Full text of "Acts and resolves passed by the General Court"

i! iliPI!Pi!lll:i>!;

'XW'i'

THE

ACTS AND RESOLVES,

PUBLIC AND PRIVATE,

OF THE

Province of the Massachusetts Bay:

TO WHICH ARE PREFIXED

THE CHAETERS OF THE PROVINCE,

HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.

PUBLISHED UNDER CHAPTER 87 OP THE RESOLVES OF THE GENERAL COURT

OF THE Commonwealth for the Year 1867.

Volume XXI.,
BEING VOLUME XVI. OF THE APPENDIX.

containing

RESOLVES, ETC., 1779-1780,

Town Chapters, 1692-1714, relating to the establishment of Towns,
Precincts and Parishes, determining Territorial Boundaries

AND granting LaNDS, GIVEN BY TiTLES ONLY IN

Volumes VII., VIII., IX.; originally planned
TO be printed in a Separate Volume.

;

BOSTON:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 Derne Street.
1922.

y\r

AUG-. ' 1 1^0^

STATE HOUSE, QOSK>U

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1779-80.

Ill

LEGISLATIVE LIST'

1779-80.

Action by Major Part of the Council /rom May 26, 1779.
JOHN AVERY, Jr.,

Deputy Skobktabx.

COUNCILLORS OR ASSISTANTS.

Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly
called the Colony of the Massachusetts- Bay;

Hon. Artemas Ward \ Hon, Oliver Prescot

Benjamin Greenleaf J Josiah Stone

Caleb Gushing I Abraham Fuller

Thomas Gushing I Timothy Danielson

Jabez Fisher )Esqrs. Samuel Niles )Esqrs.

Moses Gill [ Samuel Baker

Benjamin White V John Pitts

Francis Dana^ | Noah Goodman

Timothy Edwards / Aaron Wood

Of the Inhabitants of or Proprietors of Lands toithin the Territory formerly
called the Colony of ]\few- Plymouth;

Hon. William Sever \ ^^^^^ Hon. Daniel Davis ) -^^^^^

W^alter Spooner j * Thomas Durfee j

Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly
called the Province of Main;

Hon. Jeremiah Powell, Joseph Simpson and Edward Cutts, Esqrs.

Of the Inhabitants of or Proprietors of Lands within the Territory lying
hetiueen the River of Sagadahoc and Nova-8cotia;

Hon. Henry Gardner, Esq.

For the State at large : —
Hon. Nathan Gushing and Hon. Samuel Adams, Esqrs.

* See Legislative Records of the Council, xxxix., 252-257. The Representatives or Deputies
for this year have been taken from the House Journal (State Library copy), 1779.

* Chosen Delegate to the Continental Congress, Oct. 8, 1778.

[3]*

Resolves, etc. — 1779-80. [Represextatives.]

REPRESENTATIVES OR DEPUTIES.

May 26, 1779 to May 17, 1780.

Hon. John Hancock, Esq., Speaker.

County of Suffolk.

Boston, . . Hon. Samuel Adams, Esq.,
Hon. John Hancock, Esq.,
Caleb Da\as, Esq.,
Thomas Dawes, Esq.,
Mr. Thomas Walley,
William Tudor, Esq.,
Samuel Austin, Esq.

Roxbury, . . Capt. Joseph Williams.

Dorchester, . Ebenezer Wales, Esq.

Milton, . . Capt. Seth Sumner.

Braintree, . Richard Cranch, Esq.

Weymouth, . Solomon Lovell, Esq.

Hingham, . Mr. Joseph Thaxter, Jr.

Dedham, . . Jonathan Metcalf, Esq.

Medfield, . . Mr. Daniel Perry.

Wrentham, . Mr. Lemuel KoUock.

Brookline, . Col. Thomas Aspinwall.

Needham, . . Capt. Eleazer Kingsbury.

Stoughton, . Elijah Dunbar, Esq.

Stoughtonham, Mr. Nathaniel Kingsbury,

Medway, . . Elijah Clark, Esq.

Walpole, . . Maj. Seth Bullard.

Chelsea, . . Mr. Thomas Pratt.

Franklin, . . Dr. John Metcalf.

Salem,

Danvers,
Ipsivich,

Newbury,

County of Essex.

. Hon. John Pickering, Esq.,
Capt. George Williams,
Capt. Samuel Ward.

. Col. Israel Hutchinson.

. Hon. Michael Farley, Esq.,
Stephen Choate, Esq.

. Moses Little, Esq.,
Jacob Gerrish, Esq.
Newbury Port, Jonathan Greenleaf, Esq.,
Stephen Cross, Esq.,
Moses Frazier, Esq.,
Jonathan Titcomb, Esq.,
Theophilus Parsons, Esq.
Mr. Samuel Gatchel,
Mr. Burrel Devereux,
William Bacon, Esq.,
Mr. Joshua Prentiss.
Capt. Holton Johnson.
Mr. Samuel Phillips, Jr.,
Samuel Osgood, Esq.

Marblehead,

Lynn, .
Andover,

County
Beverly,

Rowley,

Salisbury,

Haverhill,

Topsfield,

Abnsbury,

Bradford,

Boxford,

OF Essex — Concluded.
. Josiah Batcheldor, Esq.,
Jonathan Connant, Esq.
. Capt. Benjamin Adams.
. Maj. Joseph Page.
. Jonathan Webster, Esq.
. Mr. Zacheus Gould.
. William Bayley, Esq.
. Daniel Thurston, Esq.
. John Gushing, Esq.

County of Middlesex.

Cambridge,

Charlestown,

Water town,

Wobum, .

Concord, .

Newton, .

Reading, .

Marlborough,

Billerica, .

Framingham,

Chelmsford,

Sudbury,

Maiden,

Weston,

Medford,

Westford,

Waltham,

Groton,

Holliston,

Samuel Thatcher, Esq.
Nathaniel Gorham, Esq.
Jonathan Brown, Esq.
Col. Loammi Baldwin.
Maj. Joseph Hosmer.
Mr. Thomas Parker.
Benjamin Brown, Esq.
Mr. Simon Stow.
William Stickney, Esq.
Mr. William Brown.
Mr. Aaron Chamberlin.
Capt. Jonathan Rice.
Capt. Benjamin Blaney.
Josiah Smith, Esq.
Thomas Brooks, Esq.
Capt. Joseph Reed.
Mr. Abner Saunderson.
Hon. James Prescott, Esq.^
Col. Abner Perry.

County of Hampshire.

Springfield,

West Spring-
field.
Northampton, .

Southampton, .
Hadley,
South Hadley,
Amherst, .

Granby,

William Pynchon, Jr., Esq.,
Col. Jonathan Hale.
Mr. Jonathan White,
Maj. Benjamin Ely.
Capt. Elijah Hunt,
Mr. Caleb Strong.
Capt. Timothy Clark.
Mr. Phineas Lyman.
Noah Goodman, Esq.^
Mr. John Billings,
Mr. Ebenezer Mattoon,

Jr.
Capt. Phineas Smith.

1 Chosen Councillor June 17, 1779.

[Representatives.] Resolves, etc. — 1779-80.

County of

' Hampshire — Concluded.

Hatfield, .

. John Hastings, Esq.

Westfield, .

. Capt. David Mosely,

Maj. War ham Parks.

Conway, .

. lieut. Jonathan Whitney.

Sunderland,

. Capt. Noadiah Leonard.

Montague,

. Capt. Moses Harvey.

Brimfield, .

. Mr. Joseph Moffat.

Monson, .

. Mr. Benjamin Munn,

Mr. Abel GoodeU.

Palmer,

, Capt. David Spear.

Oranville, .

. Col. Timothy Robinson,

Mr. Oliver Phelps.

Colrain, .

, Capt. Hugh McLellan.

Murrayfield, .

, Capt. Enoch Sheppard.

Ashfield, .

, Mr. Jonathan Taylor.

Worthington, .

Mr. Jonathan Brewster.

Southwick,

Mr. Abner Fowler.

Norivich, .

John Kirkland, Esq.

Ludlow,

Dr. Aaron John Miller.

County of Plymouth.
Plymouth, . Hon. James Warren, Esq.
Scituate, . . Capt. Joseph Tolman.
Duxbury, . . George Partridge, Esq.^
Marshfield, . Mr. Samuel Oakman.
Bridgwater, . Oakes Angier, Esq.,

Maj. Josiah Hayden.
Middlehorough, Mr. Benjamin Thomas.
Rochester, . . Col. Ebenezer White.
Pembroke, . John Turner, Esq.
Ahington, . . Mr. Samuel Pool.

County of Barnstable.
Sandwich, . Col. Nathaniel Freeman.
Yarmouth, . David Thatcher, Esq.,

Jonathan Howes, Esq.
Eastham, . . Mr. Barnabas Freeman.
Wellfleet, . . Capt. Winslow Lewis.
Chatham, . . Mr. Joseph Howse.
Harwich, . . Solomon Freeman, Esq.,

Joseph Nye, Esq.
Falmouth, . Maj. Joseph Dimuek.
Truro, . . Mr. Sylvanus Snow.

County of Bristol.
Taunton, . . Brig. Gen. George God-
frey,
Hon. Robert T. Paine, Esq.
Rehoboth, . . Mr. Ephraim Starkweather,
Mr, Joseph Allyn.

County

Swanzey, .

Dartmouth,

Norton,

Mansfield,

Attleborough,

Dighton,

Freetown, .

Raynham,

Easton,

Berkley,

OF Bristol — Concluded.
. Capt. Phillip Slade,
Mr. Israel Barney.
. Edward Pope, Esq.
. Mr. Abraham White.
. Capt. Abiel Clap.
. Capt. Elisha May.
. Mr. Abiezer Phillips.
. Nathaniel Morton, 3rd.
. Capt. Israel Washburn.
. Capt. James Perry.
. Capt. James Nichols.

York, . .
Kittery,

Wells, . .
Berwick, .
Pepperell-
borough.

County of York.

. Col. Edward Grow.
. Edward Cutts, Esq.,^

John Frost, Esq.
. Capt. Joshua Bragdon.
. Col. Joseph Prime.

Thomas Cutts, Esq.

County of Worcester.
Worcester, . Samuel Curtis, Esq.
Lancaster, . Joseph Reed, Esq.
Mendon, . . Edward Rawson, Esq.
Brookfield, . Hon. Jedediah Foster, Esq.
Oxford, . . Edward Davis, Esq.
Charlton, . . Mr. Caleb Ammidown.
Sutton, . . Amos Singletary, Esq.
Leicester, . . Maj . Seth Washburn.
Spencer, . . Mr. John Muzzy.
Rutland, . . Mr. John Fessenden.
New Braintree, Maj. Joseph Bowman.

Westborough,
Northborough, .
Shrewsbury,
Lunenburgh, .
Uxbridge, .
Harvard, .
Dudley,
Barre, .
Bolton,
Leominster,
Hardwick,
Western, .
Douglass, .
Grafton, .
Petersham,
West^ninster, .
Templeton,
Northbridge, .

Dr. James Hawes.
Mr. Paul Newton.
Mr. Ephraim Beaman.
Mr. Stephen Gorham.
Col. Nathan Tyler.
Col. Josiah Whitney.
Mr. Edward Davis.
Nathan Sparkhawk, Esq.
Mr. Nathaniel Longley.
Israel Nichols, Esq.
Mr. William Paige.
Mr. Solomon Rich.
Ezra Wlaitney, Esq.
Mr. Joseph Batcheldor.
Jonathan Grout, Esq.
Mr. .loseph Miller.
Capt. Ezekiel Knowlton.
Mr. Jonathan Bacon.

1 Chosen Delegate to the Continental Congress June 17, 1779.

2 Chosen Councillor June 24, 1779,

Resolves, etc. — 1779-80. [Representatives.]

County of Cumberland.

North Yar-\ , , , . t-.

,, f John Leuis, Esq.
mouth. J '

Gorham, . . Col. Edmund Phinney.

HarpsweU, . Capt. Isaac Snow.

County of Lincoln.
Vassalhorough, Capt. Abiel Lovejoy.
Warren, . . Mr. Moses Copeland.

Counts of Berkshire.
Sheffield, . . Col. John Ashley, Jr.,
Mr. Daniel Raymond.

County of
Great Bar-

rington.
Stockbridge,
Pittsjield, .

New Marl-
borough.
Tyringham,

Sandisfield,
Becket,

Berkshire — Concluded.

Mr. Jonathan Nash.

Mr. Asa Bement.
Col. William Williams,
Capt. James Noble.

Capt. Caleb Wright.

Col. Giles Jackson,
Capt. Ezekiel Herrick.
Mr. Timothy Brown.
Mr. Elisha Carpenter.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-sixth Day of May, A.D. 1779.

CHAPTER 1.

RESOLVE EMPOWERING THE TREASURER TO RECEIVE BILLS OF
CREDIT, TAKEN OUT OF CIRCULATION, FROM CONSTABLES AND
COLLECTORS OF TAXES ON OR BEFORE MAY 29th, PROVIDED
THEY TAKE OATH AS DIRECTED.

Whereas it is represented that there are divers Constables and ^sisiative
Collectors who have sent Bills of Credit, of the Emissions taken Council',"
out of Circulation, to the Treasurer of this State, in Discharge of Mass.' "^^
the Taxes collected by them for the last Tax ordered to be as- "^'■*'|??^'^|;„
sessed on the Inhabitants of this State, but have not sent there- Mass. '
with a Certificate as directed by a Resolve of the General Court Ma^y sSion,
of April 12, 1779, the same not having come to their Knowledge, ^^^p- S-

for want of which the Treasurer is not authorized to receive them, Province
whereby great Damage may accrue: Therefore chap*' 62S.' ***" '

Resolved, That the Treasurer of this State be and he hereby is
irapowered and directed to receive into the Treasury on or before
the 29th Day of May current, Bills of Credit, of the Emissions
taken out of Circulation, sent by Collectors and Constables in
Discharge of the Taxes collected by them; provided the Persons
bringing and offering the same to the Treasurer do take the fol-
lowing Oath, viz:

You A. B. do solemnly swear that the Bills of Credit, now
offered by you, are the same Bills which you received of C. D.,
Constable or Collector of Taxes for the Town of for the pres-
ent Year, and that he delivered them to you as the Bills received
by him in Payment of the Taxes by him collected on the last
Tax, and to be delivered by you to the Treasurer of this State on
account of the same. So help you God.

Provided also, That nothing in this Resolve shall extend, or be
construed to extend, to enable the Treasurer to receive any of
the said Bills according to this Resolve, unless the same shall be
offered to him in pursuance thereof on or before the said 29th
Day of May. [Passed May 28.

CHAPTER 2.

RESOLVES APPOINTING REV. SETH NOBLE MISSIONARY AT THE
EASTWARD AT A SALARY OF £300, IN PLACE OF REV. SAMUEL
DEANE.

Whereas the General Court of this State, by their Resolve of R||j,^rds o! the
the 21st of April last, appointed the Rev. Samuel Deane a Mis- Council,
sionary to preach the Gospel in those places of the Eastern Coun- ulfs.' '''^'
try of this State as are destitute of the same; and whereas the ^cxxh^*336
said Samuel Deane hath declined the Trust aforesaid: Therefore '^*''"'"'

[7]

Resolves, etc. — 1779-80.

[Chaps. 3,4.]

Mass.
Resolves,
May Session,
chap. 1.

Mass.
Archives,
ccxxii., 337.
Province
Laws, XX., 6S2,
chap. 6S1.

Resolved, That the Rev. Seth Noble, now resident in Boston,
be and he hereby is appointed a Missionary to preacii the Gospel
in such places in said County [sicj as he, with the Ministers who
are nearest to the Places destitute, shall judge best, and to con-
tinue in that Service until the last Day of October next, and no
longer. And it is further

Resolved, That there be paid to the said Seth Noble, or his Order,
the Sum of Three Hundred Pounds, to enable him to discharge
the said Mission, One Hundred and fifty Pounds to be paid unto
him at his Entrance upon the aforesaid Mission, and the Re-
mainder to be paid to him at the End of the Term for which he
shall be employed as aforesaid; provided the said Seth Noble shall
enter upon the aforesaid Mission on or before the tenth Day of
June next. [Passed May 28.

Legislative
Records of the
Council,
xxxix., 258.
Mass.
Archives,
ccxxii., 335.
Mass.
Resolves.
May Se.ssion,
chap. 3.

Province
Laws, v., 906,
chap. 19; 995,
notes.

CHAPTER 3.

RESOLVE EXTExNTDING THE TIME FOR DRAWING IN THE BILLS OF
CREDIT UNDER SIX SHILLINGS FROM JUNE 1st TO OCT. 1st, 1779.

Whereas in and by an Act intitled " An Act for drawing in
the Bills of Credit of the several Denominations under Six Shil-
lings bearing Date prior to the eighteenth of October, Anno Domini
One Thousand seven Hundred and seventy-six, which have been
issued by this Government, and still outstanding, for prohibiting
the Currency of the same, as also for making and emitting Bills
of public Credit for the Redemption thereof," it is provided that
if the Possessor or Possessors of any of the Bills ordered b^^ said
x\ct to be taken out of Circulation, shall neglect to offer the same
to the Treasurer to be exchanged by the first Day of June One
Thousand seven Hundred and seventy-nine, all Right or Claim
to the Redemption or Exchange of said Bills shall cease and deter-
mine: And whereas the Time for such Exchange is near elapsed,
and many Persons possessed of such Bills may not have Opper-
tunity to offer the same to be exchanged within said Time:

Resolved, That the Treasurer of this State be and he is hereby
impowered and directed to receive of any Persons offering the
same any of the Bills ordered to be drawn in by the aforesaid Act,
and to give other Bills in exchange therefor, agreeably to the
Directions of said Act, which shall be brought into the Treasury
on or before the first Day of October next, any thing in said Act
iimitting the Time for receiving said Bills to be drawn in to the
first Day of June 1779 notwithstanding. [Passed May 28.

CHAPTER 4.

VOTE CHOOSING JONATHAN METCALF AND OTHERS A COMMITTEE
ON MUSTER ROLLS.

Legblative
Records of the
Council,
xxxix., 259.
Mass.
Archives,
ccxxii., 338.
Mass.
Resolves,
May Session,
chap. 11.

In the House of Representatives.
The House, by Ballot, made Choice of Jonathan Metcalf,
Stephen Metcalf, and Ezra Sargent, Esquires, with such as the
Honorable Board shall join, as a Committee to examine Muster-
Rolls.

In Council
Read and Concurred and Abraham Fuller and Aaron Wood,
Esquires are joined. [Passed May 28.

[1st Sess.] Resolves, etc. — 1779-80.

CHAPTER 5.

RESOLVE APPOINTING ANDREW HENSHAW, ONE OF THE CLERKS OF
THE SUPERIOR COURT, TO COLLECT, ASSORT, FILE, AND PRESERVE
IN HIS CUSTODY THE SCATTERED PAPERS OF THAT COURT.

Whereas the Original Papers belonging to the Clerk's Office of fe|^|!f,g ^^ ,
the Superior Court of Judicature, &c. of this State, lay unfiled Council,
and in great Disorder, in one or more of the upper Rooms of the Mass.' ^^^
State-House: And whereas it is of great Importance to the good ^■■'=*}l^®.?'„
People of this State, that the Papers aforesaid should be collected, Mass. '
assorted and filed, so that attested Copies of the same may be Ma^session
regularly obtained : Therefore ^^^p- ^-

Resolved, That Mr. Andrew Henshaw of Boston, one of the
Clerks of the same Superior Court, be and he hereby is appointed
and authorised to collect the Papers aforesaid and to assort and
file the same, and preserve the same in his Custody, as one of the
Clerks aforesaid, and exhibit his Account of his said Services to
the General Court for Allowance and Payment. [Passed May 28.

lie

CHAPTER 6.

RESOLVES APPOINTING. EMPOWERING, AND MAKING PROVISION
FOR A COMMITTEE ON ACCOUNTS.

In the House of Representatives.

Resolved, That Loammi Baldwin, Richard Cranch, Seth Wash- Legislative
burn, Ephraim Starkweather, Lemuel Kollock, Thomas Durfee councif °'^ ^"^^
and Jonathan Webster, Esquires, be a Committee on the Part of xxxix., m.
this House, whose Business it shall be, to receive and examine Archives.
all Accounts, (not otherwise ordered) which are duly authenti- ^™' • ^^^'
cated, for any Service done, or Expence incurred in consequence Resolves,
of any Order or Resolve of the General Court, and to allow so chap. |'*'°"'
much thereon as shall appear to them to be reasonable and just, "

and the Doings of said Committee respecting such Accounts, or
any four of them (who are hereby appointed a Quorum) shall be
considered as valid, during the Recess as well as in the Sitting of
the General Court, as any Vote or Resolve of this House. x\nd
said Committee shall keep a fair Record expressing the Names of
the Persons whose Accounts they shall allow, the Towns they
severally belong to, the Sums allowed to them respectively, and
the Occasion of the Charge. It is further

Resolved, That the Honorable Council, or such Committee as
they shall appoint on their Part, be and they hereby are im-
powered, both in the Sitting and Recess of the General Court,
to concur all Accounts of the Nature beforementioned, that shall
have been allowed by the Committee of the House as aforesaid,
so far as shall appear to them just and reasonable and duly au-
thenticated.

And the Secretary is hereby directed to keep all those Accounts,
which shall be paid in pursuance of this Resolve, in separate
Files, to be laid before the House for Inspection, when called for.

And the Council are hereby authorized to issue their Warrants,
from Time to Time, on the Treasurer in favour of said Committee
of Council, for such Sum or Sums of Money as they (the said
Council) shall judge necessary for the Payment of such Accounts
as is above discribed, provided the Amount of such Warrants
shall not exceed the Sum of Thirty Thousand Pounds, said Com-

Resolves, etc. — 1779-80.

