt. Robert Fairchild, Capt. Thcophilus Nichols, for Strat- ford.
Colo. Joseph Piatt Cook, Capt. Daniel Taylor, for Danbury.
♦This was the last appearnnce of Mr. Hall in public life. Ho died at Cheshire Jan. 3d, 1773, in his 69th year. His widow married Ebenezer Silliman, Esq., the next July.
1772.] OP CONNECTICUT. 8
Capt. John Mead, Mr. Amos Mead, for Greenwich.
Mr. Hezekiah Sanford, for Redding.
Colo. Philip B. Bradley, Mr. Samuel Olmsted, for Ridgfield.
Capt. Jabez Huntington, Mr. Jacob Simons, for Windham.
Colo. William Williams, Mr. Beriah Southworth, for Lebanon.
Mr. Samuel Gordon, Mr. Samuel Stewart, for Voluntown.
Capt. Ebenezer Kingsbury, Mr. Phineas Strong, for Coventry.
Capt. John Douglass, Capt. Isaac Coit, for Plainfield.
Colo. Jabez Fitch, Mr. David Payne, for Canterbury.
Mr. Constant Southworth, Mr. Edward Freeman, for Mans- field.
Capt. Elisha Child, Mr. Jedediah Morse, for Woodstock.
Mr. Ezra Smith, Capt. Jedediah Fay, for Ashford.
Colo. Ebenez"^- Williams, Mr. Thomas Williams, for Pomf ret.
Mr. Bryant Brown, Mr. Edward Adams, for Killingley.
Capt. John Marsh, Mr. Jedediah Strong, for Litchfield.
Mr. Daniel Sherman, Capt. Increase Mosely, for Woodbury.
Colo. Bushnel Bostwick, Capt. Samuel Canfield, for New Milford.
Colo. John Williams, Mr. Simeon Smith, for Sharon.
Mr. Ephraim Hubbel j^, Capt. Justus Sackett, for Kent.
[151] Capt. Ebenezer Norton, Capt. Edmund Beach, for Goshen.
Mr. John Cook, Mr. Ephraim Bancroft, for Torrington.
Mr. Joshua Porter, Capt. James Landon, for Salisbury.
Mr. Heman Swift, Capt. Thomas Porter, for Cornwall.
Mr. Elisha Baker, Capt. John Ensign, for Canaan.
Maj"^ Abijah Catlin, Mr. Ashbel Skinner, for Harwington.
Capt. Abel Merrclls, Mr. Seth Smith, for New Hartford. Jabez Hamlin, Esq% Speaker, ) of the House of William Williams, Esq*", Clerk, | Representatives.
An Act in Addition to the Law of this Colony entituled An Act for form- ingr and regrulatingr the Militia and for the Encouragrement of Military Skin for the better Defence of this Colony.
Be it enacted by the Governor^ Council and Representatives^ in General Court assembled, and by the authority of the same, That all and every warrant or warrants that shall hereafter be issued and granted out against any person or persons, for any fine or fines for neglecting or not attending military duty, shall be issued against the body of such delinquent as well as against his personal estate ; and the body or bodies of such delinquent or delinquents shall and may be by force of such warrant committed to and held in goal until such delinquent shall pay and satisfy such fine or fines, as in cases of execu- tion for debt.
And be it further enacted by the authority aforesaid. That, for the future, no person shall be compelled to serve as a private
4 PUBLIC RECORDS [Octobcr,
centinel in the militia after he has arrived to the age of forty- five years.
And be it further enacted hy the authority aforesaid^ That the two last paragraphs of the law of this Colony entituled An act for explanation and alteration of the law of this Colony entituled An act for forming and regulating the militia and for the encouragement of military skill for the better defence of this Colony,* be repealed, and the same are hereby repealed and made null and void.