[Chaps. 7-9.]

mittcc to be accountable for the Money they shall so receive. It
is further

Resolved, That there be paid at the Expence of the State to those
Members of this House who shall be of the Committee aforesaid,
one Half of their Pay as Members of the House, for the Time they
shall attend, while the General Court is Sitting.
In Council

Read and Concurred and Jabez Fisher, Benjamin White, and
Daniel Davis, Esquires are joined. [Passed May 28.

Legislative
Records of the
Council,
xxxix., 262.
Mass.
Archives,
ecxxii., 342.
Mass.
Resolves,
May Session,
chap. 7.

Mass.
Archives,
cci., 83.

CHAPTER 7.

RESOLVE PERMITTING GEN. HEATH TO FORWARD 5 CANNON TO
HUDSON RIVER AGREEABLE TO REQUEST OF GEN. WASHING-
TON.

Resolved, That Maj. Gen. [William] ^ Heath be and he hereby is
permitted to forward from this State to the Highlands on Hud-
son's River, five heavy Cannon, which were lent to this State
some Time since, agreeable to Gen. Washington's Request of the
twelfth Instant. [Passed May 28.

CHAPTER 8.

RESOLVE GRANTING £27 TO DANIEL CRAY FOR SERVICES IN GEN.
LOVELL'S BRIGADE AT RHODE ISLAND.

Legislative
Records of the
Council,
xxxix., 262.
Mass.
Resolves,
May Session,
chap. 12.

On the Petition of Daniel Cray, praying for Pay for himself,
Horse and Carriage, while in the Service of Gen. [Solomon] -
Lovell's Brigade, on the Rhode-Island Expedition, in the year
Seventeen Hundred and seventy-eight.

Resolved, That there be allowed and paid out of the public
Treasury of this State to Daniel Cray the Sum of Twenty-seven
Pounds, in full of his Account. [Passed May 28.

CHAPTER 9

RESOLVES REQUESTING THE COUNCIL TO ORDER A CARTEL FOR
THE EXCHANGE OF PRISONERS, AND FOR A GUARD FOR THE
PRISON SHIP IN BOSTON HARBOUR FROM THE CORPS OF ARTIL-
LERY UNDER COMMAND OF LIEUT. COL. REVERE.

Legislative
Records of the
Council,
xxxix., 263.
Mass.
Archives,
ecxxii., 346.
Mass.
Resolves,
Mav Session,
chap. 5.

Mass.
Archives,
ecxxii., 344.

Whereas it has been represented to this Court that many of
the Inhabitants of this State are Prisoners in the hands of the
Enemy and are suffering the utmost hardships. Therefore

Resolved, That the Honorable Council be, and they are hereby
requested, without delay, to order a Cartel Vessel or Vessels suffi-
cient to send so many of the Prisoners, now in this State, as may
be necessary for the exchange of the Inhabitants of this State,
now Prisoners in New York or elsewhere, in the hands of the
Enemy. And it is further

Resolved, That the Honorable Council be requested to order

> Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 6S4.
2 Ibid., ix., 1010.

[1st Sess.] Resolves, etc. — 1779-80. 11

such a number of Men from the Corps of Artillery under the
Command of Lieut. Col. [Paul]^ Revere as they may judge neces-
sary for the safe Guarding of the Prison Ship in the Harbour of
Boston. [Passed May 29."

CHAPTER 10.

RESOLVE FOR LICENSING BENJAMIN PIPER TO KEEP A TAVERN
IN CAMBRIDGE, TEMPORARILY.

Upon the Petition of Benjamin Piper of Cambridge, in the Legislative
County of Middlesex, praying that two Justices of the Peace for co^df, °^ ^''^
said County, Quorum unus, may be authorized to license the said ^^■' ^^"'•
Benjamin Piper to keep a Tavern in the Town of Cambridge Archives.
aforesaid, in the House where the said Benjamin Piper now lives, mS"" ^^'^'
for the reasons set forth bv the said Benjamin Piper in his petition Resolves,

' ^'^y Session,

aioresaid: Wnereiore chap. 9.

Resolved, That Thaddeus Mason and Abraham Watson, Mass.
Esquires, two of the Justices of the Peace for said County, Quorum gc^^^'|i^'^f48
unus, be and hereby are impowered to license the said Benjamin
Piper to keep a Tavern in the House where he now lives, until the
Court of General Sessions of the Peace shall be holden in said
County of Middlesex in September next, the said Benjamin
Piper recognizing before said Justices to keep good Order and
Rule in his said House during the time aforesaid, in such Manner
as Innholders are by Law directed to recognize. [Passed May 29}

CHAPTER 11.

RESOLVE FOR LICENSING PETER RICHARDSON TO KEEP A TAVERN
IN CAMBRIDGE, TEMPORARILY.

Upon the Petition or Memorial of Henry Bowers jun., of jf ^'^^j^'^f th
Cambridge, in the County of Middlesex, Merchant, praying that Council,
two Justices of the Peace for said County, Quorum unus, may be Ma^s.' "^^
authorized to license Peter Richardson to keep a Tavern in the Archives

-i ccxxii. o4y.

Town of Cambridge, in the House the Memorialist has leased to Mass. '
the said Peter Richardson, for the Reasons set forth by the Peti- May'^Session,
tioner: "'^^p- '"•

Resolved, That Thaddeus Mason and Abraham Watson, Mass.
Esquires, two of the Justices of the Peace for said County, ccxxii^lso,
Quorum unus, be and hereby are impowered to license the said ^^^•
Peter Richardson to keep a Tavern in the House where he now
lives, until the Court of General Sessions of the Peace shall be
holden in said County of Middlesex in September next, the said
Peter Richardson recognizing before said Justices to keep good
Order and Rule in his said House during the Time aforesaid, in
such manner as Innholders are by Law directed to recognize.
[Passed May 29}

1 Massachusetts Soldiers and Sailors of the Revolutionary War, xiii., 121.
' This date is May 28 according to Legislative Records of the Council and Massa-
chusetts Resolves,

Resolves, etc. — 1779-80. [Cil\ps. 12-14.]

CHAPTER 12

Legislative
Records of the
Council,
xxxix., 264.
Mass.
Archives,
ccxxii., 355.
Mass.
Resolves.
May Session,
chap. 13.

Mass.
Archives,
ccxxii., 356,
357.

RESOLVE GRANTING £13. Ss. 8d. TO ISAAC FRENCH IN FULL OF THE
DOCTOR'S BILL FOR HIS SON.

On the Petitiox of Isaac French, praying for Allowance for
Doctoring and Nursing his Son, when sick, while in the Service of
this State, as set forth in said Petition:

Resolved, That there be allowed and paid out of the Treasury
of this State to Isaac French, the Sum of Thirteen Pounds five
Shillings and eight Pence in full of the Doctor's Bill. [Passed
May 29.

Legislative
Records of the
Council,
xxxi.\., 264.
Mass.
Archives,
ccxxii., 352.
Mass.
Resolves,
May Session,
chap. 14.

Province
Laws, XX., 716,
chap. 765.

CHAPTER 13.

RESOLVE SUSPENDING THE SALE OF THE HOUSE OF SIR WILLIAM
PEPPERRELL, BART., IN BOSTON, NOW OCCUPIED BY GEN. HEATH.

Wherear the Estate of Sir William Pepperrell, Baronet, was
among others ordered to be sold by a Committee appointed for
that Purpose, and the Quarter-Master-General has represented
to this Court that the Mansion-House, &c. of said Sir William
Pepperrell, [in Summer St., Boston]^ is in the Occupation of Maj.
Gen. [William]- Heath, and that if said House is sold it is not in
his Power to procure any other suitable House for the Accom-
modation of the General: Therefore

Resolved, That the Committee appointed as aforesaid be di-
rected, and they are hereby accordingly directed, to suspend the
Sale of said House, Out-Houses, &c. until the further Order of
this Court; any Order or Resolution of this Court to the contrary
notwithstanding. [Passed May 29.

CHAPTER 14

RESOLVE PERMITTING GIDEON SMITH, A PRISONER AT GREAT
BARRINGTON. TO RETURN TO HIS FAMILY AT STOCKBRIDGE ON
GIVING SUFFICIENT BONDS.

Legislative
Records of the
Council,
xxxix., 265.
Mass.
Archives,
ccxxii., 3().).
Mass.
Resolves.
May Session,
chap. 16.

Mass.
Archives,
ccxxii., 364.

On the Petition of Gideon Smith, a Prisoner at Great Barring-
ton, praying that he may be permitted to return to his Family at
Stockbridge, for Reasons set forth in his Petition:

Resolved, That the Praj^er thereof be granted, and that the said
Gideon Smith be and he hereby is permitted to return to his
Family, he giving sufficient Bonds to the Committee of Corre-
spondence and Safety of said Stockbridge, that he will demean
himself as a good and faithful Subject to this State. [Passed
May 31.

' Massachusetts Archives, ccxxii., 353. »

2 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

[1st Sess.] Resolves, etc. — 1779-80. 13

CHAPTER 15.

RESOLVE FOR SELLING ESTATES OF THE LATE GOVERNORS, SIR
FRANCIS BERNARD, BART. AND THOMAS HUTCHINSON, ESQ., AND
PEWS BELONGING TO ANY ABSENTEE.

It being represented to this Court that in the late Order Legislative
of the General Court for the Sale of several confiscated Estates, counclr^^^'
a Lot of Land belonging to the Estate of the late Governor [Sir ^''"'^ • 266-
Francis] Bernard, [Bart.],^ lying in the Town of Brookline, and Archives,
also a Lot of Land in the Town of Braintree, belonging to the Mas" ' ^^^'
Estate of the late Governor [Thomas] Hutchinson, [Esq.],^ were M|®°*|g3^o„
not included: Therefore chap. 17.

Resolved, That the Committee appointed to make Sale of the Province
said Estates be and they hereby are directed to make Sale of the y'l^^^chap ' 765
said Lots of Land at public Auction, at such Time as they may
judge will be most for the public Interest, and the said Commit-
tee are further directed to make Sale of any Pews, or Rights in
Pews, which may belong to any of the Estates they have been
ordered to sell. [Passed May 31.

CHAPTER 16.

RESOLVE GRANTING £28. 19s. 7d. TO NATHANIEL HEALY FOR MEDI-
CINES, AND ATTENDANCE ON HIS SON STEPHEN HEALY BY DR.
DANIEL FISK.

On the Petition of Nathaniel Healy of Dudley, Praying for Legislative
Allowance for Medicines and Attendance expended for his Son Q^°°'j.'|f °^ ^'^^
Stephen Healy, while a Soldier in the Service of this State at ^J"'*"- 266.
Rhode Island, who had Leave to come Home, for Reasons set Rasoives,
forth in his Petition: K.^iT'"""'

Resolved, That the Prayer of the Petition be granted, and that
there be paid to Nathaniel Healy out of the public Treasury of
this State, the Sum of Twenty-six Pounds, nineteen Shillings and
seven Pence, in full of Doctor Daniel Fisk's Account, for Medi-
cines and Attendance expended for his Son Stephen Healy; the
said Sum to be charged to the Continent. [Passed May 31.

CHAPTER 17.

RESOLVE GRANTING £14. ISs. TO PRESERVED BETTS, WOUNDED AT

FORT EDWARD.

On the Petition of Preserved Betts, praying for Allowance for Legislative
the Time and Expence he was at, upon receiving a Wound at coSricif °^ ^^^
Fort Edward in his Knee: socxix, 266.

Resolved, That there be allowed and paid out of the public ReSives,
Treasury of this State to Preserved Betts, Fourteen Pounds, ^^.^'°°'

eighteen Shillings, in full for his Account, the said Sum to be

charged to the Continent. [Passed May 31.

1 Massachusetts Archives, ccxxii,, 257.

Resolves, etc. — 1779-80. [Chaps. IS, 19.]

CHAPTER 18.

Legislative
Records of the
Council,
xxxix., 268.
Mass.
Archives,
ccxxii., 368.
Mass.
Resolves.
May Session,
chap. 20.

Mass.
Archives,
ccxxii., 369.

RESOLVE GRANTING £1,300 FOR BREAD AND OTHER STORES, 1,000
WEIGHT OF RICE, AND 17 BARRELS OF BEEF TO JABEZ MEIGS,
COMMISSARY AT FALMOUTH.

Upon the Mh;morial of Jabez Meigs, Commissary of the
Troops stationed at Falmouth, in the County of Barnstable,
praying for Provision or some Means to enable him to subsist the
said Troops:

Rcsohed, That there be paid out of the Treasury of this State
to the said Jabez Meigs, to enable him to purchase Bread and
other Stores for said Troops, the Sum of Thirteen Hundred
Pounds; and also that the Commissary-General of this State be
and he is hereby directed to deliver to the said Jabez Meigs, for
the above Purposes, One Thousand Weight of Rice and Seventeen
Barrels of Beef. The said Commissary to account with the General
Assembly of this State for the Expenditure of the same. [Passed
June 1.

CHAPTER 19.

Legislative
Records of the
Council,
xxxix., 268.
Mass.
Archives,
ccxxii., 365.
Mass.
Resolves,
May Session,
chap. 19.

Province
Laws, XX., 411,
chap. 55; 503,
chap. 211.

RESOLVE FOR ALLOWING COMPENSATION TO TOWNS AND PLANTA-
TIONS THAT GAVE BOUNTIES OF £14 TO THE MEN RAISED BY A
RESOLVE OF JUNE 12, 1778, IF RETURNS ARE LODGED IN THE
SECRETARY'S OFFICE BEFORE SEPT. IST.

Whereas it appears to this Court that several Towns and
Plantations were not properly notified of the Resolve, which
passed the Great and General Court of this State the 3d of Octo-
ber 1778, pointing out the Method of making Returns of those
Men who were detached agreeable to a Resolve of said Court
passed June 12th 1778, and that Returns, which were actually
made by some Towns and Plantations agreeable to said Resolve,
were mislaid in the Secretary's Office, or otherwise Miscarried, by
Reason of which those Towns and Plantations have been deprived
of having the Bounty, given by them to each Soldier, deducted
out of the last State Tax, agreeable to said Resolve of June the
12th: Therefore, that Justice may be done to such Towns and
Plantations:

Resolved, That the Selectmen of such Towns, and Committees
of such Plantations, make out a Return under Oath of all the
Men raised in their respective Towns and Plantations, agreeable
to said Resolve of June the 12th, to whom they paid a Bounty of
Fourteen Pounds, and lodge the same in the Secretary's Office
before the first Day of September next, that the same may be
examined, and whatever shall on such Examination, be found
justly due to such Towns or Plantations shall be deducted out of
the next Tax that shall be assessed on such Towns or Plantations,
after such Examination. [Passed June 1.

[1st Sess.] Resolves, etc. — 1779-80. 15

CHAPTER 20.

RESOLVE DIRECTING ABNER ELLIS, AGENT FOR CLOTHING, TO
PAY TEAMSTERS SIX SHILLINGS PER MILE.

On the Petition of Abner Ellis, Agent for providing Cloathing Legislative
for the Continental Army, shewing that he hired a Number of g^^'^^'-f °^ *''^
Teams to transport Cloathing to Head-Quarters, who when ar- ^'''^•2'^^-
rived at Head-Quarters, were ordered by the Commissary to Archives,
transport said Cloathing back eighty Miles, and praying for Al- Mas" ' *"**'
lowance for the same: Therefore M^" Session

Resolved, That the said Abner Ellis be and he is hereby directed chap.' 21.

to Pay each and every of the Drivers of the aforesaid Teams Six Mass.
Shillings per Mile, for transporting said Cloathing back eighty ^cx^ximo;.
Miles, and lay his Accounts before this Court for Allowance for the 408.
same. [Passed June 2}

CHAPTER 21.

RESOLVES RESPECTING THE FLAG OF TRUCE, COMMANDED BY
CAPT. THOMAS WYER, LATELY ARRIVED AT FALMOUTH, PER-
MITTING ELIZABETH ROSS AND OTHERS TO GO TO NEW YORK
IN HER, AND DECLARING THAT IN THE FUTURE NO FLAGS WILL
BE PERMITTED TO COME TO ANY PORT EXCEPT BOSTON.

The Committee of both Houses appointed to Consider the Legislative
letter from the Committee of Falmouth, with the Same, report councif, °^ *^^
the following Resolves, which are Submitted ^^^^■' ^^"^

William Sever per Order Archives,

Resolved, That the Council of this State be and hereby are re- Mass. '
quested to take effectual Care that the Vessel commanded by Ma>°'session,
Capt. [Thomas]^ Wyer, which lately arrived at Falmouth [Cum- ^^^p- ^^-

berland County]^ as a Flag of Truce from New York, be directed, Mass.
as soon as may be, to depart with the several Persons, who by a 00x^x11^396.
Resolve of the General Assembly of this State, have been per-
mitted to go to New York; and that the Council be also re-
quested to direct the Commissary of Prisoners within this State
to inform the British Commissaries of Prisoners at New York,
Nova Scotia and Newport, that in future, no Flags from thence
will be permitted to come to any Port within this State, except
the Port of Boston, and addressed to the supreme executive Au-
thority, Commanding Officer of the Continental Troops, or Com-
missary of Prisoners within this State.

Resolved, That Elizabeth Ross be and she is hereby permitted
to depart this State for New York in the Flag of Truce com-
manded by Capt. [Thomas] Wyer, with her Effects, and that
she be not permitted to return, without Leave obtained from the
General Assembly or, in the Recess, from the Council of this
State.

Read and Accepted. [Passed June 2.

1 This date is June 1 according to Massachusetts Resolves.

2 Massachusetts Archives, ccxxii., 396.

3 Ihid., ccxxii., 398.

Resolves, etc. — 1779-80. [Chaps. 22-24.]

Legislative
Records of tlie
Council,
xxxix., 271.
Mass.
Archives,
cexxii., 410.
Mass.
Hesolves,
May Session,
chap. 24.

Mass.
Archives,
cexxii., 411;
ccl.xxxv., 28.

CHAPTER 22.

RESOLVE DIRECTING THE BOARD OF WAR TO MAKE ALLOWANCE
TO .JOSEPH HUSE AND OTHERS FOR IRON WORK ON THE STATE
SHIP BUILDING AT NEWBURYPORT.

Ox THE Petition of Joseph Huse and others, setting forth, that
i)y their Agreement made in October last with Jonathan Greenleaf,
Esq., and Messieurs Stephen and Ralph Cross, Agents to the
Board of War, to do the large Iron-Work for the State-Ship build-
ing at Newbury Port, at the Price agreed on, they must be very
great Sufferers, in consequence of the advance price of Labour,
&c. and praying they may have a suitable Allowance for their
Labour:

Resolved, That the Board of War be and they are hereby im-
powered and directed to make such Allowance to the said Huse
and others, the Petitioners, for the large and small Iron-Work
they have done since the last Day of December last, or may here-
after do for said Ship, as to the Board of War may appear rea-
sonable, the aforesaid Agreement made in their behalf with the
Petitioners notwithstanding. [Passed June 2.

CHAPTER 23

Legislative
Records of the
Council,
xxxLx., 271.
Mass.
Archives,
cexxii., 390.
Mass.
Resolves,
May Session,
chap. 26.

Mass.
Archives,
cexxii., 391.
Province Laws,
XX., 587, chap.
446.

RESOLVE EXTENDING THE RESOLVE OF THE 6th OF FEBRUARY
TO ALL OFFICERS AND SOLDIERS SERVING IN THE FIFTEEN BAT-
TALIONS THOUGH THEY BE FOREIGNERS OR INHABITANTS OF
ANY OTHER OF THE UNITED STATES.

On the Petition of Col. Rufus Putnam, praying the same
Provision should be made for the Officers and Soldiers serving
in the fifteen Battalions raised hy this State, who were not In-
habitants thereof, as was made to the Inhabitants of this state
by a Resolve passed in February last:

Resolved, That the Resolve passed the sixth Day of February
last be extended to all Officers and Soldiers serving in the fifteen
Battalions aforesaid and continuing therein, agreeable to said
Resolve, although they be Foreigners or Inhabitants of any other
of the United States. [Passed June 2.

T^egislative
Itecords of the
Council,
xxxix., 271.
Mass.
Archives,
cexxii., 393.
Mass.
Resolves,
May Session,
chap. 25.

Province
Laws, XX., 713,
chap. 758.

CHAPTER 24.

RESOLVE DIRECTING THE TREASURER TO RECEIVE IMONEY OF THE
STATE LOTTERY UNTIL JUNE 5th.

Resolved, that the Hon. Henry Gardner Esq. Treasurer, receive
of the Committee of the State Lottery any Money said Commit-
tee have on Hand, or any they may take for State Tickets, until
the fifth Day of June next. [Passed June 2.

[1st Sess.] Resolves, etc. — 1779-80. 17

CHAPTER 25.

RESOLVE EMPOWERING NATHANIEL GORHAM, ESQ., AGENT, TO
LEASE DR. SYLVESTER GARDINER'S ESTATE BY PRIVATE CON-
TRACT FOR SHORT TERMS ONLY.

Whereas Nathaniel Gorham, Esq. Agent on the Estate of Dr. Legislative
Sylvester Gardiner, was by his Absence on public Business neces- coundf °^ ^^^
sarily prevented from leasing the said Estate at the Time pre- xxxix., 272.
scribed by the Resolutions of the General Assembly of this State Archives,
on the 17th Day of February last; and whereas, under the present >iag" ' '^^^
Circumstances of that Estate, it may be more advantageous to the Hesoives,
Public that it should be leased for a shorter Time and in a differ- chap. 22*'°"'
ent Manner: Therefore I'rovince '

Resolved, That Nathaniel Gorham Esq., Agent as aforesaid, be ]:{^^'^' ^^' ^~^'
and hereby is impowered and directed to lease the said Estate by
private Contract, at his Discretion, in the most advantageous
Manner he can, from Time to Time, for three Months only, till
the further Order of this Court, any Resolve of the General
Assembly to the Contrary notwithstanding. [Passed June 2.

CHAPTER 26.

RESOLVE LIBERATING DAVIS HATCH, BENJAMIN PROCTER, AND
JOHN BUTLER FROM BOSTON GAOL, ON GIVING SUFFICIENT
BONDS.

The Committee to whom was referred the Petitions of Da\-is Legislative
Hatch, Benjamin Procter, and John Butler, now Prisoners in the Coundf,"
Gaol in this Town, praying that a special Court may be ap- ^f^ss ' ^""'
pointed for their Trial, or that they may be enlarged upon giving Archives^
sufficient Bail, having taken the same petitions into Considera- Mas" '
tion, and enquired into the subject matter thereof, beg leave to ^^ay''se«iou
report the following chap. 23.

Resolved, That Davis Hatch, Benjamin Procter, and John Mass.
Butler, who stand committed to the Gaol in Boston by Warrant TOxxiir372-383.
of the Council of this State; be liberated from their Imprison- Province

(, . . ,-,^ . . ,, . . Laws, XX., (ii.j,

ment m virtue or said Warrant, upon their severally entering into chap. ess.
Recognizances with good and sufficient Sureties, in the sums
hereinafter mentioned, for their Appearance at the Superior Court
of Judicature, &c. next to be holden at Boston, in and for the
County of Suffolk, then and there to make Answer to such Matters
and Things as shall be objected against them, and not to depart
without Licence of that Court, and in the mean time to be of the
Peace and good Behaviour, and particularly that they hold not
any Correspondence or Intercourse with the Enemies of the
United States of America, that the said Davis Hatch and
Benjamin Proctor severally enter into Recognizance as aforesaid
in the Sum of Three Thousand Pounds for themselves, and their
Sureties in the Sum of Fifteen Hundred Pounds each, and that
the said John Butler enter into Recognizance as aforesaid in the
Sum of Five Hundred Pounds for himself, and his Sureties in the
Sum of Two Hundred and fifty Pounds each.
Read and Accepted. [Passed June 2.

Resolves, etc. — 1779-80. [Chaps. 27-30.]

CHAPTER 27.

RESOLVE PERMITTING JOSHUA WINSLOW, ESQ., TO GO TO NOVA

SCOTIA.

Legislative
Records of the
Council,
xxxL\., 273.
Mass.
Archives, _
ccxxii., 383.
Mass.
Resolves,
May Session,
chap. 30.

Mass.
Archives,
ccxxii., 386.

The Committee of both Houses on the petition of Joshua
^Yinslow, Esq. have attended the Service Assigned them and re-
port the following Resolve which is Submitted

William Sever per Order

Resolved, That Joshua Winslow, Esq. of Marsh field, be per-
mitted to leave this State and proceed to Nova Scotia for the
Purposes in his Petition mentioned, but that he be not at Liberty
to return without leave from the General Assembly, or in the Re-
cess of the Court, of the Council of this State.

Read and Accepted. [Passed June 2.

CHAPTER 28

vote choosing FIELD OFFICERS OF THE 8th REGIMENT IN
WORCESTER COUNTY.

Legislative
Records of the
Council,
xxxix., 273.
Mass.
Archives,
ccxxii., 3S7.
Mass.
Resolves,
May Session,
chap. 29.

In the House of Representatives
The House, by Ballot, made Choice of the following Gentlemen
as Field-Officers of the eighth Regiment of Militia in the County
of Worcester, viz.

Josiah Carter Colonel

John Rand ....... Lieutenant Colonel

Ebenezer Bridge First Major

Joseph Bellows Second Major

In Council
Read and Concurred.

[Passed June 2.

Legislative
Records of the
Council,
xxxix., 271.
Mass.
Archives,
ccxxii., 412.
Mass.
Resolves,
May Session,
chap. 27.

Mass.
Archives,
ccxxii., 413.

CHAPTER 29.

RESOLVE ACCEPTING THE RESIGNATION OF HON. TIMOTHY ED-
WARDS, ESQ., DELEGATE TO THE CONTINENTAL CONGRESS.

Whereas the Hon. Timothy Edwards, Esq. has signified to this
Court his Desire of being excused from serving as a Delegate to
represent this State in Congress the Present Year: Therefore

Resolved, That the Resignation of the Hon. Timothy Edwards,
Esq. as Delegate for this State in the Continental Congress, be and
hereby is accepted. [Passed June 2.

CHAPTER 30.

VOTE ACCEPTING REPORT ON COL. SHEPARD'S LETTERS REGARD-
ING GEN. GLOVER'S BRIGADE.

The Committee of both Houses to whom was referred the

I>egislative

Records of the » >-, , tttt'ii* ii/~ii it -iii i

Council.^ Letters of Col. [Wilham]^ Shepard, have considered the same, and

mSs." ^' are of opinion that his Complaint in regard to the Officers in the

^cx*'xii^^l29 ^evf Arrangement, is without foundation, as your Committee do

1 Massachusetts Archives, ccxxii., 431.

[1st Sess.] Resolves, etc. — 1779-80. 19

not find but one Officer in the Returns made, that is mentioned ^relives
as being of the New Arrangement, and that he has received his ccxxii., 430,
Moiety agreeably to the Resolve. As to the Request, that the
whole Sum granted, might be paid at this time in one Note, your
Committee are of opinion that as the other Moiety will soon be-
come due, it will not be expedient to supersede the Resolve of the
Sixth of February last. The Request of Col. Shepard respecting
the Chaplain in Brigadier [John]^ Glover's Brigade has been com-
plied with by the Resolve passed this Day on the Petition of Col.
Rufus Putnam.

all which is humbly Submitted

Samuel Niles by Order
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed June 3.

CHAPTER 31.

VOTES APPOINTING COMMITTEE TO SET OFF PART OF WALPOLE
TO DEDHAM IF THEY THINK IT REASONABLE, AT THE CHARGE
OF THE PETITIONERS.

The Committee of both Houses, on the Petition of Joseph ^^^rds'ofthe
Richards and others. Inhabitants of the Town of Walpole, praying Council,
that they, with their Families and Estates, may be set off from m^'.'
the said Town of Walpole to the Town of Dedham, there to do ^^'•■''''lis
Duties and receive Privileges, have examined the Petition, the Mass. '
Answer thereto, and heard the Parties, and are unanimously of May'sSion,
Opinion, that a Committee be appointed to repair to the said ^ ^'^p- '^^-

Town of Walpole, view the Premises, hear the Parties and if ^|tass.
they shall think it reasonable, that the Petitioners should be set ccxxii, '^420-
off from Walpole to the Town of Dedham, then to draw the '^^^'
dividing Line, first giving seasonable Notice to the Parties of the
Time and Place of their Meeting, and report to this Court their
Doings, the Charges of the Committee to be borne by the Peti-
tioners.

Aakon Wood per Order.

In Council Read and Accepted

In the House of Representatives, Read and Concurred and
Capt. [Elisha]- May and Mr. [Lemuel]^ Kollock with such as the
Honourable Board shall join are appointed a Committee for the
purpose abovementioned.

In Council Read and Concurred and Jabez Fisher Esq. is joined.
[Passed June 3.

CHAPTER 32.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY THE COM-
MISSARY AT DARTMOUTH WITH 600 WEIGHT OF RICE IN LIEU
OF BREAD, AND GRANTING HIM £600 ADDITIONAL TO PURCHASE
OTHER PROVISIONS.

Ox THE Representation of the Commissary appointed to sup- Legislative

ply the Troops stationed at Dartmouth: &c1f.°^*^^

Resolved, That the Board of War be and they hereby are re- xxxix., 275.

' Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 508.

2 Of Attleborough.

3 Of Wrentham.

Resolves, etc. — 1779-80. [Chaps. :]:], :]4.\

Mass.
Archives,
ccxxii., 435.
Mass.
Resolves,
May Session,
chap. 31.

Mass.
Archives,
ccxxii., 436,
437; cclxxxv.,
29. Province
Laws, XX., 660,
chap. 627.

quired forthwith to supply said Commissary with Six Hundred
Weight of Rice, for the Use of said Troops, in lieu of Bread, if
they have that Quantity on Hand, if not the said Board of \Yar
be and they hereby are required to apply to Maj.-Gen. [William]^
Heath for the Loan of said Quantity of Rice, out of the Rice now
at Dartmouth, belonging to this Continent, and that there be paid
out of the public Treasury of this State the Sura of Six Hundred
Pounds to said Commissary, in addition to Three Hundred Pounds
already granted him by a Resolve of the General Court of this
State, passed the tenth of April last, each of said Sums for the
purpose of enabling said Commissary to purchase other Provisions
for supplying said Detachment; said Commissary to be account-
able to this Court for the Expenditure of said Rice and Money.
[Passed June 3.

Legislative
Records of the
Ck)uucil,
xxxix., 275.
Mass.
Archives,
ccxxii., 438.
Mass.
Resolves,
May Session,
chap. 38.

Province
Laws, XX., 683,
chap. 683.

CHAPTER 33.

RESOLVE EMPOWERING SELECTMEN TO IMPRESS TEAMS AND CAR-
RIAGES OF TEAMSTERS NEGLECTING TO CONVEY STORES TO
SPRINGFIELD, PROVIDE DRIVERS FOR THE SAME, AND ADDI-
TIONAL TEAMS IF NEEDED.

Whereas it hath been represented to this Court that many
Teamsters who lately took loads of Shoes, Stockings, Blankets
and other Articles from the public Stores in the Town of Boston,
for the Use of the Army, have stopped at their own Houses, and
cannot be prevailed upon to go with that Expedition which the
Service requires: Therefore

Resolved, That the Selectmen in the several Towns in this State,
in which any Teamster carrying Cloathing or Stores to Spring-
field, for the Use of the Army, shall stop and unreasonably delay
to forward said Stores he has undertaken to convey, be and they
hereby are impowered and directed to impress the Teams and
Carriages belonging to such Teamsters and provide Drivers for
the same; and where the Teams so stopped are not able to per-
form the Journey, then to impress such Teams as are sufficient,
and commit them to the Conductor appointed to take the Charge
of the same, and bring the Account of their Expences and Serv-
ices to the Committee on Accounts for Allowance, as directed by
a Resolve of the first of May 1779. [Passed June 3.

CHAPTER 34

Legislative
Records of the
Council,
xxxix., 276.
Mass.
Archives,
ccxxii., 415.
Mass.
Resolves,
May Session,
chap. 36.

Mass.
Archives,
ccxxii., 416,
417. Province
Laws, xix., 88,
chap. 207; 246,
chap. 600.

RESOLVE INCREASING PENSIONS OF WILLIAM SNELL AND NA-
THANIEL CONANT, UNTIL FURTHER ORDER, ON ACCOUNT OF
INCREASED PRICES OF PROVISIONS AND EVERY OTHER NECES-
SARY OF LIFE.

On the Petition of William Snell and Nathaniel Conant,
praying for a larger Sum to be allowed them as a yearly Pension
than what was granted them by a Resolve of a former General
Court, on account of the increased high Price of Provisions and
every other Necessary of life:

Resolved, That there be allowed and paid to the said Williani
Snell, Thirty-two Pounds yearly for his Support; and to the said
Nathaniel Conant, Twelve Pounds yearly for his Support: sai<l
yearly pension to Commence the third Instant, and continue till
further Order of the General Court. [Passed June 3.

I Mas.sachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

IlsT Sess.] Resolves etc. — 1779-80. 21

CHAPTER 35.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY SAMUEL
FREEMAN, ESQ., CLERK OF THE HOUSE OF REPRESENTATIVES.
WITH CLOTH, ETC. FOR A SUIT OF CLOTHES, IN PART PAYMENT
OF HIS SALARY, TAKING TRIPLICATE RECEIPTS.

On the Representation of Samuel Freeman, Esq. setting Legislative
fortli that he has been able to obtain only a small Part of the g^rdi'"^*''^
Sum granted him the last Year as Clerk of the House of Repre- ^ix-. 276.
sentatives, and praying that the Board of War may be directed Archives,
to furnish him with Materials for a Suit of Cloaths, to be con- jj^g"- '*^^-
side red as Part of said Grant: m^" Session

Rcsohrd, That the Board of War be and they are hereby directed chap. 39.
to furnish the said Samuel Freeman, Esq. with Cloth and other Mass.
Articles sufficient for a Suit of Cloaths, at a reasonable Price, the ^J^^-"^'^|4o
Amount thereof to be considered as in part discharge of the Province
Warrant for the Sum granted him as aforesaid, and that they chap.' 483.'
take triplicate Receipts therefor, one of which to be lodged in
the Secretary's Office and one in the Treasurer's Office. [Passed
June 3.

CHAPTER 36.

RESOLVE REFUSING QUIET POSSESSION TO TIMOTHY RUGGLES OF
HIS FATHER'S ESTATE IN HARDWICK, BUT GRANTING SAME
RENT FREE UNTIL FURTHER ORDER, UNLESS THE ESTATE
PROVE INSOLVENT.

On the Petition of Timothy Ruggles, praying that he may be Legislative
quieted in the Possession of about Sixty Acres of Land and Build- councif," * ^
ings, which his Father bought of Isaac Thomas, where he now ^^^■' 277-
dwells in Hardwick, for Reasons in his Petition mentioned: Archives.

Resolved, That the Demand which this Government has against Mas" '
him for the Improvement of the Premises, for the Time past, be Ma^°^sSion
remitted to him; but as the Debts of his Father remain unsettled, chap. 32.

this Court do not think proper to make an Order for the quieting Mass.
him in Possession of the Premises finally. Nevertheless, that he ^^^?ii^^|42.
have Liberty to continue on the Premises and occupy and receive
the Profits thereof, Rent-free, unless the Estate shall prove in-
solvent, until the further Order of the General Court. [Passed
June 3.

CHAPTER 37.

VOTE CHOOSING JOHN BRIDGE SECOND MAJOR OF THE 3rd REGI- Le-'islative

MENT IN MIDDLESEX COUNTY. Records of the

Council,
xxxix., 277.

In the House of Representatives Mass.

The House, by Ballot, made Choice of Mr. John Bridge, as ccxxU., 443.
Second Major of the third Regiment of Militia in the County of Resolves.

Middlesex. May Session,

T /-^ M chap. 33.

In Council

Read and Concurred. [Passed June 3.

Resolves, etc. — 1779-80. [Chaps. 38,39.]

CHAPTER 38.

RESOLVE DIRECTING ISSUANCE OF A NEW STATE NOTE, DATED
•MAY 21, 1777, TO JOSEPH KINGSBURY, SON OF PHCEBE GAY, TO
REPLACE ONE LOST BY FIRE.

Legislative
Records of the
Council,
xxxix., 277.
Mass.
Archives,
ccxxii., 447.
Mass.
Resolves,
May Session,
chap. 37.

Mass.
Archives,
ccxxii., 448, 449.

O.v THE Petition of Phebe Gay,^ in behalf of her son Joseph
Kingsbury, an Infant, setting forth that Jeremiah Kingsbury,
jun., Guardian to the said Joseph, had in his Possession a Note
signed by Henry Gardner, Esq., Treasurer of this State, to Nathan
Smith for Ten Pounds eight ShiUings, which Note was the Prop-
erty of the said Joseph, and that it was lost by Fire when the said
Jeremiah's House was burnt the 21st of May 1777, and prays the
Interposition of this Court:

Resolved, That Henry Gardner, Esq., Treasurer of this State,
be and he hereby is directed to give another Note for the same
Sum of Ten Pounds eight Shillings to the said Joseph Kingsbury,
bearing Date May 21, 1777, on Interest, in full for that which was
lost as aforesaid, payable May 21, 1780. [Passed June 3.

CHAPTER 39.

RESOLVES DISCHARGING THE TREASURER OF £337,249. 19s. DULY
BURNT, AND OF A DEFICIENCY OF £128. 16s. CAUSED BY HURRY
AND MISTAKES OF SOME OF HIS EXTRA CLERKS.

Legislative
Records of the
Council,
xxxix., 278.
Mass.
Archives,
ccxxii., 445.
Mass.
Resolves,
May Session,
chap. 34.

Archives,
ccxxii., 444.
Province
Laws, XX., 599,
chap. 487.

The Committee of both Houses appointed the Ninth of Febru-
ary last, to examine and take Account of the Bills of Credit
emitted by this State of Six Shillings and upwards, which were
ordered to be called in, and for which Notes were ordered to be
given, and to report to the Court the Amount of the same and
of the Notes given therefor, and to burn said Bills when examined
as aforesaid, first giving the Treasurer a Receipt for the same,
having carefully examined every Bundle of Money shewed them
by the Treasurer, counted every Bill, corrected every Error,
beg Leave to report the following State of Facts, \nz. That Henry
Gardner, Esq. Treasurer of this State, has agreeable to the Orders
of Court, issued his Notes to sundry Persons mentioned in his
Book kept for that Purpose to the Amount of Three Hundred and
thirty-seven Thousand Three hundred and seventy-eight Pounds
fifteen Shillings, payable in March 1781 and 1782, for which said
Treasurer has exhibited only Three hundred and thirty-seven
Thousand Two hundred and forty-nine Pounds nineteen Shillings
in said Paper Currency, which last Sum your Committee have
actually burnt, and a Balance of One hundred and twenty-eight
Pounds sixteen Shillings is now due from the Treasurer being a
Deficiency unaccounted for; which Deficiency your Committee ap-
prehend arises as well from the great Hurry in which the Treasurer
was obliged to receive in the Money, as from Inadvertence in
some of his Extra Clerks in reducing Dollars into Pounds, your
Committee apprehend that as the Government nor Treasurer are
ever likely to be benefited by said Deficiency, that it would be ex-
pedient that the Treasurer should be discharged of the said Sum
of One Hundred and twenty-eight Pounds, sixteen Shillings.
All which is humbly submitted

Moses Gill per Order.

1 Legislative Records of the Council, xxxix., 277, reads erroneously Gray; the
name is Gay. — See Massachusetts Archives, ccxxii., 449.

[1st Sess.] Resolves, etc. — 1779-80. 23

The foregoing Report, being read, is hereby accepted, Where-
upon

Resolved, That Henry Gardner, Esq. be and he hereby is dis-
charged of the aforesaid Sum of Three Hundred and thirty-seven
Thousand, Two Hundred and forty-nine Pounds, Nineteen Shil-
hngs, which has been burnt as above mentioned. Also

Resolved, That he be and he hereby is discharged of the Sum of
One Hundred and twenty-eight Pounds, Sixteen ShilHngs, being
a Deficiency unaccounted for, as in said Report is set forth.
[Passed June 3.

CHAPTER 40.

RESOLVES ADDING MEMBERS TO COMMITTEE ON ACCOUNTS. Legislative

Records of the
Council,

Whereas it is necessary that an additional Member should be -^j^f^g ■ -'^•
made to the Committee of Accounts: Archives,

Resolved, That Samuel Osgood, Esq. be and he hereby is added Mas" ' " '
to said Committee. Also jilyklsion

Resolved, That Maj. Joseph Hosmer be of the said Committee, chap. 42.
in the room of Thomas Durfee, Esq. chosen a Councillor. [Passed Ante, p. 9,
June 4- '^^^- ^■

CHAPTER 41.

RESOLVE PERMITTING MARY HARROD TO GO TO NEW YORK, BY
WAY OF RHODE ISLAND.

On the Petition of Mary Harrod, praying for Liberty to go to Legislative

XT„,,,^ "V-,».U . " Records of the

New York: Council,

Resolved, That the Prayer of said Petition be granted, and that ^^^^' 279-
the said Mary Harrod be and she hereby is permitted to go from Archives,
this State, to the City of New-York, by the Way of Rhode-Island, ^r *^^-
and to carry with her one Trunk, containing only her necessary Resolves,
Apparel, suljject to Examination by the Committee of Safety of chap. 44.

the Town to which said Mary belongs, who are to prevent her Mass.
conveying any unfriendly Information to the Enemy by Letters, ^l^jir'^leo
and that she be not permitted to return again to this State.
[Passed June 4-

CHAPTER 42.

RESOLVE CORRECTING ERROR OF £97. 14s. 3d. IN TAXES OF HAR- Legislative

WICH AND EASTHAM. Records of the

Council,
xxxix., 2S1.

On the Petition of Solomon Freeman, Esq. of Harwich, setting -^=1^^ ^
forth that there had been a Mistake with respect to Taxes set on ccxxii., 453.
the Towns of Harwich and Eastham, in the Year 1777: Resolves,

Resolved, That the Sum of Ninety-seven Pounds, fourteen Shillings ^Jay Session,
and three Pence be deducted from the next Tax to be set on the ^^^^'

Town of Harwich, and that the aforesaid Sum be Set to the Town Ar^chives.
of Eastham, in the next Tax that shall be made. [Passed June 4- <^<^^"''' • ^5*-

Resolves, etc. — 1779-80. [Chaps. 43-45.]

CHAPTER 43

RESOLVE DIRECTING SELECTMEN OF ADJACENT TOWNS TO SUP-
PLY CONTINENTAL SOLDIERS' FAMILIES IN UNINCORPORATED
PLANTATIONS WHOSE INHABITANTS NEGLECT TO DO SO.