An Act for preventing' and punishingr the Stealiner of Horses.^ Be it enacted by the Governor^ Council and Representatives^
in General Court assembled^ and by the authority of the same^ That whoever shall steal any horse within this Colony, and be thereof duly convicted, shall pay and satisfy to the owner of such horse treble the value thereof, and also pay as a fine to the Colony treasury the sum of ten pounds, and be further punished by being publickly whipped on the naked body not exceeding fifteen stripes, ajul be confined in a work-house or house of correction, not exceeding three months ; there to bo kept at hard labour, and be further whipped on the first Mon- day of each month, not exceeding ten stripes each time ; and for want of estate wherewith to pay and satisfy such damages and fine, the court before whom such conviction is had may assign such delinquent in service, so long as they shall judge proper, to the party injured or his assigns, if he or they will accept thereof, or otherwise to any of his Majesty's subjects. And, to encourage the detectuig such offenders: Be it enacted by the authority aforesaid, That there shall ]152] be II paid out of the Colony treasury to the person de- fecting and prosecuting such thief to effect in any county court or sjiiperior court in this Colony his costs exjicnded in such prosecution, not exceeding six pounds.
An Act for preventing Vessels paflsing through the Rope Ferry (so caUed) in New London, in the Night Season.
Whereas travellers are frequently much retarded in their business by the ferry rope over the said ferry being carried away and the boat going adrift, by vessels passing through said ferry in the night season : Which to prevent.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same. That no slooj) or other vessel shall pass either up or down said river through said ferry place from six o'clock afternoon until six o'clock in the morning, between the first of October and the first of March annually ; nor from nine o'clock in the evening until five o'clock in the morning, between the
♦Passed October session, 1755, Vol. x, 410-11.
1772.] OP CONNECTICUT. 5
first of March and the first of October anniiallv, without giving notice to the ferryman one hour at least before such vessels shall attempt to pass through said ferry.
Be it further enacted by the authority aforesaid^ That if any master or other commander of any sloop or other vessel shall be guilty of a breach of this act, he shall forfeit and pay the sum of forty shillings for every such offence : one-half to the owner or proprietor of said ferry, the other half to the town treasury of New London.
Whereas there is strong reason to suspect that an atrocious murther has been committed at Saybrook in the county of New London, upon the body of one James Johnson, a transient person, by one James Sheelds or Sheels also a transient per- son : Resolved by this Assembly, that his Hon"" the Governor be desired, and he is hereby desired, to issue a proclamation ofl'ering a reward of thirty pounds for the apprehending the said Sheilds or Sheels, the said supposed murtherer, that he may be brought to justice.
This Assembly do hereby authorize and impovver Colo. Strong of Farmington, to make sale of two pieces of land situate in Farmington, belonging to this Colony, whereof be is to render an account to the Assembly in May next, and to make and execute deed or deeds for the passing said lands, which shall be good and autbentick in law.
Whereas there are sufficient funds provided for drawing in and discharging all the outstanding bills of credit of tiiis Colony at the respective periods fixed for that purpose : Resolved by this Assembly, that the Treasurer be, and ho is hereby, ordered and directed, to receive any of the bills of credit of this Colony in payment of the Colony rates, and to pay out any of the monies in the treasury in exchange for any of said bills tiiat are become due.
Tins Assembly do appoint William Samuel Johnson, Esq"", to be a Judge of the Superior Court of this Colony in the room of the late Robert Walker, Esq"", deceased.*
Whereas report hath been made to this Assembly that there is a debt due to (he Governor and Company of tliis Colony from the estate of Moses Mansfield, late of New Haven, deceas'd, which is accepted : Resolved by this Assem- bly, that James Abraham Hilhouse and Samuel Bishop, jun"", Esq''»,both of New Haven, be and they are hereby authorized and impowered, to recover the said debt for the use of this
*Mr. Walker was stricken with apoplexy, while at breakfast at his home in Stratford, on Monday, .July 13th, 1772, and expired in about fif- teen minutes. He was in his 6Ulh year, t'ouraat, Mo. 305.
6 PUBLIC RECORDS [October,
Colony, and to commence and prosecute any legal suit for that purpose.
[153] This Assembly appoints Joshua Porter, Esq% to be a Justice of Quorum in and for the county of Litchfield until the first day of June next.
This Assembly appoints David Burr, Esq"", to be Lieu- tenant Colonel of the fourth regiment of militia in this Colony.