I-egislative
Records of the
Council,
xxxix., 281.
Mass.
Archives,
cccxii., 455.
Mass.
Kesolves,
May Session,
chap. 40.

isiass.
Archives,
ccxxii., 456.
Province
Laws, XX., 150,
chap. 406; 587,
chap. 446.

Whereas it is represented that there are within this State
sundry unincorporated Plantations, and that the Families of Con-
tinental Soldiers in the Army for such Plantations are not suffi-
ciently provided for:

Resolved, That when the Inhabitants of any Plantation within
this State shall neglect or refuse to supply the Families of Con-
tinental Soldiers returned and serving for any such particuler
Plantation with reasonable Subsistance and Support as is required
by two Resolves of the General Court passed October 10, 1777
and February 6, 1779, the Selectmen of the adjacent Town who
usually taxes such Inhabitants for their Proportion of the State
Tax, are hereby directed and required to furnish the Families of
all such Soldiers with reasonable Support and Subsistance, as is
by the said two recited Resolves required, and exhibit their Ac-
counts to this Court for an Allowance. [Passed June 4-

CHAPTER 44

RESOLVE DIRECTING SELECTMEN OF HOLLISTON TO DELIVER
SUPPLIES TO HENRY LUCKIS (A SOLDIER IN THE CONTINENTAL
ARMY) AND HIS FAMILY.

Legislative
Records of the
Council,
xxxix., 281.
Mass.
Archives,
ccxxii., 450.
Mass.
Resolves,
May Session,
chap. 43.

Mass.
Archives,
ccxxii., 451, 452.
Province
Laws, XX., 159,
chap. 406.

On the petition of Henry Luckis, a Soldier in the Continen-
tal Army in Col. [John]^ Crane's Regiment, praying that his
Family may receive the past Supplies, agreeable to a Resolve of
the General Court of the 10th of October 1777 (he or they having
never received anything in consequence of said Resolve) and that
his Family may be supplied for the future while he continues a
Soldier in the Army:

And whereas it appears to this Court that the said Henry
Luckis, by a Return made in the Secretary's Office, is a Soldier
in the Continental Army and returned for the Town of Holliston,
as Part of their Quota for said Army: Therefore

Resolved, That the Selectmen of the Town of Holliston be and
they are hereby directed to deliver to the said Henry Luckis all
such Supplies, agreeable to said Resolve, that may be his due by
reason of their neglecting to comply with said Resolve for the
Time past, and that they continue to supply said Henry's Family
agreeable to said Resolve. [Passed June 4-

CHAPTER 45

RESOLVE SETTING A HEARING ON PROPOSED CHANGES IN CHARLE
MONT AND GREEN & WALKER'S GRANT.

Mass.
Resolves,
May Session,
chap. 41.

The Committee of both Houses to whom was referred the
Consideration of the Petition of Valentine Harris and twenty-two
others, Inhabitants of Charlemont, praying for a Division of the
same Town, have attended the Service assigned them, and are
of Opinion that it is not expedient at this Time to make any

' Massachusetts Soldiers and Sailors of the Revolutionary War, iv., 83.

[1st Sess.] Resolves, etc. — 1779-80. 25

further Division of the Town of Charleinont; your Committee are
of Opinion that the annexing of Green & Walker's Grant (so called)
laying on the North Line of Charlemont, wouhl be of public
Advantage.

Resolved, That the Petitioners notify the Proprietors of Green &
Walker's Grant (so called) laying on Charlemont North Line, to
shew Cause, if any they have, on the second Wednesday of the
next Sitting of the General Court, why the said Land should not
be annexed to the Town of Charlemont, there to do Duty and
receive Privileges, by serving one of the principal Proprietors of
said Grant with a Copy of this Resolve. [Passed June 4-

CHAPTER 46.

ORDER FURTHER SUSPENDING THE INCORPORATION OF COX
HALL, INCLUDING PART OF SANFORD, AND SETTING A HEARING
ON SAME BY A COMMITTEE.

The Committee of both Houses appointed to take into Con- Legislative
sideration the Petition of the Selectmen of the Town of Sandford, coundf °^ ^'^^
and the Papers accompanying the same, hear the Parties, and re- xxxix., 280.

Mass.

ives.

port what is proper to be done thereon, have attended the Service Arch
assigned them, and are of Opinion that the Operation of the Act ?5'™"' '^^^■
incorporating Coxhall be still suspended, and that a Committee be Resolves,
appointed by the General Court to repair to Sandford and Coxhall ^ap.^47.'*"'"'
and view the same, and report to the General Court in what ^^^ '

Manner Coxhall ought to be incorporated, that is to say, whether Archives,
any of the Land now included within the Bounds of Sandford ought Provmce
to be incorporated with Coxhall; the Expence to be borne as the lh^p'23'll77
General Court shall hereafter order. The Committee that shall chap 39- xx.,
be appointed to notify the Town of Sandford and Proprietors of '^ ^p-
Coxhall of the Time and Place of their Meeting at least thirty
Days before the Day of their Meeting

Which is humbly Submitted

Artemas W' ard per Order.
In Council

Read and Accepted

In the House of Representatives
Read and Concurred and thereupon

Ordered, That Capt. [Joshua] ^ Bragdon and Col. [Joseph]- Prime
with such as the Honorable Board shall join, be a Committee for
the purpose aforesaid
In Council
Read and Concurred and Charles Chauncey, Esq., is joined.
[Passed June 5.^

CHAPTER 47.

RESOLVE GRANTING HENRY RIEDEL, QUARTERMASTER AND EN-
SIGN IN COL. ARMAND'S CORPS, THE PRIVILEGES OF THOSE IN
THE FIFTEEN BATTALIONS.

On the Petition of Henry Riedel, who is a Quarter-Master Legislative
and Ensign in Col. Armand's" Corps, praying for some Relief for coundr^*^^
himself and his distressed Family, that they may not be suffered ^^^"^^ 282.

• ' Mass.

> Of Wells. Archives

^ Of Berwick. '=«'"'"' "^^

3 This date is same in Massachusetts Resolves, but June 4 according to Legisla-
tive Records of the Council.

* Tuffin Charles Armand, Marquis de la Rouerie. — Heitman's Historical Regis-
ter of the Officers of the Continental Army, 73. Armand, Marquis de la Rouerie. —
Massachusetts Archives, clxxiv., 201; clxxvi., 172, 175; cc, 317.

Resolves, etc. — 1779-80. [Chaps. 48-50.]

Mas9.
Resolves,
May Session,
chap. 4S.

Mass.
Archives,
clx.\iv., 201.

to starve while he is jeoparding his Life in the high Places of the
Field in Defence of his Country:

Hrsolvi'd, That Henry Iliedel be and he hereby is intitled to all
the Privileges which he would be intitled to did he belong to the
fifteen Battalions raised in this State. [Passed June 5.

CHAPTER 48

Legislative
Records of the
Council,
xxxix., 283.
Mass.
Archives,
ccxxii., 470.
Mass.
Resolves,
May Session,
chap. 49.

Mass.
Archives,
ccxxii., 471.

RESOLVE GRANTING GRATUITIES OF $100 TO MICAH DAVIS AND
others OF COL. NIXON'S REGIMENT.

On the Petition of Benjamin Heywood, Pay-Master to Col.
[Thomas]^ Nixon's Regiment, in behalf of Micah Davis, Henry
Abbott, Silas Brooks, Adtnatha Blodget and Solomon Blodget,
Soldiers in said Regiment, praying that they may have the Privi-
lege of receiving the One Hundred Dollars Gratuity in the same
Manner as it is given to the other Soldiers in said Regiment:

Resolved, That the Prayer of said Petition be granted and that
there be allowed and paid to Micah Davis and others above-
mentioned the same Gratuity of One Hundred Dollars as it is
paid to the other Soldiers in said Regiment. [Passed June 5.

Legislative
Records of the
Council,
xxxix., 283.
Mass.
Archives,
ccxxii., 462.
Mass.
Resolves,
May Session,
chap. 51.

Mass.
Archives,
ccxxii., 46.3, 464.
Province
Laws, XX.,
637, chap. 573.

CHAPTER 49.

RESOLVE GRANTING £95. 16s. 6d. TO EBENEZER JENKINS FOR PRO-
CURING EVIDENCE AGAINST EDWARD BACON, ESQ.

On THE Petition of Ebenezer Jenkins, praying Allowance for
his Time and Expences in procuring Evidence against Edward
Bacon, Esq. of Barnstable:

Resolved, That there be allowed and paid out of the public
Treasury to Ebenezer Jenkins, Ninety-five Pounds sixteen Shil-
lings and six Pence, in full discharge of his Account for said Serv^-
ice. [Passed June o.

CHAPTER 50

Legislative
Records of the
Council,
xxxix., 284.
Mass.
Archives,
ccxxii., 469.
Mass.
Resolves,
May Session,
chap. 46.

Province
Laws, XX., 676,
chap. 670.

RESOLVE FOR RAISING GUARDS FOR STORES IN BOSTON AND

SPRINGFIELD.

On THE Representation made to this Court by the Hon. Maj.
Gen. [William]- Heath, in a Letter bearing Date June 3, 1779,
setting forth, that the Guards in Boston and Springfield are in-
sufficient to guard the several Stores, and that a Number of Stores
in the Town of Boston remain unguarded:

Resolved, That the Major Part of the Council be and hereby are
desired to issue their Orders to the Commanding Officer of the
Boston Regiment that he supply Maj. Gen. [William] Heath with
such a Number of Officers and iSIen as he shall judge sufficient
for Guards in said Town of Boston, and that they be held four-
teen Days from the Date hereof, keeping an exact Account of the
Number of Officers and Men doing Duty, and that they have
Credit for the same in all future Requisitions made for Men in
said Town of Boston for Guards in this State; and that the Guard
in Springfield be augmented to fifty-six Men, including Officers,
by inlistment. [Passed June 5.

' Massachusetts Soldiers and Sailors of the Revolutionary War, xi., 4S1.
2 Ibid., vii., 684.

[1st Sess.] Resolves, etc. — 1779-80. 27

CHAPTER 51.

RESOLVE SETTING A HEARING AND STAYING ACTION AS TO IRON
BELONGING TO JOHN McWHORTER OF TAUNTON, STOPPED BY
THE COMMITTEE OF INSPECTION OF STOUGHTON IN 1775, PUR-
SUANT TO A RESOLVE OF THE PROVINCIAL CONGRESS.

On the Petition of John Witliington and others, who were Mass.
elected and acted as a Committee of Inspection for the Town of May" Session,
Stoiighton, A.D. 1775, setting forth, that in Obedience to a Re- chap, so,
solve passed by the Provincial Congress of this State, they stopped Mass.
upwards of a Ton of Iron, the Property of John McWhorter of ccx^xili^^Me,
Taunton, by seizing and storing the same in the Town of Stough- ^n-sis.
ton, which Iron they had every probable Reason to suspect was
designed for the Use of the British Army; said Iron was since sold
by said Committee sometime in the Year 1776, and a formal
Tender made of 24s. per Hundred for said Iron, and Interest from
the Time it was seized and stored, which said McWhorter refused,
and has since commenced an Action of Trespass against four
Persons who were Actors in seizing said Iron, for £486, Lawful
Money, which is to be brought upon Trial next Week at Taunton
Court, as set forth in said Petition:

Resolved, That the Petitioners serve the said John McWhorter
with a Copy of said Petition, together with this Order thereon,
that he may shew Cause, if any he have, on the second Wednes-
day of the next Sitting of this Court why the Prayer of this Peti-
tion should not be granted; and the Action commenced against
the Persons mentioned in said Petition be stayed in the mean
Time. [Passed June 5}

CHAPTER 52.

RESOLVE PERMITTING JOSEPH DOMETT, PRISONER IN BOSTON
GAOL, TO LEAVE THE UNITED STATES, TAKING HIS WIFE JUDITH
IF SHE INCLINES TO GO.

Upon the Petition of Joseph Domett, shewing that he was Legislative
committed to the Gaol in Boston, on Suspicion of holding a counclf °^ *^^*'
criminal Correspondence with the Enemy, praying that he may be xxxix., 282.
admitted to Bail, on account of his ill State of Health, or that he Archives,
may be permitted to go a voluntary Exile from the United States Mas" ' *'^'
of America, under such Restrictions as shall be judged best: Resolves,

Resolved, That the Prayer of the Petition be so far granted, that chtp.'ir'""'

the said Joseph Domett be permitted to go by the first Cartel Mass.
from this State to any Place in Possession of the Enemy, with so ^''^^o-r'.
much of his Effects as the Committee of Correspondence of Bos- ccxxii., 467.
ton may Judge necessary to support him on his Passage, and to Laws,"xx., 697,
be subject to the Examination of said Committee at the Time of ^^^^- '^^^■
his Departure, to prevent his carrying any unfriendly Information
to the Enemy by Letters, the said Domett not to be permitted
to return again to any of the United States of America; and that
said Domett take his Wife [Judith] ^ with him, if she inchnes to
go, under the same Restrictions that he the said Domett is.
[Passed June 5.^

1 Massachusetts Archives, ccxxiii., 513-14, passed, concurred, June 5, with "Con-
sented to" erased; Committee appointed to consider, by Council and Hou.se, Sep-
tember 5.

* Post, chap. 70.

3 This date is June 7 according to Massachusetts Resolves.

Resolves, etc. — 1779-80. [Chaps. 53, 54.]

CHAPTER 53

Legislative
Records of the
Council,
xxxix., 275.
Mass.
Archives,
ccxxiii., 18.
Mass.
Resolves,
May Session,
chap. 64.

Mass.
Archives,
ccxxii., 493-
496; ccxxiii., 16.

RESOLVE FOR DISPATCHING A FLAG OF TRUCE FROM BOSTON TO
NEW YORK WITH NAVAL PRISONERS FOR EXCHANGE.

Whereas from the Number of Americans now Naval Prisoners
at New York, and from the large Number of British Sailors now
Prisoners in this State, who are supported at great Expence, it
will be most for the Interest of the State that a Cartel should be
sent to New York to negociate an Exchange of such Prisoners:
Therefore

Resolved, That the Major Part of the Council be and they
hereby are requested to direct the Commissary of Prisoners for
this State forthwith to take up a Vessel and despatch her as a
Flag of Truce to New York, with such a Number of British
Sailors now on board the Guard-Ship in the Harbour of Boston,
as the Major Part of the Council shall judge proper for Exchange.
[Passed June 7.^

CHAPTER 54.

RESOLVE GRANTING TRIAL OF THE CASE OF THE BRIGANTINE
VENUS IN THE MARITIME COURT AT BOSTON THOUGH FILED AT
PLYMOUTH.

Legislative
Records of the
Council,
xxxix., 283.
Mass.
Archives,
ccxxii., 499.
Mass.
Resolves,
May Session,
chap. 58.

Whereas the Hon. Nathan Cushing, Esq., Judge of the Mari-
time Courts in and for the Southern and Middle Districts, hath
appointed a Maritime Court to be held at Plymouth, in and for
the Southern District, on Wednesday the 16th Day of June cur-
rent, for the Trial of the Justice of the Capture of the Brigantine
^'enus (among other Vessels) upon the Libel of Samuel Foster and
others, since the filing of which Libel the said Brigantine hath
been brought into the Port of Boston, in the Middle District;
and whereas the Superior Court of Judicature, &c. is to be held
at Ipswich, in and for the County of Essex, on the same Week,
by means whereof the Parties in said Case will be deprived of
their Counsel, who are under a Necessity of attending the said
Superior Court of Judicature: Therefore

Resolved, That the Trial of the Justice of said Capture be had
at the Maritime Court next to be held at Boston, in and for the
Middle District (the said Libel being filed in the Maritime Court
in and for the Southern District notwithstanding) in like Manner
and Form, to all Intents and Purposes, as the same would have
been had, in case the said Libel had been originally duly filed in
said Middle District; and the said Judge is directed to give season-
able Notice hereof to all concerned. [Passed June 7 }

' This date is same in Massachusetts Resolves, but is June 3 according to Legis-
lative Records of the Council.

2 This date is same in Massachusetts Resolves but is June 5 according to Legisla-
tive Records of the Council.

[1st Sess.] Resolves, etc. — 1779-80. 29

CHAPTER 55.

RESOLVE PERMITTING PETER ROE DALTON TO SELL CONDEMNED Legislative

PROVISIONS, BELONGING TO THE UNITED STATES, AT AUCTION. Records of the

Council,
xxxix., 285.

On the Petition of Peter Roe Dalton, praying for Leave to Ar'^chives,
dispose at public Vendue of a Quantity of condemned Provisions, ccxxii., 497.
the Property of the United States: kfloives,

Resolved, That the Prayer thereof be granted, and that the said ^tp.%'.''°"'
Peter Roe Dalton have Leave to dispose of the same at public ^j[^^

Auction, any Resolve of the General Court to the contrary not- Archives,
withstanding. [Passed June 7. "'''"'"• ''^^•

CHAPTER 56.

RESOLVE ENTITLING WILLIAM STEVENS AND OTHERS, OFFICERS
IN COL. LAMB'S REGIMENT, TO THE SAME PRIVILEGES AS THOSE
IN THE FIFTEEN BATTALIONS.

On the Petition of William Stevens, Captain in Col. [Johnji R|ford*s'of the
Lamb's Regiment of Artillery, in behalf of himself and Capt. Council, _
Theodore Bliss, also Joseph Savage, Joseph Thomas, Ephraim Mass,' "^^'
Fenno, Edward Archibald [Archbald]^ Captain-Lieutenants and ^J^f^'lj^'^g'
Elisha Harvey, Lieutenant in the same Regiment, praying that Mass. '
they may be indulged with the same Favours and Gratuities that May°SMsion,
Officers of the same Rank are intitled to in the fifteen Battalions ^^ap. 57.
raised by this State: Mass.

Resolved, That the said William Stevens and Theodore Bliss, ccxxiine.
Captains, Joseph Savage, Joseph Thomas, Ephraim Fenno, Edward
Archibald [Archbald] Captain-Lieutenants, and Elisha Harvey,
Lieutenant, be and hereby are intitled to all the Privileges and
Favours granted by this State to Officers of the same Rank in
the Fifteen Battalions raised by said State. [Passed June 7.

CHAPTER 57.

RESOLVE GRANTING GRATUITIES OF $100 TO JOHN INGALSBEE AND
OTHERS OF COL. NIXON'S REGIMENT.

On the Petition of John Ingalsbee, Nathan Davis, Eli Keyes, Legislative
Francis Noble, John Priest, David Stratton and Robert Thomp- g^^°''4f "f*^®
son. Soldiers in Col. Thomas Nixon's Regiment, praying this xxxix., 285.
Honored Court would condescend to grant them the Gratuity Archives,
of One Hundred Dollars, in the same Manner as it is given to IHH"" ^'
their brother Soldiers: Resolves,

Resolved, That the Prayer of said Petition be granted, and that chap. 52.^"'"'
there be allowed and paid to John Ingalsbee and others, above Mass.
mentioned, the same Gratuity of One Hundred Dollars as it is Archives,
paid to the other Soldiers in said Regiment. [Passed June 7 . Ante, p. 26,

chap. 48.
' Massachusetts Soldiers and Sailors of the Revolutionary War, xiv., 987.
= Ihid., i., 286.

Resolves, etc. — 1779-80. [Chaps. 58, 59.]

CHAPTER 58.

Legislative
Records of the
Council,
xxxix., 285.
Mass.
Archives,
ccxxiii., 1.
Mass.
Resolves,
Ma>" Session,
chap. 56.

RESOLVES FOR KEEPING CAPT. ROBERT ALLEN, CHARGED WITH
FRAUDULENT ENLISTMENTS, IN BOSTON GAOL UNTIL NEXT SU-
PERIOR COURT AND DIRECTING THE SHERIFF TO RETAIN ALL
MONEYS, ETC., TAKEN FROM HIM.

^YHEREAS one Robert Allen, late a Captain in the Continental
Regiment raised by this State, late commanded by Col. [Ichabod]i
Alden deceased, is apprehended upon a Charge of Forgery and de-
frauding several Towns within this State of large Sums of Money,
upon Pretence of having inlisted divers Soldiers into the Con-
tinental Service on their Account, and as the Attorney-General
has informed this Court that the Witnesses against the said Allen
cannot at present be had, by reason of their residing at a distance
from Boston, where the said Allen is now committed to Gaol for
further examination; and whereas there was found upon the said
Allen, when he was formerly apprehended and made his Escape, a
considerable Sum of Money which by the Council was ordered
into the keeping of the Sheriff of the County of Suffolk, and an-
other Sum of Money, together with a Loan Office Certificate has
now also been found upon him; and whereas it is highly reason-
able that the Government should be reimbursed the Costs and
Expences they have been at in apprehending the said Allen, and
may further expend in prosecuting him upon the said Charges:
Therefore

Resolved, That the said Allen be and remain committed unto the
Gaol aforesaid until the Attorney-General may have an opportu-
nity to procure the Witnesses against said Allen, provided that he
shall not stand committed for that Cause after the next Term of
the Superior Court of Judicature, &c. to be held at Boston in and
for the County of Suffolk. And be it further

Resolved, That the Sheriff for the same County be and he hereby
is directed to receive and retain in his Hands all the said Monies
and Certificate, to the End that the Costs, Charges and Expences
aforementioned be paid and satisfied out of the same, and the
Residue, if any, be subject to the future Order of the Court.
[Passed June 7.

CHAPTER 59.

RESOLVE DIRECTING THE INHABITANTS OF CHESTERFIELD GORE
TO PAY THEIR STATE TAXES TO CHESTERFIELD.

Legislative
Uecorcls of the
Council,
xxxix., 280.
Mass.
Archives,
ccxxiii., 'A.
Mass.
Resolves,
May .Session,
chap. 61.

Mass.
Archives,
ccxxiii., 4.
Province
Laws, XX.,
383, chap. 993.

On the Petition of the Selectmen of Chesterfield, in behalf of
said Town, shewing that in Consequence of an Order of the Gen-
eral Court passed in the Year 1778, the Inhabitants of a Gore of
Land joining to said Chesterfield, and which had been taxed
there, were admitted to certain Privileges, and in particular from
paying Taxes to the Town of Chesterfield, notwithstanding which
the said Town of Chesterfield hath been taxed as much as they
were before the passing said Order, and the Inhabitants of said
Gore not being taxed by themselves, they were taxed to the Town
of Chesterfield.

Resolved, That the Inhabitants of said Gore pay their State
Taxes to the Town of Chesterfield, until such Time as the Taxes
shall be made upon the last Valuation, any Resolve of this Court
to the contrary notwithstanding. [Passed June 7.

' Massachusetts Soldiers and Sailors of the Revolutionary War, i., 107.

[1st Sess.] Resolves, etc. — 1779-80. 31

CHAPTER 60.

RESOLVES PERMITTING STEPHEN ELDREDGE TO GO TO NOVA
SCOTIA AND RETURN WITH HIS EFFECTS WITHIN SIX MONTHS.

On the Petition of Stephen Eldredge, praying that he might Legislative
have Liberty to go to Nova Scotia and bring his Effects into this Council,

State: Mass.'

Resolved, That Stephen Ekh'edge be permitted to take passage Archives
in the Schooner Kingfisher, Capt. Rider, Master now laying at Mass. '
Newbury Port, to go to Nova Scotia and bring his Effects into Ma^y session,
tliis State, and all Masters of armed Vessells in the Service of the chap. 63.

United States or either of them, excepting this State, are desired Mass.
not to molest or hinder the said Stephen Eldredge in his Passage, 00x^11^561.
and all Masters of armed Vessells in the Service of this State are
directed not to molest or hinder the aforesaid Stephen Eldredge
in his Passage from hence, and in his Return back again to this
State, provided he returns within six Months and it is further

Resolved, That the said Stephen Eldredge be under the Direction
of the Committee of Safety of Newbury Port. [Passed June 7.

CHAPTER 61.

RESOLVE GRANTING £72. 3s. TO EZRA THOMPSON FOR NURSING,
DOCTORING, ETC., JOSEPH JOHNSON, A WOUNDED SOLDIER.

On the Petition of Ezra Thompson, praying Allowance for Legislative
his Expences for Nursing and Doctoring and providing Necessaries coundf,°
for Joseph Johnson, a wounded Soldier: Mass " "^'^'

Resolved, That there be allowed and paid out of the public Resolves,
Treasury to Ezra Thompson, the Sum of Seventy-two Pounds chap. 6o*'"' '
and three Shillings, in full for his Expences set forth in said Peti-
tion. [Passed June 7.

CHAPTER 62.

RESOLVE GRANTING GRATUITIES TO JOSEPH CROCKER AND OTHERS Legislative
OUT OF CONFISCATED ESTATES OF THE LATE GOVERNOR, THOMAS c^df
HUTCHINSON, ESQ., AND OTHERS. xxxlx., 287.

Mass.

On the Petition of Joseph Crocker, Pay-Master to Col. [John]' ccx.xiii., i3.
Greaton's Regiment, and others, praying that they may receive rSvcs,
the Gratuities they are intitled to by a Resolve of the General ^^ Session,
Court of Mav 1st 1778, to be paid by the 1st of December last:

Resolved, That the Prayer of the Petition be so far granted that Archives,
the Treasurer of this State be and he is hereby directed to pay provinci*'
said Gratuities out of the Proceeds of the Confiscated Real Es- Laws, xx. 415,
tates of the late [Governor],^ Thomas Hutchinson Esq. and others, 716, chap. 765.
any prior Appropriation, Resolve, Law or Usage to the contrary
notwithstanding. [Passed June 7.

' Massachusett.s Soldiers and Sailors of the Revolutionary War, vi., 7S8.
' Thomas Hutchinson, Esq., died in Brampton, England, June 3, 17S0.

Resolves, etc. — 1779-80. [Ch.\ps. 03, 04.]

CHAPTER 63.

l.c'sislat.ive
Records of the
Council,
xxxix.. 287.
Mass.
Resolves,
May Session,
chap. 62.

Province
Laws, XX., 128,
chap. 317; 226,
chap. 580; 233,
chap. 597.

RESOLVES APPOINTING A COMMITTEE TO GO TO SPRINGFIELD TO
ENQUIRE INTO PROPOSED PARTITION OF REV. JOHN McKINSTRY'S
PARISH, AT THE CHARGE OF SAID PARISH.

In the House of Representatives

On the Petitions of the Inhabitants of the Rev. Mr. [John]^
Mackenstre's [McKinstry's] Parish in Springfield, the one pray-
ing that the Inhabitants of said Parish on the West Side of Con-
necticut River may be set off and incorporated into a separate
Parish, the other praying that said Parish may not be Divided:

Resolved, That Capt. [David] ^ JNIosely and ISIr. [Timothy]^
Clark, with such as the Honorable Board shall join, be a Com-
mittee to repair to the said Mackenstre's [McKinstry's] Parish in
Springfield, to enquire into the various Matters and Things con-
tained in the said Petitions, and report to this Court on the second
Wednesday of their next Setting. And it is further

Resolved, That the Expences which the said Committee may be
at shall be paid by the whole of said Parish,

In Council Read and Concurred and Timothy Danielson Esq. is-
joined. [Passed June 7.

CHAPTER 64.

VOTE DESIRING THE PRESIDENT OF THE COUNCIL TO SIGN THE
ANSWER TO THE LETTER OF MAJ. GEN. BARON STEUBEN PRE-
SENTING HIS REGULATIONS FOR THE MILITIA.

Legislative
Records of the
Council,
xxxix., 288.
Mass.
Archives,
cci., 101.

Mass.
Archives,
CO., 421-424.

In Council
The Secretary is directed to take said Letter into a fair Draft,
and the President of the Council is hereby desired to sign and
forward the same to the Hon. Maj. Gen. Baron Steuben'* by the
first opportunity

In the House of Representatives
Read and Concurred. [Passed June 7.

Sir

Your favour of the 20th of April I received a few days since,
and am directed by the General Assembly to return you their
thanks for your attention to the welfare of the United States in
general, and particularly of this State, in so important a matter
as the arrangement of their Militia. They have not yet received
a Copy of your Regulations^ mentioned in your Letter; whenever
they shall come to hand you may be assured the established
reputation of Baron Steuben will recommend them to our careful
attention.

In the Name and behalf of the

General Assembly, I am
Your most humble Servant
Maj. Gen. Baron Steuben

> Willis's Genealogy of the McKinstry Family, 1858.

2 Of Westfield.

' Of Southampton.

■• Friedrich Wilhelm August Heinrich Ferdinand, Baron von Steuben.

^ Regulations for the order and discipline of the troops of the United States, Part
I, Philadelphia: printed by Styner and Cist, in Second street, MDCCLXXIX,
copies of which are in the Massachusetts Historical Society, Harvard College Li-
brary, etc. This was the only part printed.

[1st Sess.] Resolves, etc. — 1779-80. 33

CHAPTER 65.

RESOLVE SETTING A HEARING ON PROPOSED CHANGES IN THE Mass.

LINE BETWEEN SOUTHWICK AND WESTFIELD. Resolves,

May hession,
chap. 54.

On the Petition of the Inhabitants of the District of South- ^^53.

wick, praying that the Northerly Line of Southwick may be A''.':^'^^' .,
extended two hundred Rods further North upon Westfield, par- lii; cckxiv.',
allel with the original North Line: Province

Resolved, That the said Petitioners notify the said Town of ^^^^'^■j^' '"*"■
Westfield to shew Cause, if any they have, on the second Tuesday Mass.
of the next Sitting of this Court why the Prayer of the Petitioners se'ptember
should not be granted, by leaving a Copy of said Petition, together ^u®®'°^5q
with a Copy of this Resolve, at least fourteen Days before the
Day above prefixed, with the Clerk of the said Town of Westfield.
[Passed June 7.

CHAPTER 66.

RESOLVES FOR RAISING 800 MEN, OVER SIXTEEN YEARS OF AGE, TO
SERVE IN RHODE ISLAND, PROVIDING COMPENSATION IN ADDI-
TION TO THEIR CONTINENTAL PAY, AND EXEMPTING OFFICERS
AND STUDENTS OF HARVARD COLLEGE, MINISTERS, GRAMMAR
SCHOOLMASTERS, INDIANS, NEGROES, MULATTOES, AND THOSE
WHO PAY A FINE OF £30 OR PROCURE A SUBSTITUTE.

Whereas it appears that an Agreement was made between the Legisiative
four New England States (in Consequence of a Recommendation ^^^"g'if °^ '''"
from Congress) at Springfield, on the 30th of July 1777, to keep xxxix., 289.
up a certain Number of Men in the State of Rhode Island, so Archives,
long as the Enemy kept in force there, and as the Enemy seem ^j^g^" ■ 23-2Si.
determined to maintain the Post in that Quarter, they will have Resoiyes,
it in their Power to make such Depredations as they please, unless chap.' 66.^'°"'
there is sufficient Force to repel them: Therefore Province '

Resolved, That 800 Men, Non-commissioned Officers included, La^s.v 933,
in Addition to those ordered to be raised to be under the Com-
mand of Col. [John]^ Jacobs, be raised, to serve from the Time
of their being inlisted, or detached, until the first Day of January
next, unless sooner discharged, in the following Manner, viz.

Resolved, That the Brigadier or Commanding-Officer of the
County of Suffolk detach or cause to be detached from the Brigade
under his Command Ninety-five Men, to be formed into one
Company, with proper Officers to command them. That the Brig-
adier or Commanding-Officer of the County of Essex detach from
the Brigade under his Command One Hundred and nineteen
Men, to be formed into one Company, with proper Officers to
command them. That the Brigadier or Commanding-Officer of
the County of Middlesex detach from the Brigade under his
Command One Hundred Men, to be formed into one Company,
with proper Officers to command them. That the Brigadier or
Commanding-Officer of the County of Worcester detach from the
Brigade under his Command One Hundred and twenty-four Men,
to be formed into one Company, with proper Officers to command
them. That the Brigadier or Commanding-Officer of the County
of Hampshire detach from the Brigade under his Command One
Hundred and two Men, to be formed into one Company, with
proper Officers to command them. That the Brigadier or Com-
manding-Officer of the County of Plymouth detach from the

1 Massachusetts Soldiers and Sailors of the Revolutionary War, viii., 699.

34 Resolves, etc. — 1779-80. [Chap. G6.]

Brigade under his Command Seventy-four Men, to be formed
into one Company, with proper Officers to command them. That
the Brigadier or Commanding-Officer of the County of Barnstable
detach from the Brigade under his Command Thirty-eight Men.
That the Brigadier or Commanding-Officer of the County of
Bristol detach from the Brigade under his Command Sixty-nine
Men, which, with the Thirty-eight detached from the Barnstable
Brigade, be formed into one Company with proper Officers to com-
mand them, as shall be agreed upon by the two last mentioned
Brigadiers. That the Brigadier, or Commanding-Officer of the
County of York detach from the Brigade under his Command
Forty-five Men. That the Brigadier or Commanding-Officer of
the County of Cumberland detach from the Brigade under his
Command Thirty-four Men, which, with the Forty-five Men de-
tached from the York Bi'igade, be formed into one Company,
with proper Officers to command them, as shall be agreed upon
by the two last mentioned Brigadiers. The aforesaid Eight Com-
panies to compose one Regiment, the Field-Officers to be ap-
pointed by the Honorable the Major Part of the Council, from
the Militia of this State. And that the aforesaid Brigadiers or
Commanding-Officers of Brigades shall forthwith make said De-
tachments, or cause them to be made indiscriminately, from the
Train-Band and Alarm Lists, and all other Male Persons above
the Age of Sixteen Years, excepting the Officers and Students of
Harvard College, Ministers of the Gospel, Grammar School-
Masters, Indians, Negroes, and Molattoes; and form the Men so
detached as aforesaid, and cause them to be mustered before some
Muster-Master appointed in the several Counties, and marched
without Delay, by the most convenient Rout to the Place of their
destination: And that they make Returns to the Major Part of
the Council of the Men by them respectively raised and actually
marched, at or before the Thirtieth Day of June Instant.

Resolved, That there be paid out of the public Treasury of this
State to such Field-Officers as shall be Commissioned by the
Honorable the Major Part of the Council for said Regiment to
the Colonel Forty-five Pounds, to the Lieutenant-Colonel Forty
Pounds, to the Major Thirty-five Pounds per Month, during said
Service. And that there be paid out of the public Treasury of
this State to every Captain so detached. Thirty Pounds per
Month, in Addition to the Continental Pay; to each Lieutenant
Twenty-four Pounds per Month; to each Serjeant Eighteen
Pounds per Month; to each Corporal Seventeen Pounds per
Month, in Addition to said Continental Pay; and to each Private
Sixteen Pounds per Month, in Addition to said Continental Pay.
And that ample Encouragement may be given to Men cheerfully
and speedily to turn out on this Occasion, it is further

Resolved, That the Selectmen of each Town be and they are
hereby directed to pay out of the Treasury of their respective
Towns the sum of Thirty Pounds to each Non-commissioned
Officer and Private, detached and mustered as aforesaid, being
properly armed and equipped; and also the further Sum of 2s
per Mile as Mileage from such Towns to the Place of their Desti-
nation. And such Selectmen or Assessors are hereby empowered
to assess a Tax upon the Polls and Estates of their respective
Towns, according to the Rules of the last preceeding Tax-Act, to
replace the Money they shall take out of the Treasury, or hire
for the Purposes aforesaid, and to commit such Assessment to the
Constable or Collector of their respective Towns, who are hereby
required to collect the same, and in such Collections to proceed
according to the Rules in said Act prescribed. And such Sums so

[1st Sess.] Resolves, etc. — 1779-80. 35

advanced shall be deducted from the next State Tax levied on
such Towns respectively; and to that Intent said Selectmen or
Assessors are hereby required to lodge in the Secretary's Office
an attested Account of the Bounties and Mileage-Money paid by
them, with the proper Vouchers, as soon as may be. It is likewise

Resolved, That if any Person shall be detached by his Officer,
for the Service aforesaid, and shall not, within Twenty-four hours
after he is so detached, pay a Fine of Thirty Pounds, or procure
some able-bodied Man in his room, properly armed and equipped,
he shall be held as a Soldier in said Detachment, and treated as
such; and the Officer who shall receive such Fines shall proceed
to hire Men therewith, or detach others, as the Case may be,
until he hath compleated his Quota. It is also

Resolved, That where there are no Militia Officers, the Select-
men, and where there are no Militia Officers or Selectmen, the
Committee are impowered and directed to do all Duties by this
Resolve enjoined upon Militia Officers or Selectmen.

Resolved, That if any Person shall be detached as aforesaid,
but neglect to procure an able-bodied Man, armed and equipped
in his Stead, or to pay said Fine, for the space of Twenty-four
Hours, the Clerk of the Company to which he belongs, or a
Constable of the Town, shall by Virtue' of a Warrant from the
Commanding Officer of such Company, proceed to recover said
Fine, in the same Manner as Constables are authorized to proceed
to recover Taxes of those persons who neglect or refuse to pay
the same; any Law or Resolve of this Court to the Contrary not
withstanding. Also

Resolved, That the Men detached as aforesaid, shall be imme-
diately marched to Providence, and to be under the Command
of the Continental Officer who has the Chief Command in that
Department. And it is further

Resolved, That the Men who shall be inlisted or drafted from
the Militia of the several Towns in this State, by Force of the
foregoing Resolve, shall be held and returned for the Towns
whereof they are Inhabitants, and no other, and that all Con-
tracts, Bargains and Agreements made with any Person to serve
for any other Town than that whereof he is an Inhabitant, shall
be null and void; unless a Certificate be obtained from the Major
Part of the Selectmen of such Town that their Quota is compleat.
And it is further

Resolved, That the Brigadiers or Commanding-Officers of the
aforesaid Counties, where it may be for the Conveniency and
the good of the Service, and agreable to the Militia, may appoint
Officers other than those belonging to the Militia, who have had
Commissions of equal Rank, and approved good Officers, and
recommend them to the Council, that they may be Commissioned
accordingly. [Passed June 8.

CHAPTER 67.

RESOLVE FOR METHODIZING AND STATING THE ACCOUNTS OF
TOWNS SUPPLYING THE FAMILIES OF SOLDIERS IN THE CON-
TINENTAL ARMY.

Whereas by a Resolve of the late General Court of the Sixth ^-'^^^ds'of he
of February last, it is among other Things resolved, that the CouScif,°
Selectmen and Committees respectively of the several Towns in j^^ ' ^^^"
this State who have supplied the Families of the Soldiers in the Archives
Continantal Army for three Years or during the War, shall make Mass""

Resolves,

Resolves, etc. — 1779-80. [Chaps. G8, 69.]

May Session,
chap. 65.

Province
Laws, XX., 587,
chap. 446.

up their Accounts for past Supplies as soon as may be, and for
future Supplies on the first Day of January yearly, and lay them
before the General Court for Examination and Allowance; and
whereas no Method was provided in said Resolve in what Man-
ner said Accounts should be stated, whereby great Inconvenien-
cies will arise: Therefore

Resolved, That the following Schedule be printed in Hand-Bills
and sent to the several Towns in this State as soon as may be,
and that the Selectmen and Committees of the Several Towns
state their Accounts conformable thereto, and lay them before
the Committee on Accounts for Examination and Allowance, with
the Certificate of their being duly sworn to.

The State of Massachusetts-Bay to the Selectmen or Committee of
the Town of A, Dr.

N. B. Each Soldier's Family
to be in a Column by them-
selves, or Part of a Column,
as the Case may require,
properly footed.

Current
Price of

the
Several
Articles.

Stated

Price of

the

Several
Articles.

The Sums
paid by
Soldiers

Families.

Room

left here
to draw

the
Ballance.

Articles supplied A B's Family
from the Day of to
the Day of

Indian Corn at £1. per Bushel,

Rye at £1.10 per Bushel, .

Pork at Is. per lb

Beef, &c. at lOd. per lb., .

Total,

£.

Total,

£.

s.
4
6
13
16

4
8

Total,

£.

s.
4
6
13
16

Articles supplied C D's Family
from the Day of to
the Day of

Bushels Potatoes at per Bush.
&c. &c.

[Passed June 8.

CHAPTER 68

Legislative
Records of
Council,
xxxix., 289.
Mass.
Archives,
ccxxiii., 20o

the

Mass.
Archives,
ccxxiii., 20,

RESOLVE ACCEPTING THE RESIGNATION OF COL. PAUL DUDLEY
SARGENT OF THE 1st REGIMENT IN ESSEX COUNTY.

In the House of Representatives
Read and thereupon

Resolved, That the Resignation of Col. [Paul Dudley]^ Sargent
be and hereby is accepted.
In Council
Read and Concurred. [Passed June 8.

CHAPTER 69.

Legislative
Records of the
Council,
xxxix., 293.
Mass.
Archives,
ccxxiii., 46.
Mass.
Resolves,
May Session,
chap. 67.

Mass.
Archives,
ccxxiii., 47.

RESOLVE PERMITTING JOHN LOVELL, PRISONER IN BOSTON GAOL
TO GO TO NEW YORK.

On the Petition of John Lovell, now confined in the Gaol in
Boston, praying for Liberty to go to New York:

Resolved, That the Prayer of the Petition be granted, and the
said John Lovell is hereby accordingly permitted to go to New
York by the first Cartel which shall sail to that Port, not again
to return to this State without the Liberty of the General Court
first had and obtained for so doing. [Passed June 9.

I Massachusetts Archives, ccxxiii., 20.

[1st Sess.] Resolves, etc. — 1779-80. 37

CHAPTER 70.

RESOLVE ALLOWING JOSEPH DOMETT THE LIBERTY OF THE GAOL Legislative

YARD UNTIL THE CARTEL IS READY TO CARRY HIM TO NEW ^^^^^ °^ *^^

YORK. xxxix., 2*93.

Mass.

Upon the Petition of Judith Domett praying that her Hus- ccxxiirM.
band Joseph Domett may have Liberty of the Gaol-Yard until Rggoi^gg
such Time as the Cartel shall be ready to carry him to New York: May Session.

Resolved, That the Prayer of the Petition be granted, and the ^ ^ ' "

Sheriff and Deputy Gaoler of the County of Suffolk are hereby ^^ives,
impowered and directed to allow the said Domett the Liberty ^^" ■ '2V
of the Gaol-Yard until such Time as the Cartel shall be ready chap! 52.
to transport him out of the United States, [Passed June 9.

CHAPTER 71.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY CAPT Legislative
CHARLES COLTON WITH SUNDRY ARTICLES IN LIEU OF A SUIT Records of the
OF CLOTHES. S,?294.

Mass.

On the Petition of Capt. Charles Coulton: 4'!SliiLr29.

Resolved, That the Board of War be and they hereby are re- ^^^[^
quired and directed to supply said Capt. Charles Coulton [Colton] ^ May Session,

with such Articles as he shall choose (provided they have such " ^^' ^^'

Articles on Hand) equivalent in Value to a Suit of Cloaths, he ^chives,
paying the Board of War for the same, in the same proportion ccxxiii., 30.
other Continental Officers paid for Cloathing they have already Laws,°xx,, ere,
received. [Passed June 9. '^^^^ ^^^-

CHAPTER 72.