This Assembly appoints William Samuel Johnson, Esq"^, to be Major of the fourth regiment of militia in this Colony.
This Assembly do establish Nathan Hine to be Lieutenant of the first company or trainband in the town of Woodbury.
This Assembly do establish John Smith to be Lieutenant of the 11th company or trainband in the seventh regiment in this Colony.
This Assembly do establish Richard Johnson to be Ensign of the 11th company or trainband in the seventh regiment in this Colony.
This Assembly do establish Samuel Lane to be Captain of the first company or trainband in the town of Salisbury.
This Assembly do establish Ebenezer Fletcher to be Lieu- tenant of the first company or trainband in the town of Salisbury.
This Assembly do establish Joshua Stanton to be Ensign of the first company or trainband in the town of Salisbury.
This Assembly do establish Nathaniel Johnson to be Cap- tain of the fourth company or trainband in the second regi- ment in this Colony.
Tliis Assembly do establish Oliver Curtiss to be Lieutenant of tlie fourth company or trainband in the second regiment in this Colony.
This Assembly do establish Nathan Pierson to be Ensign of tlie fourth company or trainband in the second regiment in this Colony.
This Assembly do establish Benjamin Birdseye to be Cornet of the troop of horse in the sixth regiment in this Colony.
This Assembly do establish Ozias Wilcox to be Quarter- Mastcr of the troop of horse iji the sixth regiment in this Colony.
This Assembly do establish Oliver Johnson to be Captain of the 18th company or trainband in the sixth regiment in this Colony.
This Assembly do establish David Tryon to be Lieutenant
1772.] OP CONNECTICUT. 7
of the 18th company or trainband in the sixth regiment in this Colony.
This Assembly do establish Ebenezer Sumner to be Ensign of the 18th company or trainband in the sixth regiment in this Colony.
This Assembly do establish Jacob Hazzin to be Captain of the seventh company or trainband in the town of Norwich.
This Assembly do establish Samuel Griswold to be Ensign of the seventh company or trainband in the town of Norwich.
This Assembly do establish Zacheus Gillet to be Captain of the third company or trainband in the town of Symsbury.
This Assembly do establish Joseph Cornish to be Lieuten- ant of the third company or trainband in the town of Symsbury.
This Assembly do establish Charles Bulkley to be Lieu- tenant of the troop of horse in the sixth regiment in this Colony.
This Assembly do establish John Birge to be Captain of the second company or trainband in the town of Torrington.
This Assembly do establish John Strong to be Lieutenant of the second company or trainband in the town of Torring- ton.
[154] This Assembly do establish Noah Fowler to be Cap- tain of the second company or trainband in the seventh regi- ment in this Colony.
This Assembly do establish Ebenezer Hopson to be Lieu- tenant of the second company or trainband in the seventh regiment in this Colony.
This Assembly do establish Increase Pendleton to be Ensign of the second company or trainband in the seventh regiment in this Colony.
This Assemblv do establish William Warner to be Lieu- tenant of the first company or trainband in the fifth regiment in this Colony.
This Assembly do establish Hezekiah Bisscll to be Ensign of the first company or trainband in the fifth regiment in this Colony.
This Assembly do establish James Fuller to be Captain of the 18th company or trainband in the 11th regiment in this Colony.
This Assembly do establish Samuel Chandler to be Lieu- tenant of the 18th company or trainband in the 11th regi- ment in this Colony.
This Assembly do establish Mark Elwell to be Ensign of
8 PUBLIC RECORDS [October,
the 18th company or trainband in the 11th regiment in this Colony.
This Assembly do establish Jonas Frink to be Captain of the second company or trainband in the town of Preston.
This Assembly do establish Joseph Boardman to be Lieu- tenant of the second company or trainband in the town of Preston.
This Assembly do establish Barton Cook to be Ensign of the second company or trainband in the town of Preston.
Tliis Assembly do establish Benjamin Morgan jun"^ to be Ensign of the fifth company or trainband in the town of Preston.
This Assembly do establisli Jabez Wright jun"^ to be Cap- tain of the fifth company or trainband in the town of Norwich.