RESOLVE EMPOWERING CALEB DAVIS, ESQ., ONE OF THE MANAGERS
OF THE STATE LOTTERY, TO RECEIVE £432 FOR TICKETS FROM
THE INSOLVENT ESTATE OF BENJAMIN BRADSHAW, AGENT.

On the Petition of Caleb Davis, Esq :

Whereas by an Act for the equal Distribution of Insolvent Legislative
Estates, which is now in force, Debts due to the Crown, the Councif
Sickness and necessary Funeral Charges of the deceased are to m^ss ' ^^*
be first paid (in case his Estate shall be Insolvent) and it being Archives,
made to appear to this Court that the Sum due for the Tickets Mass" '
in his Petition mentioned, is still unpaid and now due from said May'se^s^sion
Estate to the Government and People of this State, and it being chap. 74.
antient Usage to consider the Debts due to this Government Mass.
within the meaning of the act aforesaid: Therefore ^jSdiL?3i.

Resolved, That the Petitioner be and he is hereby impowered Province^
to demand and receive of the Administrator on the Estate of the chap.'ie'.
said Benjamin Bradshaw, deceased the Sum of Four Hundred
and thirty-two pounds Money (it being the Price of the Tickets
in his Petition mentioned) if there be so much remaining in his
Hands as Assets, if not that he may receive the whole after the
Charges of Settlement of the Estate shall be paid; and the Said
Administrator upon his paying the same shall be discharged of
such Sum as he shall pay agreeable to this Order, and the Judge
of Probate with whom he shall account and settle his Adminis-
tration shall allow the same accordingly. [Passed June 9.

* Massachusetts Archives, ccxxiii., 30.

Resolves, etc. — 1779-80. [Chaps. 73-75.]

Legislative
Records of the
Council,
xxxix., 294.
Mass.
Archives,
ccxxiii., 34.
Mass.
Resolves,
May Session,
chap. 69.

Mass.
Archives,
ccxxiii., 33.

Legislative
Records of the
Council,
xxxix., 295.
Mass.
Archives,
ccxxiii., 35.

Resolves,
May Session,
chap. 71.

Mass.
Archives,
ccxxiii., 36, 37.
Province
Laws, XX., 587,
chap. 446.

CHAPTER 73.

RESOLVE PERMITTING COL. JEDUTHUN BALDWIN TO PURCHASE
CLOTHING, ETC., FROM THE BOARD OF WAR.

On the Petition of Col. Jeduthun Baldwin:

Resolved, That in Consideration of the Loss [of Cloaths and
Baggage]^ he has sustained, as set forth in his Petition, he be
permitted to receive of the Board of War, such Articles as he
has mentioned in the Prayer of his Petition, he paying the same
Price therefore as the other Continental Officers pay, and the
said Board are hereby directed to supply him accordingly. [Passed
June 9.

CHAPTER 74.

RESOLVE GRANTING £150, L. M., TO LIEUT. WILLIAM DAWES, RE-
TIRED ON ACCOUNT OF ILL HEALTH.

On the Petition of Lieut. William Dawes, representing that
he served in the Continental Army two Years, and until his
Health was so much impaired that he was obliged to leave the
Service: Thereupon

Resolved, That there be allowed and paid out of the Treasury
of this State unto Lieut. William Dawes, One Hundred and fifty
Pounds Lawful Money, in like manner as is Provided by a Re-
solve of the General Court of the sixth of February last, to be
paid the Subaltern Officers of the Continental Army. [Passed
June 9.

CHAPTER 75.

RESOLVES FOR RAISING 2,000 MEN TO REINFORCE THE CONTINEN-
TAL ARMY BY DRAFT, LOT, OR VOLUNTARY ENLISTMENT. WITH
AN ADDITIONAL BOUNTY OF 100 ACRES OF LAND.

Legislative
Records of the
Council,
xxxix., 295.
Mass.
Archives,
ccxxiii., 38-4 Ic.
Mass.
Resolves,
May Session,
chap. 70.

Mass.
Archives,
ccxxiii., 42-44.
Legislative
Records of the
Council,
xxxix., 302.
Province
Laws, XX., 440,
chap. 53; 702,
chap. 733.

Whereas a Requisition has been made to this Court for a
Reinforcement for the Continental Army, that the same may be
filled up, and not only make a respectable Appearance, but be
able to act vigorously in our Defence through the ensuing Cam-
paign, which by the Smiles of Divine Providence upon our
Exertions, we have reason to hope will close the Scene, and fix
these United States in full Possession of those Rights and Priv-
ileges we have so long been struggling for: Therefore

Resolved, That there be two Thousand Men raised within the
several Towns and Plantations in this State, by Draft, Lot, or
voluntary Inlistment; each Town and Plantation to furnish their
Quota agreeable to the Schedule herewith annexed: And for the
more effectual carrying this Resolve into Execution, the Brigadier
or Commanding-Officer of each Brigade within this State, shall
immediately on receipt hereof, issue his Orders to the Colonel
or Commanding-Officer of each Regiment in his Brigade, to cause
the several Companies in their respective Regiments to be called
together forthwith, and a Number of Men equal to the Number
assigned to each Town and Plantation in his Brigade, in the
following List to be immediately raised as aforesaid, to fill up
the fifteen Battalions directed to be raised in this State, to serve

Massachusetts Archives, ccxxiii., 33.

[1st Sess.] Resolves, etc. — 1779-80. 39

for the Term of nine Months from the time they shall respectively
appear at Springfield, or such other Place as the Commander in
Chief shall direct the Place of their Rendezvous, unless sooner
discharged, and cause the Men so procured, to be mustered by
the respective County Muster-Masters; said Drafts to be made
from the Train-Band and Alarm-Lists: The Returns thereof from
the several Towns and Plantations in the Counties of Suffolk,
Essex, Middlesex, Plymouth, and Bristol to be made into the
Secretary's Office on or before the second Day of July next. The
Returns from the several Towns and Plantations in the Covmties
of Barnstable, Worcester, Hampshire, and York to be made into
said Office, on or before the seventh Day of July next. The Re-
turns from the several Towns and Plantations in the Counties
of Cumberland and Berkshire to be made into said Office, on or
before the twelfth Day of July next. And Returns from the sev-
eral Towns and Plantations in the County of Lincoln to be made
into said Office, on or before the seventeenth Day of July next.
Which Men shall be upon the Continental Establishment. And
also to cause said Men to be delivered to such Person as may be
appointed by this Court as a Superintendant of the County from
whence they are procured; together with a descriptive List of
their Persons, Ages, Statures, the Places of their Abode, and the
Regiment and Company from which they shall have been pro-
cured; which Superintendant shall cause the Men so delivered to
him, to be immediately marched to the Place of Rendezvous, under
the Care of such Person as he shall appoint for the Purpose,
who shall be reasonably allowed and paid for his Time, Service
and Expence, in conducting said Troops; and the Superintendant
shall also make out a descriptive List as aforesaid, of said Men
by him from time to time sent to the Place of Rendezvous, and
take Receipts upon the said Lists from such Persons as they
shall appoint to conduct them to the Place of Rendezvous, and
forward Copies of such Lists and Receipts to such Person ap-
pointed as Commissioner, to receive the inlisted or drafted Men.
And it is further

Resolved, That Justin Ely Esq. be and he is hereby appointed
a Commissioner to repair to the Place of Rendezvous, and there
reside for the purpose of receiving the Men procured as afore-
said from this State, and of delivering them over to such Con-
tinental Officers as may be appointed by the Commander in
Chief to receive them; and the said Justin Ely Esq. is hereby
required to give Receipts for such Men as shall be delivered to
him, and to make out such description Lists as aforesaid of them
from time to time delivered over to such Continental Officers,
and take Receipts thereon from them, and transmit Copies of
such Lists and Receipts to the Commander in Chief of the Army,
and to the Secretary's Office in this State. And it is further

Resolved, That if any Man shall be drafted, who shall not pass
muster, or be of sufficient Ability of Body to serve in Person, he
shall nevertheless hire some able-bodied Man to serve in his
stead, or pay a fine of Forty-five Pounds, if of ability to pay it,
in the Judgement of the major part of the Selectmen of the Town
for which he is drafted, to be paid within twenty-four Hours next
after his being so drafted; and in default thereof the Person
drafting him shall and may issue a Warrant of Distress, directed
to the Clerk of the Company, or a Constable of the Town requir-
ing him to levy and collect the same by Distress and Sale of the
Delinquent's Goods and Chattels; and the Officer to whom the
Warrant of Distress shall be directed, is to be governed in the
execution thereof, by the Rules prescribed by Law for Collecting

40 Resolves, etc. — 1779-80. [Chap. 75.]

public Taxes, and any able-bodied Man who may be drafted as
aforesaid and dvdy notified thereof, who shall not within twenty-
four Hours after, procure some able-bodied effective Man in his
room to the acceptance of those who drafted him, or within
twenty-four Hours pay a Fine of Forty-five Pounds, shall be con-
sidered as a Soldier in the Continental Army, for the Term of
nine Months from the Time he shall arrive at the Place of Rendez-
vous aforesaid, to every Intent and Purpose, and shall be forth-
with delivered over to the Superintendant of the County where
he is drafted, who shall immediately march him to the Place of
Rendezvous aforesaid; and in Towns or Plantations where a Com-
pany shall be destitute of a Captain or Subaltern, to discharge the
Duties enjoyned by these Resolves, the Selectmen and Commit-
tees of Safety, &c. or the major part of them, or where there is
but one of those Orders, such of them as may be there subsisting,
shall have all the Power and Authority given by this Resolve to
the Commission Officers of any Company; and the Muster-Masters
already appointed by the General Court, in the several Counties,
to muster Continental Soldiers, are hereby impowered and di-
rected to muster the Men procured as aforesaid, if they are able-
bodied, effective men, and for the purpose to attend at such Place
or Places as the Brigadier or Commanding-Officer of the Brigade
shall direct; and if by Payment of the aforesaid Fines and for-
feitures throughout the Individuals of any Company, a Deficiency
shall remain as to the said List, after Application of the said Fines
and Forfeitures for the purpose of hiring Men, the Commis-
sioned Officers, Selectmen, or Committees shall proceed to draft
over again, having regard to Services already done, untill their
Quota be compleated by hiring with Fines or drafting as afore-
said. And it is further

Besohed, That the Selectmen of the several Towns and Com-
mittees of Plantations in this State, from whence Men may be
raised as aforesaid, are required and directed to pay to each IMan
Two Shillings per Mile to the Place of Destination, for their Sup-
port and carrying their Packs, and lay their Accounts before the
Committee on Accounts for Allowance and Payment.

And as there has some time since passed a Resolution of Con-
gress and of this State against inlisting Prisoners of War and
Deserters from the Enemy into the Continental Army:

Resolved, That such Prisoners and Deserters as aforesaid, that
shall be inlisted by any Town or Plantation in this State, shall
not be considered to exempt such Place from filling up their
Proportion and Quota aforesaid, to all Intents as though no such
Prisoner or Deserter had been inlisted. And it is further

Resolved, That every Brigadier or the Commanding-Officer of a
Brigade who shall refuse or neglect to execute and discharge the
Duties enjoined upon him by these Resolves, for drafting the
Men as is therein expressed, shall be forthwith dismissed from his
Office of Brigadier or other Rank of Office by virtue of which
he is Commanding-Officer of a Brigade; and every Commanding-
Officer of a Regiment who shall refuse or neglect to discharge the
Duties required of him by these Resolves, shall be reported by
his Superior Officer to the General Court; and all commissioned
Officers in the Counties of Suffolk, Essex, Middlesex, Plymouth,
and Bristol, neglecting or disobeying the Commands of their
superior Officer for drafting the Men as aforesaid, for each Man
so deficient in the Company to which they belong, on the thir-
tieth Day of June Instant, shall severally forfeit and pay the Sum
of Twenty Pounds, and Fifteen Pounds monthly for every Month
after that time, until their Quota shall be compleated; and all

[1st Sess.] Resolves, etc. — 1779-80. 41

Commissioned Officers in the Counties of Barnstable, Worcester,
Hampshire, and York, neglecting or disobeying as aforesaid, for
each Man they are so deficient in the Companies to which they
respectively belong, on the third Day of July next, shall severally
forfeit and pay the Sum of Twenty Pounds, and a monthly Fine
of Fifteen Pounds after that Time, until their Quota shall be com-
pleated; and all Commissioned Officers in the Counties of Cum-
berland and Berkshire, neglecting or disobeying as aforesaid, for
each Man they are so deficient in the Companies to which they
respectively belong, on the fifth Day of July next, shall severally
forfeit and pay the Sum of Twenty Pounds, and a monthly Fine
of Fifteen Pounds after that Time, until their Quota shall be
compleated. And all Commissioned Officers in the County of
Lincoln, neglecting or disobeying as aforesaid, for each Man they
are so deficient in the Companies to which they respectively be-
long, on the seventh Day of July next, shall severally forfeit
and pay the Sum of Twenty Pounds, and a monthly Fine of Fif-
teen Pounds after that Time until their Quota shall be com-
pleated: And the Selectmen, Committees of Safety, Constables, or
Clerks of Companies, neglecting the Duties required of them by
these Resolves, respecting the Drafting and Prosecution as afore-
said, according to the Times set for the several Counties, shall
individually be liable to the same Rate of Fines and Forfeitures
as the Commissioned Officers last mentioned; the said Fines and
Forfeitures shall be to the Use of the Town or Plantation where
they may be incurred, for the Purpose of procuring Soldiers:
And all Fines and Forfeitures incurred by Commissioned Officers,
Selectmen, Committees of Safety, Constables, or Clerks of Com-
panies, for omitting their Duty, as required by these Resolves,
shall be sued for, in an Action of Debt, by the Town-Treasurers
respectively, where any such Officer is chosen.

Resolved, That where any Deficiency shall remain in the Quotas
by these Resolves assigned to any or either of the Towns and
Plantations in the Counties of Suffolk, Essex, Middlesex, Plymouth
and Bristol, on the thirtieth Day of June Instant, or in the Quotas
of any or either of the Towns or Plantations in the Counties of
Barnstable, Worcester, Hampshire, and York, on the third Day
of July next, or in the Quotas of any or either of the Towns and
Plantations in the Counties of Cumberland and Berkshire, on
the fifth Day of July next, or in the Quotas of any or either of
the Towns and Plantations in the County of Lincoln, on the
seventh Day of July next; those deficient Towns and Plantations
shall severally incur such Penalty as the General Court shall
hereafter determine, for the Use of this State, for every Man they
shall be deficient as aforesaid; which Sum shall be added to the
next State Tax of Such Town or Plantation. And it is further

Resolved, That every Person procured as aforesaid, for the
Term of nine Months only, shall supply himself with a good
Firelock, Bayonet, Cartouch-Box, Haversack, and Blanket; and
shall at the Expiration of the Time of his Services, produce a
Certificate from his Captain or other Commanding Officer of his
Company, that he hath been constantly provided therewith at his
own Expence, shall receive for the Use of his Firelock, Bayonet,
and Cartouch-Box Fifty Shillings, and for the Use of his Blanket
Seven Pounds ten Shillings, and in a like Proportion for any or
either of them; and if any of said Articles shall be lost, or ren-
dered useless in the Service, without the Negligence or Fault of
the Proprietor, he shall be paid the Value thereof.

And to the Intent that all able-bodied effective Men who are
patriotically disposed to serve their Country's Cause may be

42 Resolves, etc. — 1779-80. [Chap. 75.]

amply rewarded, and have something substantial in future Life
to reflect upon as Marks of their Virtue, and at the same time
contribute towards their Ease and Comfort therein: It is further

Resolved, That every able-bodied effective Man who has or
shall inlist into the Continental Army during the remainder of
the present War, agreeable to a Resolve of this State of the 30th
of April last,^ shall, over and above all the Gifts, Grants, Gratu-
ities and Privileges therein enumerated, be intitled to one Hun-
dred Acres of the unappropriated Lands belonging to this State,
if the Honorable Congress does not include said Men among the
Number of those who are intitled to said Quantity of Land, as
a part of their Bounty for inlisting into the Continental Army
during the War, and provided they shall pass Muster before the
County Muster-Master, and be delivered to the Superintendant
with a descriptive List as aforesaid, by the seventh Day of July
next, who are by said Superintendant to be marched to the afore-
said Place of Rendezvous, and said Men when so inlisted shall be
allowed and considered in whole or in part of the Quota, accord-
ing as their Number shall be of the Town or Plantation to which
they belong. It is also

Resolved, That the Towns and Plantations in this State shall
respectively receive One Hundred and Twenty Pounds for each
Man they shall procure agreeable to the foregoing Resolves, and
which by said Resolves can justly and properly be considered
in part or in whole of such Town's or Plantation's Quota which
Sum or Sums shall be abated or taken out of their next State
Tax accordingly; and that each soldier who shall be inlisted or
procured agreeable to the foregoing Resolves for nine Months
only, shall, at the Expiration of said Term, upon his producing
a Certificate that he has served out the Time of his Inlistment,
receive out of the Treasury of this State the Sum of Sixty Pounds;
and in case of the Death of any Soldier in the Service, his legal
Representative shall be intitled to the said Bounty in Proportion
to the time of his Service. And it is further

Resolved, That the Men who shall be inlisted or drafted from
the Militia of the several Towns in this State by force of the
foregoing Resolves shall be held and returned for the Towns
whereof they are Inhabitants, and no other; and that all Con-
tracts, Bargains and Agreements, made with any Person to serve
for any other Town than that whereof he is an Inhabitant, shall
be null and void; and that no Soldier who belongs to any of the
Guards in this State shall be exempted from the Lot or Draft
mentioned in these Resolves, or be prohibited from inlisting, but
each and all of them shall be considered as severally belonging
to the Towns and military Companies they were detached from.

That Maj. Stephen Badlam be Superintendant for the County of Suffolk.
Col. Israel Hutchinson for the County of Essex.
Maj. Joseph Hosmer for the County of Middlesex.
Maj. Noah Goodman for the County of Hampshire.
Maj. Nathaniel Goodwin for the County of Plymouth.
Maj. James Williams, jun., for the County of Bristol.
Seth Washburn, Esq., for the County of Worcester.
Nathaniel Freeman, Esq., for the County of Barnstable.
Col. Jo.seph Prime for the Coimty of York.
Maj. James Johnson for the County of Cumberland.
Col. James McCobb for the County of Lincoln.
Capt. VVilliam Walker for the County of Berkshire.

And it is further

Resolved, That over and above the Proportion annexed to this
Resolve, that each Town and Plantation within this State, that

' This date is May 1. — Province Laws, xx., 702, chap. 33.

[1st Sess.

Resolves, etc. — 1779-80.

have been deficient in compleating their full Quota of one seventh
Part of their Male Inhabitants, according to the Resolve of this
Court proportioning fifteen Batalions of the Continental Army on
the Several Towns in this State, be and hereby is holden to com-
pleat said Quota according to said Resolve: And if it shall so hap-
pen that any Town or Plantation within this State shall neglect
fully to compleat their aforesaid Quota by the last Day of July
next, to serve in the Continental Army for three Years or during
the War, for each Man any Town or Plantation shall be so de-
ficient on the last Day of July next, shall pay a Fine of Three
Hundred and fifty Pounds, to be added to such deficient Town's
next Tax and paid into the Treasury of this State, which Fine
shall be no Excuse for such Town's Neglect: And if any Town has
at any Time detached Men to serve for a short Time in the Con-
tinental Army, to make up their deficiency, upon Representation
thereof to this Court by the Return of the Officer detaching them,
under Oath, shall have a Deduction from the aforesaid Fine in
Proportion as the Term they served is to the Term of three
Years, and if any Town that may now be deficient shall on or
before the last Day of July next compleat their Quota as afore-
said, who have detached their Defficiency for a short Term as
aforesaid, shall be paid a Sum out of the Treasury of this State
in the same Proportion, upon Representation as aforesaid: And the
Committee appointed to make a Report of the Deficiency in each
Town, are directed to report as soon as may be. [Passed June 9.

The Schedule.

Suffolk County.

Essex County —

-Con.

Hampshire

County

Boston 62

Methuen .... 8

Springfield 11

Roxbury

Rowley . . . .11

Wilbraham

Dorchester
Milton .
Braintree
Weymouth

270

Middlesex County.

Northampton
Southampton
Hadley
South-Hadley

10
6
6

Hingham .

Cambridge

Amherst

Dedham

Charlestown

Granby

Medfield

Watertown

Hatfield .

Walpole

Woburn

Whately .

Wrentham .

Concord

Williamsburgh

Franklin

Reading

Westfield .

Brookline .

Newton

Deerfield

Needham

Marlborough

Greenfield .

Stoughton .

Billerica

Shelburne .

Stoughtonham

Framingham

Montague .

Foxborough

Lexington .

Conway

Medway

Chelmsford

Northfield .

Bellingham

Sherburne .

Sunderland

Hull

Sudbury

Brimfield .

Chelsea

Maiden

South-Brimfielc

Cohasset .

Weston

Monson

Medford

Pelham

223

Littleton
Stow

Greenwich .
Blanford .

6
5

Essex County.

Groton .

Leverett

Salem 28

Shirley .

Palmer .

Danvers

Pepperell .

Granville .

Ipswich

Townsend .

New-Salem

Newbury

Waltham .

Belchertown

Newbury-Port

Ashby .

Colrain

Marblehead

Westford .

Ware

Lynn

Stoneham .

Warwick

Andover

Hopkinton

Barnardston

Salisbury .

Natick .

Murray field

Haverhill .

Dracut .

Charlemont

Gloucester .

Bedford

Buckland .

Topsfield .

Holliston .

Ashfield

Boxford

Tukesbury

Chesterfield-Gore .

Almsbury .

Acton .

Worthington .

Beverly

Dunstable .

Shutesbury and \ ^

Bradford .

Lincoln

Ervingshire j

Wenham

Wilmington

Chesterfield ... 6

Middleton .

Southwick .... 3

Manchester

235

West-Springfiel

Resolves, etc. — 1779-80.

[Chap. 75.]

Hampshire County — Con.

Ludlow . . . .
Norwich . . . .

No. 5

No. 7 or Murrayfield .
West-Hampton

Plymouth County
Plymouth .
Scituate
Duxborough
Marshfield .
Bridgewater
Middleborough
Rochester
Plympton
Pembroke
Kingston
Hanover
Abington
Halifax
Wareham

Bristol County.
Taunton
Rehoboth .
Swanzey
Dartmouth
Norton .
Mansfield .
Attleborough
Dighton
Freetown .
Rainham .
Easton .
Berkley

Barnstable County

Barnstable

Sandwich

Yarmouth

Eastham

Harwich

Weimeet

Chatham

Truro

Falmouth

Worcester County.
Worcester
Lancaster
Mendon
Brookfield
Oxford .
Charlton
Sutton .

228

170

148

Worcester County
Leicester
Spencer
Paxton .
Rutland
Oakham
Bar re

Hubbardston
New-Braintree
Southborough
Westborough
Northborough
Shrewsbury
Lunenburgh
Uxbridge
Harvard
Dudley .
Bolton .
Upton .
Sturbridge
Leominster
Hard wick
Holden
Western
Douglass
Grafton
Petersham
Royalston
Westminster
Athol . .
Templeton
Princetown
Ashburnham
Winchendon
Northbridge
Fitchburgh
Ward . .

York County.
York .
Kittery
Wells .
Berwick
Arundel
Biddeford
Massabeseek
Pepperrelborou,
Lebanon
Fryeburgh
Sanford
Brownfield
Buxton
Little-Falls
Cox-HaU

■Con.
f.

-4:

4
5

4
5
3
9
7
7
8
6
7
3
9
6
9
5
6
6
4
8
4
6
6
6
4
3
3
3
4
3

286

101

Cumberland County — Con.

Harpswell .... 5

Gorham .... 9

Windham .... 3

New-Gloucester . . 4

Pearson town ... 2

Raymondston ... 1

Royalsborough . . 1

Gray 2

Cumberland County.
Falmouth . . . .18
Cape-Elizabeth . . 9
North-Yarmouth . . 10
Scarborough . . .11
Brunswick .... 5

Lincoln County.
Pownal borough
Woolwich
Boothbay
Winthrop
Edgecomb
Georgetown
Topsham
Bristol .
Winslow
Hallowell
Thomaston
St. -Georges
New-Castle
Bowdoinham
Vassal borough
Waldoborough
Pittston . ,
Warren
Meduncook

Berkshire County.
Stockbridge
Sandisfield
New-Marl borough
Sheffield and Tre-

conick Mountains
Lanesborough .
Richmond .
Hancock
New- Providence
Williamstown .
Great-Barrington
New-Ashford .
Egremont .
Afford . . .
Tyringliam
Windsor
Loudon
Lenox .
Becket .
Pittsfield . .
Partridgefield .
Washington
Adams .
Lee ....
Ashuelott .
No. 7 . . .
West^Stockbridge

2
5
3
4
10
3
6
2
3
2
1
3
2
3
3
3
2
1

},0

12
7
5
2
6
5
1
4
3
6
4
1
6
3
7
3
4
6
4
2
1
3

123

Totals.

Suffolk
Essex

Middlesex .
Hampshire
Plymouth .
Bristol
Barnstable
Worcester .
York

Cumberland
Lincoln
Berkshire .

223
270
235

228

170

148

286

101

123

2,017

[1st Sess.] Resolves, etc. — 1779-80. 45

CHAPTER 76.

RESOLVE ESTABLISHING PAY OF THE COMMITTEE ON PAY ROLLS. Legislative

Records of the
Council,

In the House of Representatives xxxix., 306.

Resohed, That the Members of this House who are on the Com- Anfhives,
mittee for examining Pay-Rolls this present Year, shall receive ^^g"' • *^'
their Pay in the same Manner and Proportion, as is provided for Resoives,
the Committee on Accounts, by a Resolve of this Court of the chap.' 68.*'°"'
28th of May last. Ante, p. 8,

In Council ^^^p- ^: p- *'•

Read and Concurred. [Passed June 9.

CHAPTER 77.

RESOLVE SETTING A HEARING ON THE TAKING OF HERRING, BY
THE INHABITANTS OF PLYMOUTH, IN A BROOK IN SANDWICH
OR WITH SEINES IN A POND IN PLYMOUTH.

On the Petition of the Hon. James Warren, Esq., in behalf of R^^^^ds' of the
the Inhabitants of the Town of Plymouth, praying that the In- Council,
habitants of said Town of Plymouth may have some Advantage Mass.'
of taking of Herring in a certain Brook running through the Town ^^^^j-j^'^^Q-g
of Sandwich, or otherwise have Liberty of taking them with Seins Mass.
in a certain Pond within the Town of Plymouth, as set forth in May'sSion,
said Petition : ^'^'^p- '^5-

Resolved, That the Town of Plymouth serve the Town of Sand- Mass.
wich with an attested Copy of said Petition by leaving the same ccxxiii., 69.
with the Town Clerk of the Town of Sandwich fourteen Days
before the next Sitting of this Court, and that the Town of Sand-
wich appear on the second Wednesday of the next Sitting of this
Court, if they see fit, and shew Cause why the Prayer of this
Petition should not be granted. [Passed June 10.^

CHAPTER 78.

RESOLVE GRANTING £703. 5s. 6d. TO IVORY HOVEY IN SATISFACTION
OF A JUDGMENT, OBTAINED AGAINST HIM BY JOHN UNDER-
WOOD FOR DETAINING THE SLOOP ADVANCE BY ORDER OF THE
GENERAL COURT, AND DIRECTING SAMUEL JORDAN TO SELL
HER APPURTENANCES AT PUBLIC AUCTION.

On the Petition of Ivory Hovey in favour of himself and p|^o^g^of ^^3
others, a Committee in the County of Lincoln, commissioned by Council,
the General Court to enquire into, hear and determine all Matters ul^'.' "^°^'
relitive to any Vessels supposed to have been employed in sup- ^''^^l^'®^'.,
plying the Enemy, of which Samuel Jordan, Esq., was Chairman, Mass. '
have Considered the same and report as follows: May* Session,

Resolved, That the Sum of Seven Hundred and three Pounds «hap.

five Shillings and six Pence be paid out of the public Treasury Mass.
of this State to Ivory Hovey, to satisfy the Judgment obtained ccxxiiLr^s-eo.
against him as one of the said Committee by John Underwood, La^s.^xfx., 96,
for his detaining the Sloop Advance, by Order of the General chap.' 227.*
Court, as Damage and Cost, and Samuel Jordan Esq. is hereby
directed to make an Inventory of all the Appurtenances saved
from the Sloop Advance, and that did belong thereto, and when

1 This date is June 9 according to Massachusetts Resolves.

Resolves, etc. — 1779-80. [Chaps. 79-81.]

so inventoried, to make Sale of the same for the most it will
fetch, by public Auction, observing the Rules of Law in that
Case provided, and exhibit an Account of the Proceeds of the
Sale of said appurtenances, with said Committee's Account of
Time and Expence to this Court, for Adjustment, within three
Months from the Date of this Resolve. [Passed June 10.

CHAPTER 79

Tjegislative
Records of the
Council,
xxxix., 308.
Mass.
Archives,
ccxxiii., 67.
Mass.
Resolves,
May Session,
chap. 82.

Province
Laws, XX., 516,
chap. 248; 633,
chap. 564.

RESOLVE EXTENDING THE TIME IN WHICH THE BOARD OF WAR
CAN SELL FIREARMS TO THE TOWNS AND PLANTATIONS UNTIL
AUGUST 1st.

Whereas the Time is expired in which the Board of War
were directed by a Resolve of this Court of the 9th of October
last to sell Fire-Arms to the several Towns and Plantations in
this State, a,nd the Time set by the Resolves of this Court for
the Sale of said Fire-Arms is expired, and it appears to this
Court that several Towns and Plantations in this State have not
received their Quota:

Resolved, That the Board of War be and they are hereby
directed to continue the Sale of said Fire-Arms agreeable to the
Directions in said Resolve to the Selectmen, Committees or Rep-
resentitives of such Towns or Plantations, until the first Day of
August next, any thing in any former Resolves to the contrary
notwithstanding. [Passed June 10.

CHAPTER 80.

Legislative
Records of the
Council,
xxxix., 309.
Mass.
Archives,
ccxxiii., 66.
Mass.
Resolves,
May Session,
chap. 85.

Anle, p. 7,
chap. 1.

RESOLVE REQUIRING THE TREASURER TO RECEIVE THE MONEY.
TAKEN OUT OF CIRCULATION, RECEIVED FOR TAXES BY THE
CONSTABLES BEFORE MAY 29th, BUT DELAYED BY CONTRARY
WINDS, AND TO HOLD IT UNTIL FURTHER ORDER.

Whereas it has been represented to this Court that sundry
Constables, who had received of the Money taken out of Cir-
culation for Taxes before the twenty-ninth Day of May Last,
and have made oath that they received the same for Taxes, and
took care as they thought to convey the same to Henry Gardner,
Esq., Treasurer, by Water, but by contrary Winds did not arrive
at Boston until the Time for taking in said Money was elapsed:
Therefore

Resolved, That the said Henry Gardner, Esq., be and he is hereby
required to receive of those Persons who have brought such
Money attested to as abovesaid, and give his Certificate for the
same, which Money is to remain in the Treasurer's Office until
the further Order of this Court. [Passed June 10.

CHAPTER 81.

VOTE CHOOSING FIELD OFFICERS OF THE 4th REGIMENT IN
BRISTOL COUNTY.

Legislative
Records of the
Council,
xxxix., 309.
Mass.
Archives,
ccxxiii., 65.

In the House of Representatives
The House, by Ballot, made Choice of the following Gentlemen
as Field-Officers of the fourth Regiment of Militia in the County
of Bristol, viz.

[1st Sess.] Resolves, etc. — 1779-80. 47

Isaac Dean, ....... Colonel. Mass.

Isaao Hodges, ...... Lieutenant Colonel. Resolves,

Elisha May, First Major. May ^ssion,

Stephen Richardson, ..... Second Major. chap. 79.

In Council
Read and Concurred. [Passed June 10.

CHAPTER 82.

RESOLVES DISCHARGING REV. ZECHARIAH MAYHEW, MISSIONARY
AMONG THE INDIANS, FROM TAXES ON HIS FARM IN CHILMARK
FOR THE YEAR 1778, AND EXEMPTING HIM FROM SAME WHILE
HE CONTINUES IN THE OFFICE AND OCCUPATION.

Upon the Petition of the Rev. Zechariah Mahew [Mayhew]^ Legislative
of Chilmark, in the County of Duke's-County, praying to be Council,
discharged of a certain Tax assessed on him by the Assessors of Mass.' ^^°'
Chihnark for the Year 1778, and also to be secured from any Archives,^
such Demands in future, so long as he shall retain his present Mass. "
Office of Missionary among the Indians, for the Reasons set M?y Se^ssion,
forth in said Petition: chap. 8^.

Resolved, That the Prayer of the Petition be granted, and that Mass.
the Assessors of Chilmark aforesaid be and they hereby are cc^^iiLre'i.
ordered and directed to discharge the said Rev. Zechariah Mahew
[Mayhew] from a Tax assessed on him in the Year 1778, for a
certain Farm under his immediate Care and Cultivation, as men-
tioned in said Petition. And it is further

Resolved, That the said Rev. Zechariah Mahew [Mayhew] shall
not be taxed for the same in future, so long as he sustains the
said Office of Missionary, and occupies the said Farm himself,
unless it shall be otherwise ordered by the General Court. [Passed
June 10. ■

CHAPTER 83.

VOTE CHOOSING NOADIAH WARNER, ADJUTANT OF THE 4th REGI- Legislative

MENT IN HAMPSHIRE COUNTY. R^ordsof the

Council,
. xxxix., 310.

In the House oi nepresentatives Mass.

The House, by Ballot, made Choice of Mr. Noadiah Warner as cc»ciiLr62.
Adjutant to the fourth Regiment of Militia in the County of ReSvls

Hampshire. May Session,

In Council ^^^EJ2:

Read and Concurred. [Passed June 10.

CHAPTER 84.

VOTE CHOOSING JOHN HUNT, ADJUTANT OF THE 3rd REGIMENT Legislative

IN MIDDLESEX COUNTY. Records of the

Council,
xxxix., 311.

In the House of Representatives 5^chives

The House, by Ballot, made Choice of Mr. John Hunt as Adju- ccxxiii., e'l.
tant to the third Regiment of Militia in the County of Middlesex. Resolves,

In Council ^•^sT'*''''
Read and Concurred. [Passed June 10.

1 Massachusetts Archives, ccxxiii., 64.

Resolves, etc. — 1779-80. [Chaps. 85-87.]

CHAPTER 85

Legislative
Records of the
Council,
xxxLx., 311.

Mass.
Archives,
ccxxiii., 71.
Mass.
Resolves,
May Session,
chap. 78.

Mass.
Archives,
ccxxiii., 72-74.
Province
Laws, XX., 705,
chap. 736.

RESOLVE FOR PUTTING PETER LE BARRIER DUPLESSIS IN QUIET
POSSESSION OF PREMISES IN BOSTON LEASED TO HIM BY THE
COMMITTEE OF SEQUESTRATION.

On the Petition of Peter LeBarbier Duplasis [Duplessis]^ Esq.
praying that he might be put in quiet Possession of a Dwelling
House and Land, [in Boston]^ leased to him by the Committee of
Sequestration, and that the Persons occupying the same may be
obliged to remove out:

Resolved, That the said Committee of Sequestration be and
they hereby are directed to warn the present Possessors to leave the
Premises within ten Days from the Time of Warning, and in Case
they refuse and insist on keeping Possession, the Sheriff, Under-
Sheriff or Constables, within the County of Suffolk, are hereby
directed and impowered to go with the said Peter LeBarbier
Duplasis [Duplessisj the l/cssee, and put him in full and quiet
Possession of the Premises by him hired agreeable to the Order
of the General Court. [Passed June 10.

CHAPTER 86

Mass.
Archives,
ccxxiii., 76.
Mass.
Resolves,
May Session,
chap. 77.

Mass.
Archives,
ccxxiii., 77-80.

RESOLVE GRANTING £40 TO JOHN SIMONDS TO DISCHARGE DEBTS
IN THE YEAR ENDING MAY 3, 1779, ON ACCOUNT OF ILL HEALTH
RESULTING FROM SERVICE IN FRENCH AND INDIAN WAR.

The Committee of both Houses to whom was referred the Peti-
tion of John Simonds, [as to ill-health resulting from Service in
French and Indian War]^ have attended the Service assigned them,
and take leave to report the following resolve.

Abr/vHam Fuller per Order

Resolved, That there be allowed and paid out of the public
Treasury of this State the Sum of Forty Pounds to enable him to
discharge the Debts he contracted for his Support, in his low State
of Health in the Year past, ending the 3d Day of May 1779.
In the House of Representatives
Read and Accepted

In Council
Read and Concurred. [Passed June 10.

CHAPTER 87

Legislative
Records of the
Council,
xxxix., 313.
Mass.
Archives,
cci.. 104-104b.

ORDER DESIRING THE PRESIDENT OF THE COUNCIL TO SIGN THE
LETTER TO THE DELEGATES OF THIS STATE AT CONGRESS RELA-
TIVE TO EXPENSES AND CHARGES ON ACCOUNT OF THE UNITED
STATES BEYOND THE PROVISIONS MADE BY CONGRESS.

The Committee of both Houses appointed to prepare a letter
to the Delegates of this State at Congress, on the subject matter
of all Expences, Provisions for Expences, and Petitions for allow-
ances for contingent charges on account of the United States be-
yond the provisions made by Congress, report the annexed letter

Aaron Wood per Order
In Council
Read and Accepted and thereupon

' Massachusetts Archives, ccxxiii., 72-74.
2 Ibid., ccxxiii., 77-80.

[1st Sess.] Resolves, etc. — 1779-80. 49

Ordered, That the President of the Council be and hereby is
desired to sign the same in the name and behalf of the General
Assembly of the State aforesaid

In the House of Representatives

Read and Concurred. [Passed June 10.^

Gentlemen

Frequent and numerous applications are made to the General
Court of this State by Persons who have been, and some who are,
Soldiers in the Continental x\rmy and others who have been de-
tailed at different times, to reinforce said Army and who by
various inevitable Accidents, while in service, have lost their
Arms, Clothing and Baggage, or have been wounded in Battle,
or fallen sick on the Road and have in consequence thereof,
either there or at their own homes incurred great expences, pray-
ing for allowance for their losses and expences, many of which
Petitions now lie on the Table; the House supposing the Subject
of them to be of Continental Concern have once or more stated
these matters in letters to Congress, but no answers have been
received. You are therefore directed to endeavour to obtain from
Congress such direction concerning the same as may be a Rule
to the General Court in such Cases, and prevent any Difficulty in
passing the Accounts of this State with Congress.

There are other matters of expence very important, which on
account of the State of our Currency, are constantly increasing
upon us by inlisting or drafting men for the Publick Service. The
Continental allowance of forty shillings per month as wages and
a penny per mile in lieu of Rations is (at the present day) so very
small that we have been Obliged to make very great additions,
that the pay may be equal to a Soldier's Services. These Disburse-
ments we are not authorized by any express Resolution of Con-
gress to charge to the United States though we Judge that such
a charge cannot with reason be objected to; the additional ex-
pences which accrue by raising and recruiting our Battalions in
the Continental Army seem to stand pretty much on the same
ground, these with the addition of an Engagement for making
good the Continental Soldiers pay, as represented to Congress in a
letter of the 10th of February last (to which we received no
answer) constitute the greatest part of the charges of this State;
and we could wish for the Decision of Congress on these matters,
which are so very important to us, previous to our exhibiting our
Account of Disbursements to Congress, as we apprehend it must
be done previous to a Settlement of said Accounts. Whether the
present be a fit and proper time to make the application you
Gentlemen can best determine and to your discretion we refer the
matter.

CHAPTER 88.

RESOLVE FOR SELLING TO REV. DR. SAMUEL COOPER THE HOUSE-
HOLD FURNITURE OF ABSENTEES NOW LOANED TO HIM BY THE
STATE AND FOR RECEIVING STATE NOTES IN PAYMENT.

On the Petition of the Rev. Dr. Samuel Cooper, praying that Jf^'*^*'^?
the Household Furniture left by some of the Absentees, which the Councif,°
Government of this State have indulged him with the Loan of, Mass.' ^^^
may be sold to him at the Value which two Gentlemen of Char- Archives,
acter apprized the same at, and that the Notes of this State mSs" "

Resolves,
' This date is June 11 according to Legislative Records of the Council.

Resolves, etc. — 1779-80. [Chaps. 89-91.1

May Session,
chap. 96.

Mass.
Archives,
ccxxiii., 9S.

which he took about that Time may be received in Payment
therefor:

Resolved, That the said Household Furniture be sold to the said
Dr. Cooper, at the Rate ajid for the Sum which the same was
apprized at by two Gentlemen of Character at the Time he re-
ceived it, and that the Committee of Sequestration receive and
pay the Money to the Treasurer of this State, taking two Re-
ceipts for the same, one of which Receipts to be lodged in the
Secretary's Office. [Passed June 11.

CHAPTER 89

RESOLVE FOR ADVANCING £200 TO EACH OF THE SUPERINTEND-
ENTS, AND £300 TO THE COMMISSIONER FOR RAISING 2,000 MEN
FOR THE CONTINENTAL ARMY.

Legislative
Records of the
Council,
xxxix., 312.
Mass.
Archives,
ccxxiii., 100.
Mass.
Resolves,
May Session,
chap. 91.

Ante, p. 38,
chap. 75.

Resolved, That there be advanced and paid out of the Treasury
of this State to each of the Superintendants appointed b^^ a Re-
solve passed the present Session for raising Two Thousand Men
for reinforcing the Continental Army, a Sum not exceeding the
Sum of Two Hundred Pounds, and to the Commissioner ap-
pointed by said Resolve to receive said Men, the Sum of Three
Hundred Pounds, to enable them to perform the Business assigned
them by said Resolve, they severally to be accountable for the
Sums they shall respectively receive. [Passed June 11.

CHAPTER 90

RESOLVE GRANTING £8. 158. TO CAPT. ANDREW SAMPSON IN PLACE
OF BILLS, SUPPOSED TO BE COUNTERFEIT, HE RECEIVED OUT OF
THE TREASURY.

Legislative
Records of the
Council,
xx.\ix., 312.
Mass.
.\ re hives,
ccxxiii., 101.
Mass.
Resolves,
May Session,
chap. 86.

On the Petition of Capt. Andrew Sampson, praying for an
Allowance of Eight Pounds fifteen Shillings, on account of a like
Sum which he received out of the public Treasury, in Bills sup-
posed to be Counterfeit:

Resolved, That the prayer of said Petition be granted, and that
there be paid out of the public Treasury of this State to the said
Andrew Sampson, the Sum of Eight Pounds fifteen Shillings, in
full for the Loss he sustained by receiving the Bills above men-
tioned, the said Andrew Sampson first making Oath that he re-
ceived the said Bills out of the Treasury of this State, and lodge
the same Bills with the Treasurer thereof. [Passed June 11.