This Assembly do establish Nathan Brewster to be Lieu- tenant of the fifth company or trainband in the town of Norwich.
This Assembly do establish Absalom Pride to be Ensign of the fifth company or trainband in the town of Norwich.
This Assembly do establish Peter Alcott to be Captain of the first company or trainband in the town of Bolton.
This Assembly do establish Matliew Loomiss to be Lieu- tenant of the first company or trainband in the town of Bolton.
This Assembly do establish Jarcd Cone to be Ensign of the first company or trainband in the town of Bolton.
This Assembly do establish Seth Gregory to be Ensign of the company or trainband in Stratfield in the fourth regi- ment in this Colony.
This Assembly do establish Hezekiah AVells to be Captain of the third company or trainband in the sixth regiment in this Colony.
This Assembly do establisli Chester Wells to be Lieuten- ant of the third company or trainband in the sixth regiment in this Colony.
This Assembly do establish John Hanmer to be Ensign of the third comi)any or trainband in the sixth regiment in this Colony.
Tliis Assembly do establish Job Wright to be Ensign of the fourth company or trainband in the seventh regiment in this Colony.
[155] This Assembly do establish Eleazer Mitchell to be Captain of the company or trainband in tlie society of South Britain in the town of Woodbury.
1772.] OP CONNECTICUT. 9
Tliis Assembly do establish Elijah Hinman to be Lieuten- ant of the company or trainband in the society of South Britain in the town of Woodbury.
This Assembly do establish David Pierce to be Ensign of the company or trainband in the society of South Britain in the town of Woodbury.
This Assembly do establish Thomas Wheeler to be Lieu- tenant of the fourth company or trainSand in the town of Stonington.
This Assembly do establish Ichabod Norton to be Captain of the 10th company or trainband in the 15th regiment in this Colony.
This Assembly do establish Barnabas Thomson to be Lieu- tenant of the loth company or trainband in the 15th regi- ment in this Colony.
This Assembly do establish Joseph Woodford jun' to be Ensign of the 10th company or trainband in the 15th regi- ment in this Colony.
This Assembly do establisli Benjamin Lyon to be Captain of the seventeenth company or trainband in the 11th regi- ment in this Colony.
This Assembly do establish Stephen Lyon to be Lieutenant of the seventeenth company or trainband in the 11th regi- ment in this Colony.
»
This Assembly do establish Peter Child to be Ensign of the seventeenth company or trainband in the 11th regiment in this Colony.
This Assembly do establish Benjamin Smith to be Lieuten- ant of the first company or trainband in the town of Ridgefield.
This Assembly do establish John Glover jun"" to be Cap- tain of the fifth company or trainband in the 16th regiment in this Colony.
This Assembly do establish Abel Botsford jun"" to be Lieu- tenant of the fifth company or trainband in the 16th regi- ment in this Colony.
This Assembly do establish William Hall to be Ensign of the fifth company or trainband in the 16tli regiment in this Colony.
This Assembly do establish Amos Main to be Captain of the third company or trainband in the town of Stonington.
This Assembly do establish Joshua Brown jun"" to be Lieu- tenant of the third company or trainband in the town of Stonington.
This Assembly do establish John York jun"" to be Ensign
10 COUNCIL JOURNAL. [October,
of the third company or trainband in the town of Stonington.
This Assembly do establish James Stedman to be Captain of the sixth company or trainband in the fifth regiment in this Colony.
This Assembly do establish Josiah Hammond to be Lieu- tenant of the sixth company or trainband in the fifth regi- ment in this Colony.
This Assembly do establish John Perkins to be Lieutenant of the company or trainband in the society of Hanover in the town of Norwich.
This Assembly do establish Thomas Adams to be Ensipn of the company or trainband in the society of Hanover in the town of Norwich.
This Assembly do establish Ezekiel Bradley to be Lieuten- ant of the 10th company or trainband in the 16th regiment in this Colony.
This Assembly do establish Richard Smith to be Ensign of the 10th company or trainband in the 16th regiment in this Colony.
[156] This Assembly do establish Hezekiah Hoi comb to be Captain of the 8th company or trainband in the town of Symsbury.
This Assembly do establish Ezekiel Phelps to be Lieuten- ant of the 8th company or trainband in the town of Syms- bury.
This Assembly do establish Joseph Alderman jun"" to be Ensign of the 8th company or trainband in the town of Symsbury.
This Assembly do establish George Benjamin to be Cap- tain of the first company or trainband in the town of Strat- ford.
This Assembly do establish Ebenezer Coe to be Lieu- tenant of the first company or trainband in the town of Stratford.
This Assembly do establish William Wells to be Ensign of the first company or trainband in the town of Stratford.
This Assembly do establish Hezekiah Griswold to be Captain of the third company or trainband in the town of Windsor.
This Assembly do establish Noah Griswold to be Lieu- tenant of the third company or trainband in the town of Windsor.
This Assembly do establish Return Jonathan Meigs to bo Lieutenant of the second company or trainband in the sixth regiment in this Colony.
1772.] OF CONNECTICUT. 11
This Assembly do establish John Wetmore to be Ensign of the second company or trainband in the sixth regiment in this Colony.
This Assembly do establish John Ventruss to be Ensign of the third company or trainband in the seventh regiment in this Colony.
This Assembly do establish David Gold to be Ensign of the third company or trainband in the town of Sharon.
This Assembly do establish Amos Chappel to be Captain of the fourth company or trainband in the town of Sharon.
This Assembly do establish Ephraim Marriner to be Lieu- tenant of the fourth company or trainband in the town of i^liaron.
This Assembly do establish Enoch Peirsons to be Ensign of the fourth company or trainband in the town of Sharon.
This Assembly do establish Joshua Dunlap to be Ensign of the eighth company or trainband in the 11th regiment in this Colony.
This Assembly do establish Isaac Chidsey to be Captain of the seventh company or trainband in the second regiment in this Colony.
Tliis Assembly do establish Israel Potter to be Ensign of the seventh company or trainband in the second regiment in this Colony.
This Assembly do establish Rezin Gridley to be Ensign of the 15th company or trainband in the 15th regiment in this Colony.
This Assembly do establish Joseph Hastings to be Captain of the troop of horse in the third regiment of this Colony.
This Assembly do establisli Andrew Lathrop to be Lieu- tenant of the troop of horsiB in the third regiment in this Colony.
This Assembly do establish Elisha Hall to be Lieutenant of the northeast company or trainband in the town of Wal- lingford.
This Assembly do establish Thomas Shepard to be Ensign of the northeast company or trainband in the town of Wal- lingford.
[157] This Assembly do establish David Leavenworth to be Lieutenant of the third company or trainband in the town of Woodbury.
This Assembly do establish Tille Blakley to be Ensign of the third company or trainband in the town of Woodbury.
This Assembly do establish Trueman Hinman to be Cap- tain of the south company or trainband in the town of Woodbury.
12 PUBLIC RECORDS [October,
Tins Assembly do establish Amos Hecox to be Lieutenant of the south company or trainband in the town of Woodbury.
This Assembly do establish Gideon Johnson to be Ensign of the south company or trainband in the town of Woodbury.
This Assembly do establish William Gaylord Hubbel to be Captain of the seventh company or trainband in the 16th regiment in this Colony.
This Assembly do establish Benjamin Pickett to be Lieu- tenant of the seventh company or trainband in the 16th regiment in this Colony.
This Assembly do establish John Leach to be Ensign of the seventh company or trainband in the 16th regiment in this Colony.
Whereas credible information has been given to this Assembly, that one Zebulon Culver, a lieutenant of the company in. the regiment in this Colony under the command of Capt. Roger Marsh, on the 13th day of October instant, being a publick training day for said company legally warned and convened, in a turbulent and contemptuous manner drew off part of said company and assumed the chief command over them, and with them did publickly disobey and insult his said Capt. Marsh his orders and authority, and in great contempt of the laws of this Colony regulating their militia <fec. : Whereupon this Assembly order and direct that a pre- cept be issued forth by the Secretary of this Colony imme- diately, to arrest the body of him the said Zebulon Culver, and him have before this Assembly, to answer to the said information and further be dealt with as to justice apper- tains, and that proper evidences be also cited to appear.
Whereas Zebulon Culver, of Litchfield in Litchfield county, being a lieutenant in the second military company in said town under the command of Capt. Roger Marsh, being by special warrant brought before this Assembly upon the com- plaint of the said Capt. Marsh against said Culver for being guilty of disobeying his orders &c. in contempt of the laws of this Colony, as per complaint on file, and this Assembly having examined into the matters of said complaint, and the said Culver having before this Assembly, by his written con- fession on file, made suitable reflexions upon himself for his conduct in the premises, praying for favour, which confession is accepted : Whereupon it is resolved by this Assembly, that the said Culver be dismissed and released from any further punishment, upon his paying the cost that has arisen in and about the premises.
Whereas upon the petition of Samuel Tozer of Colchester
1772.] OP CONNECTICUT. 13
against Peter Bulkley of said Colchester, the General Assembly at their sessions in May last appointed Joshua West, Samuel Selden and Benjamin Huntington, Esq", a committee to enquire into the matters in said petition alledged and make report &c , as per petition on file, and said committee having enquired into said matters have made report to this Assembly, that they find said Samuel Tozer is jointly indebted to said Peter Bulkley in the sum of tliirty- sevcn pounds one shilling and four pence, and that what sum said Bulkley has got satisfyed on his execution ought to be deducted out of that sum, and that said Bulk ley's execution [158] ought to be endorsed || down to that sum &c., as per report on file, which report is accepted and approved by this Assembly : And thereupon it is resolved by this Assembly, that said execution in favour of said Bulkley against said Tozer, mentioned in said petition, and the judgment on which it was granted may not be carried into execution for any further or greater sum than £37 1 4, including what sum hath already been paid or satisfyed on said execution. And the clerk of said county court for the county of Hart- ford is hereby authorized and impowercd to grant alias execution on said judgment at the request of said Bulkley with a proper endorsement thereon that said judgment and former execution is satisfyed or remitted dowji to said sum of £37 1«. 4rf. including the sum that hath been paid or satisfyed already on said execution.
Ui)on the petition of Richard Alsop, of Midletown in the county of Hartford, against George Stilman, of Saybrook in the county of New London, shewing to this Assembly that John Provost, late of the city and Province of New York, now deceased, in his life time before the adjourned county court holden at Hartford on the fourth Tuesday of June, 1765, recovered a judgment of said court against said George Stilman for the sum of £56 10 0, York currency, damages, and £2 6 6, lawful money, for his costs of suit, and had execution issued thereon in due form of law, and the same was delivered to Stephen Blake, then sheriff's deputy for Hartford county, and the same on the first of Septeml)er following was by said Blake levied on a small triangular piece of land, the property of said George, lying in said George's homelot in said Midletown now in Chatham in said county, containing four acres, beginning at the southwest corner of land the same day taken in execution at the suit of John Alsop, and runs thence by Connecticut River as said river runs forty-seven rods, thence turns and runs north 34
14 PUBLIC RECORDS [October,
degrees cast fifty rods, thence turns and runs by said Alsop's said land west fifteen degrees north twenty-eight rods to the first station abovesaid, and the same being then apprized at the price of thirty-two pounds, lawful money, the said Blake then immediately indorsed and subscribed his return of the said levy and apprizement on said execution, and said Pro- vost likewise then and there indorsed on said execution his acceptance thereof as £32 0 0, lawful money, in part of said execution, and delivered the same to said Blake to return into the clerk's office of said county court to be recorded, and thereupon entered and took possession of said land and held the same until he conveyed the same by an authentick deed to said Alsop, who thereupon entered and hath held said land ever since, and that upon diligent search lately made said Alsop finds that said execution and said officer's return thereon are not either of record or on file in said office, neither can they be found among said Blake's papers, who is since deceased insolvent, and that the same is either lost or purloined from said clerk's office or lost some other way without any default of said Alsop, whereby his title to said land has become very defective ; he therefore prays this Assembly to confirm his title to said land in as ample a man- ner as if said execution and said returns of said officer were entered of record, as per petition on file, dated September 21st, A.D. 1772 ; and the said Stilman now appearing by his attorney and confessing the facts stated in said petition to be true: Resolved by this Assembly, that said Richard Alsop may and shall have and hold the abovementioned land to him, his heirs and assigns, in as full and ample manner, to all intents and purposes, as if said Blake's return of said execution and apprizement had been duly made to the office of the clerk of the county court for said Hartford county and there recorded ; and that this decree, or a transcript thereof, in all future tryals at law shall be admitted and received as full evidence of said Richard's title to said land against said George Stilman and all claiming by, from or under him.
Upon the petition of William Jepson, of Hartford in the county of Hartford, and others his creditors <fec., preferred to the General Assembly, shewing that by losses, misfortunes &c. he is reduced and become unable to pay his debts &c., praying for an act of insolvency to be passed in his favour, as j)er petition on file ; Oliver Wolcott, Thomas Darling, Esq", and Capt. Joseph Trumbull were appointed a commit- tee by the General Assembly in May last, who accordingly
1772.] OP CONNECTICUT. 15
make report, that they notifyed said Jepson's creditors, and none appeared to object or otherwise, and that said Jepson's [159] debts amount to £1949 10 11, exclusive of the | sum of £692 15«. 6d. found to be due to Doct. Silvester Gardiner, of Boston, in their company concerns, and for payment of which said company securities are on the petition of said Gardiner against said Jepson ordered to be delivered to said Gardiner if the samq can be obtained therefrom, and that the amount of said Jepson's credits and estate, exclusive of his liousehold furniture, chirurgical instruments, books and riding horse, which are necessary for the upholding life, amounts to the sum of £1075 12«. Id. lawful money, and finding that said Jepson has conducted fairly &c., and that he is willing to resign up all his estate excepting necessaries aforesaid, to be put into the hands of trustx^es for the use and benefit of his creditors ; also give it as their opinion, that said Jepson ought to have a special act of insolvency made and passed in his favour, upon his resigning up his estate as aforesaid, as per report on file : It is resolved and enacted by this Assembly, that Messrs. Joseph Church jun' and Jonatlian Bull be and they are hereby appointed trustees, with full power to receive from said Jepson a conveyance of all his estate and effects 'for the use and benefit of his creditors, excepting as above excepted in said report referred to ; and upon said Jepson's delivering up on oath and conveying all his estate and effects for the purpose aforesaid, excepting as in said report is excepted above referred to, said trustees are hereby impowered to proceed with and dispose of said estate and effects in the same manner as trustees appointed by force of a late law of this Colony pass'd in May, 1765, entituled An Act for preventing fraud in debtors and for securing the effects of insolvent debtors for the use of their creditors and for the equitable division of the estate and effects of such debtors to and amongst their creditors, were enabled and directed to proceed with and dispose of the estate and effects of insolvent debtors ; and that the petitioner be and he is hereby entituled to all the benefits, privileges and freedom from arrests, which insolvent debtors conforming to said act were entituled to ; and that his person be and the same is hereby discharged from any and all liableness to arrest and imprisonment for debt by him owing to any person or per- sons in the Provinces of the Massachusets Bay, Connecticut or New York. And this act shall be a sufficient warrant to all officers or others, to forbear arresting or imprisoning the petitioner for any debt or debts heretofore contracted and owed by him.
16 PUBLIC RECORDS [October,
Upon the petition of Silvester Gardiner, Esq^ of Boston in the county of Suffolk and Province of the Massachusets Bay, against William Jepson, of Hartford in the county of Hart- ford : Whereas in October last Oliver Wolcott and Thomas Darling, Esq", and Capt. Joseph Trumbull were appointed a committee to hear and examine the matters alledged in said petition, and also to adjust all accounts and concerns between said parties, and to make report to this Assembly in May last, and said committee not having then finished their report, and said petition being continued to this time : Resolved by this Assembly, that the said Oliver Wolcott and Thomas Darling, Esq", and Capt. Joseph Trumbull be and they are reappointed a committee, to hear and examine the matters in said petition alledged and also to adjust all accounts and concerns between said parties, and to make report of what