CHAPTER 91.

RESOLVE APPOINTING A COMMITTEE TO REPAIR TO SUDBURY. CON-
SIDER ITS DIVISION AND REPORT AT THE NEXT SESSION, AT THE
CHARGE OF THE PETITIONERS.

Mass.
Archives,
ccxxv., 93.

Mass.
Resolves,
May Session,
chap. 87.

In the House of Representatives
On the Petition of Joseph Curtis and others, Inhabitants of the
Easterly Part of Sudbury,^ praying they may be set off into a
separate Town, for reasons mentioned in said Petition, and that a

1 Set off as East Sudbury April 10, 1780; changed to Wayland March 11,
1835. — Manual for the General Court.

llsT Sess.] Resolves, etc. — 1779-80. 51

Committee may be appointed by this Court to view said Town of Archives.
Sudbury and report a Division Line to be settled between them: ocxxv., 9i, 93.
Therefore

Resolved, That Samuel Austin and William Brown, Esquires,
with such as the Honorable Board shall join, be a Committee to
repair to the Town of Sudbury, hear the Parties and view the
Circumstances of said Town, and make Report to this Court on
the second Wednesday of the next Sitting of the General Court
what ought to be done, and that the Cost of said Committee be
paid by the Petitioners.
In Council

Read and Concurred and Josiah Stone, Esq., is joined. [Passed
June 11.

CHAPTER 92.

RESOLVES DIRECTING THAT THE STATE BRIGANTINE ACTIVE
CRUISE ON THE EASTERN AND SOUTHERN SHORES, THAT STATE
ARMED VESSELS CRUISE THERE IN ROTATION, AND MAKING
ADDITIONAL APPROPRIATION FOR THE PURCHASE AND FITTING
OUT OF THE ACTIVE.

Resolved, That the Board of War be and they are hereby di- Legislative
rected to order the Brigantine Active, an armed Vessell now in coundi^, °^ *^'^
this Harbour, and belonging to this State, to cruize on the Eastern ^^^^- ^^^•
and Southern Shores, for such Time as they may judge most for Archives,
the Honour and Interest of this State; and in order that each of Mass"" ^^^'
the armed Vessells belonging to this State may in Rotation cruize Resolves,
on those Shores, the Board of War are hereby further directed to chap. 97.
order the Cruizes of the aforesaid armed Vessells that one or more
of them be so employed, as Circumstances may admit, until the
Season of the Year may render such Restrictions unnecessary,
unless the Honorable Council, in the Recess of the General Court
may see fit to give Orders to the contrary. And it is further

Resolved, That the Board of War be and they are hereby au-
thorized to appropriate so much of the Monies now in their
Hands and belonging to this State as will, with the Monies already
subscribed, be sufficient to pay the Expences that will arise from
the purchasing, and fitting for Sea the aforesaid armed Brigan-
tine Active. [Passed June 11.

CHAPTER 93.

VOTE CHOOSING HEZEKIAH BROAD FIRST MAJOR AND JOHN Legislative
GLEASON SECOND MAJOR OF THE 5th REGIMENT IN MIDDLESEX CoS
COUNTY. xxxix, 315.

Mass.
T 1 TT p -r* • Archives,

In the House of Representatives ccxxiii., 93.

The House, by Ballot, made Choice of Hezekiah Broad First Reloives,
Major, and John Gleason Second Major, of the fifth Regiment ^,^p^9T'°"'

•of Militia in the County of Middlesex. - — '^^

In Council
Read and Concurred. [Passed June 11.

Resolves, etc. — 1779-80. [Ch.\ps. 94-96.]

CHAPTER 94

RESOLVE EMPOWERING THE GUARDIAN OF REBECCAH RIDGWAY,
A MINOR, TO JOIN WITH THE OTHER HEIRS OF SAMUEL RIDGE-
WAY IN THE SALE OF A HOUSE AND LAND IN THE NORTH END
OF BOSTON, THE NET PROCEEDS OF HER SHARE TO BE PUT AT
INTEREST TILL SHE SHALL ARRIVE AT FULL AGE.

Legislative
Records of the
Council,
xxxix., 315.
Mass.
Archives,
ccxxiii., 90.
Mass.
Resolves,
May Session,
chap. 95.

Mass.
Archives,
cc.'ixiii., 91, 92.

On the Petition of Samuel Ridgway of Boston, in the County
of Suffolk, Administrator of the Estate of Samuel Ridgway, late
of said Boston, deceased, praying that he may be authorized and
impowered, in his said Capacity, in behalf of Rebeccah Ridgway,
a Minor and one of the Heirs of Samuel Ridgway aforesaid,
deceased, to join with the other Heirs in the Sale of an old
House and a Piece of Land in the Northerly Part of the Town
of Boston aforesaid, for the Reasons set forth in his Petition:

Resolved, That Samuel Ridgway aforesaid be and he hereby is
authorized and impowered in his said Capacity to make Sale of
said Rebeccah Ridgway's share of the aforesaid House and Land
for the most the same will fetch, and to join with the other Heirs
thereof in giving and executing a good and sufficient Deed or
Deeds of the same in her behalf, he the said Samuel Ridgway
giving the proper Security to the Judge of Probate for the County
of Suffolk that the neat Proceeds arising by said Sale, after pay-
ing the said Minor's Proportion of the Debts due from the Estate,
shall be put to Interest, and that the Principal and Interest shall
be paid to the said Minor when she shall arrive to full Age, and
the whole Settlement compleated with the said Judge of Probate.
[Passed June 11.

CHAPTER 95.

RESOLVE GRANTING THE LIGHT DRAGOONS, ARTILLERY. INFANTRY
AND ARTILLERY ARTIFICERS, ENLISTED SINCE THE 16th OF
SEPT. 1776 FOR THREE YEARS, OR DURING THE WAR, AND
THOSE HEREINAFTER COMMISSIONED AND ENLISTED, THE SAME
PRIVILEGES AND GRATUITIES AS THOSE IN THE FIFTEEN BAT-
TALIONS.

Legislative
Records of the
Council,
xxxix., 315.
Mass.
Archives,
ccxxiii., 89.
Mass.
Resolves,
May Session,
chap. 88.

Archives,
cclxxxv., 30.

Resolved, That all Officers, Non-commissioned Officers and Sol-
diers, belonging to this State, belonging to the Corps of Light
Dragoons and Artillery and Infantry, and the Corps of Artillery
Artificers, commissioned and inlisted since the I6th day of Septem-
ber 1776, for three Years or during the War; or which shall here-
after be commissioned and inlisted, not being Part of the fifteen
Battalions, shall, according to a Resolution of Congress of March
15, 1779, be considered as Part of this State's Quota, and shall
be intitled to receive the same Privileges and Gratuities as the
Officers, Non-commissioned Officers and Soldiers of the fifteen
Battalions belonging to this State are. [Passed June 11.

CHAPTER 96

RESOLVE EMPOWERING THE GUARDIAN OF SAMUEL JENNINGS,
NON COMPOS MENTIS, TO SELL PART OF HIS REAL ESTATE.

iteMrdsof the ^^ THE PETITION of Edward Mitchell, jun., of Bridgewater, in
Council, the County of Plymouth, Guardian to Samuel Jennings, of said

Bridgewater, non compos mentis, praying that he may be im-

xxxix., 316.

[1st Sess.] Resolves, etc. — 1779-80. 53

powered to sell a Part of said Jennings's Real Estate, for the Mass.
Reasons set forth in his Petition: ^ ccxillr's?.

Resolved, That the said Edward Mitchell, jiin., in his said Cu- ^^^^^s
pacity, be and he is hereby authorized and impowered to make May^Sion,

Sale of so much of the said Jennings's Real Estate, the personal "'''^P' ^^"

being already spent, as shall enable him to pay the Debts due ^fg^iv
from said Estate and support said Jennings the present Year, ccxxiii, 87}^,
that Part of the Estate to be sold that the Guardian shall think
most advantageous for the whole Interest, and for the most the
same will fetch, and make and execute a good and lawfull Deed
or Deeds of the same, and settle the Costs of Sale and Expendi-
ture of the Remainder upon said Jennings, with the Judge of
Probate for the County of Plymouth. [Passed June 11.

CHAPTER 97.

RESOLVE DIRECTING THE BRIGADIER OF MIDDLESEX COUNTY TO
LAY BEFORE THIS COURT THE STATE OF THE 1st REGIMENT IN
SAID COUNTY, AND A LIST OF PERSONS SUITABLE AS OFFICERS
TO FILL VACANCIES.

Whereas it has been represented to this Court that the first Legislative
Regiment of Militia in the County of Middlesex is destitute of Councif,°
proper Officers to command the same, whereby great inconveniances Mass ' ^^^
may arise; and whereas no Person has appeared to propose a Nom- Archives.
ination List for filling up said Regiment: Therefore Mas"''

Resolved, That [Eleazar Brooks]^ the Brigadier of the said County Ma^°sls^gion
of Middlesex be and he hereby is directed to lay before this Court chap. 94.
the State of the first Regiment in said County of Middlesex, and
also a List of Persons suitable to be appointed as Officers to fill the
Vacancies in said Regiment, if any there be as soon as may be.
[Passed June 11.

CHAPTER 98.

RESOLVE PERMITTING MARY GIFFORD, HER CHILD, AND HER
AUNT ESTHER GLOVER, TO GO TO NEW YORK.

On the Petition of Mary Gifford, praying Liberty to go to her Legislative
Husband at New- York with her Family: Counctf °^ ^''^

Resolved: That the Prayer of the Petition be granted for the ^^^i^-. 317.
said Mary Gifford, with her Child and her Aunt Esther Glover, Anfhives,
to go to New- York in the first Cartel, and that she be allowed Ss"' ^^'
to carry with her two Beds and Bedding with two Trunks of Resolves,
Cloathing, they being subject to the Inspection of the Committee chtp. 93."'°°'
of Correspondence of the Town of Boston, and that neither she,
nor any of her Family, be permitted to return again to this State.
[Passed June 11.

CHAPTER 99.

RESOLVE FOR PRINTING AND PUBLISHING THE ADDRESS OF CON-
GRESS TO THE INHABITANTS OF THE UNITED STATES.

Resolved, That the following Address be printed in Hand-Bills Legislative
and sent to the several Ministers of the Gospel in the Towns and counctf, °^ *^^
Parishes within this State, and the said Ministers are hereby ^'«i^- 317-323.
requested to read the same to their respective religious Assemblies Revives,

1 Province Laws, xx., 534, chap. 291.

Resolves, etc. — 1779-80.

[Chap. 99.]

May Session,
chap. 90.

Ma.ss.
Archives,
ccxxiii., 83.

the first Sabbath after receiving the same, immediately after
Divine Service; also to the respective Town-Clerks in the several
Towns, and to the Committee of Correspondence in each Planta-
tion within this State, who are hereby directed to communicate
the same to the Inhabitants of their respective Towns and Planta-
tions in the most expeditious Manner, iind the Secretary is hereby
directed to cause the said Address to be printed and dispersed as
above directed, without loss of Time.

" To the Inhabitants of llic United States of America

"FRIENDS AND COUNTRYMEN,

"The present situation of public affairs demands your most serious attention, and
particularly the great and encreasing depreciation of your currency requires the
immediate, strenuous, and united efforts of all true friends to their country, for pre-
venting an extension of the mischiefs that have already flowed from that source.

"America, without arms, ammunition, discipline, revenue, government, or ally,
almost totally stript of its commerce, and in the weakness of youth, as it were with
a "staff and a sling" only, dared "in the name of the Lord of Hosts" to engage a
gigantic adversary, prepared at all points, boasting of his strength, and of whom
even mighty warriors "were greatly afraid."

"For defrajdng the expences of this uncommon war your representatives in Con-
gress were obliged to emit paper money; an expedient that you knew to have been
before generally and successfully practised on this continent.

"They were very sensible of the inconveniences with which too frequent emissions
would be attended, and endeavored to avoid them. For this purpose they established
loan-offices so early as in October 1776, and have from that time to this repeatedly
and earnestly sollicited you to lend them money on the faith of the United States.
The sums received on loan have nevertheless proved inadequate to the public exi-
gencies. Our enemies prosecuting the war by sea and land with implacable fury and
with some success, taxation at home and borrowing abroad, in the midst of diffi-
culties and dangers, were alike impracticable. Hence the continued necessity of new
emissions.

"But to this cause alone we do not impute the evil before mentioned. We have
too much reason to believe it has been in part owing to the artifices of men who have
hastened to enrich themselves by monopolizing the necessaries of life, and to the mis-
conduct of inferior officers employed in the public service.

"The variety and importance of the business entrusted to your delegates, and their
constant attendance in Congress, necessarily disables them from investigating dis-
orders of this kind. Justly apprehensive of them, they by their several resolutions of
the 22d of November and 20th of December 1777, and of the Sd and 9th of Febru-
ary 1778, recommended to the legislative and executive powers of these states a due
attention to these interesting affairs. Hov/ far those recommendations have been
complied with we will not undertake to determine; but we hold ourselves bound in
duty to you to declare, that we are not con\'inced there has been as much diligence
used in detecting and reforming abuses as there has been in committing or complain-
ing of them.

"With regard to monopolizers, it is our opinion, that taxes judiciously laid on such
articles as become the objects of engrossers, and those frequently collected, would
operate against the pernicious tendency of such practices.

"As to inferior officers imployed in the public service, we anxiously desire to call
your most vigilant attention to their conduct with respect to every species of mis-
behaviour, whether proceeding from ignorance, negligence or fraud, and to the mak-
ing of laws for inflicting exemplary punishments on all offenders of this kind.

"We are sorry to hear that some persons are so slightly informed of their own
interests as to suppose that it is advantageous to them to sell the produce of their
farms at enormous prices, when a little reflection might convince them that it is in-
jurious to those interests and the general welfare. If they expect thereby to purchase
imported goods cheaper, they will be egregiously disappointed; for the merchants,
who know they cannot obtain returns in gold, silver, or bills of exchant^e, liut that
their vessels if loaded here at all must be loaded with produce, will raise the price
of what they have to sell, in proportion to the price of what they have to buy; and
consequently the land-holder can purchase no more foreign goods for the same quan-
tity of his produce than he could before.

"The evil however, does not stop at this point. The land-holder by acting on this
mistaken calculation is only labouring to accumulate an immense debt by increasing
the public expences, for the payment of which his estate is engaged, and to embarrass
every measure adopted for ^'indicating his liberty and securing his prosperity.

"As the harvests of this year, which by the di\-ine goodness promise to be plentiful,
■will soon be gathered, and some new measures relating to your foreign concerns,
with some arrangements relating to your domestic, are now under consideration,
from which beneficial effects are expected, we entertain hopes that your affairs will
ao'iuire a much greater degree of regularity and energy then they have hitherto had.

"But we should be highly crimin.al if we did not plainly tell you that those hopes
are not founded wholly upon our own proceedings. These must be supported by your
virtue, your wisdom, and your diligence. From the advantage of those seats in the
national council in which you have honored us, we have a pleasing prospect of many
blessings approaching this our native land. It is your patriotism must introduce and
fix them here.

"In vain will it be for your delegates to form plans of ceconomy; to strive to stop
a continuation of emissions by taxation or loan, if you do not zealou.sly co-operate
with them in promoting their designs, and use your utmost industry to prevent the

[1st Sess.] Resolves, etc. — 1779-80. 55

waste of money in the expenditure, which your respective situations in the several
t>hices where it is expended may enable you to do. A discharge of this duty and a
compliance with recommendations for supplying money, niight enable Congress to
give speedy assurances to the public that no more emissions shall take place, and
thereby close that source of depreciation.

"Your governments being now established, and your ability to contend with your
invaders ascertained, we have, on the most mature deliberation, judged it indispensa-
bly necessary to call upon you for forty-five millions of dollars, in addition to the
fifteen millions required by a resolution of Congress of the 2d of January last, to be
paid into the continental treasury before the 1st day of .January next, in the same pro-
portion as to the quotas of the several states, with that for the said fifteen millions.

"It appeared proper to us to fix the first day of next January for the payment of
the whole; but as it is probable that some states, if not all, will raise part of the sums
l)y installments or otherwise, before that time, we recommend in the strongest man-
ner the paying as much as can be collected as soon as possible into the continental
treasury.

"Though it is manifest that moderate taxation in times of peace will recover the
credit of your currency, yet the encouragement which your enemies derive from its
depreciation, and the present exigencies demand great and speedy exertions.

"We are persuaded you will use all possible care to make the promotion of the
general welfare interfere as little as may be with the ease and comfort of individuals;
but tho' the raising these sums should press heavily on some of our constituents, yet
the obligations we feel to your venerable clergy, the truly helpless widows and orphans,
your most gallant, generous, meritorious officers and soldiers, the public faith and the
common weal, so irresistably urge us to attempt the appreciation of yom* currency,
that we cannot withhold obedience to those authoritative sensations.

"On this subject we will only add that as the rules of justice are most pleasing to
our infinitely good and gracious Creator, and an adherence to them most likely to
obtain his favour, so they will ever be found to be the best and safest maxims of human
policy.

"To our constituents we submit the propriety and purity of our intentions, well
knowing they will not forget, that we lay no burthens upon them, but those in which
we participate with them — -a happy sympathy, that pervades societies formed
on the basis of equal liberty. Many cares, many labours, and, may we not add, re-
proaches — are peculiar to us. These are the emoluments of our unsollicited sta-
tions; and with these we are content, if you approve our conduct. If you do not, we
shall return to our private condition with no other regret, than that which will arise
from our not having served you as acceptably and essentially as we wished and strove
to do, though as chearfully and fiiithfully as we could.

"Think not we despair of the commonwealth, or endeavour to shrink from opposing
difficulties. No. Your cause is too good, your objects too sacred, to be relinquished.
We tell you truths, because you are freemen who can bear to hear them, and may
profit by them; and when they reach your enemies we fear not the consequences,
because we are not ignorant of their resources or our own. Let your good sense decide
upon the comparison. Let even their prejudices decide upon it, and you need not be
apprehensive of the determination.

"Whatever supposed advantages fi"om plans of rapine, projects of blood, or dreams
of domination, may heretofore have amused their inflamed fancies, the conduct of
one inonarch, the friend and protector of the rights of mankind, has turned the scale
so much against them, that their visionary schemes vanish as the unwholesome
vapours of night before the healthfid influences of the sun.

"An alliance has been formed between liis Most Christian Majesty and these
States, on the basis of the most perfect equality, for the direct end of maintaining
effectually their Liberty, Sovereignty and Independence, absolute and unlimited, as
well in matters of government as of commerce. The conduct of our good and great
Ally towards us in this instance and others, has so fully manifested his sincerity
and kindness, as to excite on our part correspondent sentiments of confidence and
affection.

"Observing the interests of his kingdom, to which duty and inclination prompted
his intention, to be connected with those of America, and the combination of tjoth
clearly to coincide with the beneficent designs of the Author of nature, who unques-
tionably intended men to partake of certain rights and portions of happiness, his
Majesty perceived the attainment of these views to be foimded on the single proposi-
tion of a separation between America and Great-Britain.

"The resentment and confusion of your enemies will point out to you the ideas
you should entertain of the magnanimity and consummate wisdom of his most Chris-
tian Majesty on this occasion.

"They perceive, that selecting this grand and just idea from all those specious
ones that might have confused or misled inferior judgment or virtue, and satisfied
with the advantages which must result from that event alone, he has cemented the
harmony between himself and these States, not only by establishing a reciprocity of
benefits, but by eradicating every cause of jealousy and suspicion. They also perceive
with similar emotions, that the moderation of our Ally in not desiring an acquisition
of dominion on this continent, or an exclusion of other nations from a share of its
commercial advantages, so useful to them, has given no alarm to those nations, but
in fact has interested them in the accomplishment of this generous undertaking to
dissolve the monopoly thereof by Great-Britain, which has already contributed to
elevate her to her present power and hautiness, and threatned, if continued, to raise
both to a height insupportable to the rest of Europe.

"In short, their own best informed statesmen and writers confess, that your cause
is exceedingly favored by courts and people in that quarter of the world, while that
of your adversaries is equally reprobated; and from thence drawn ominous and well
grounded conclusions, that the final event miist prove unfortunate to the latter.
Indeed, we have the best reason to believe that we shall soon form other Alliances,
and on principles honorable and beneficial to these States.

"Infatuated as your enemies have been from the beginning of this contest, do you

Resolves, etc. — 1779-80.

[Chaps. 100.]

imagine they can now flatter themselves with a liopc of conquering you, unless you
are false to yourselves?

"A\'lien unprepared, undisciplined, and unsupported you opposed their fleets and
armies in full conjoined force, then, if at any time, was conquest to be apprehended.
Yet what progress towards it have their violent and incessant efforts made? Judge
from their own conduct. Having devoted you to bondage, and after vainly wasting
their blood and treasure in the dishonorable entcrprize they deigned at length to offer
terms of accommodation with respectful addresses to that once despised body the
Congress, whose humble supplications only for Peace, Liberty, and Safety, they had
contemptuously rejected, under pretence of its being an unconstitutional assembly.
Nay more; desirous of seducing you into a deviation from the paths of rectitude,
from which they had so far and so rashly wandered, they made most specious offers
to tempt you into a violation of your faith given to your illustrious Ally. Their arts
were as unavailing as their arms — Foiled again, and stung ^\-ith rage, embittered by
envy, they had no alternative, but to renounce the inglorious and ruinous controversy,
or to resume their former modes of prosecuting it. They chose the latter. Again
the savages are stimulated to horrid massacres of women and children, and domestics
to the murder of their masters. Again our brave and unhappy brethren are doomed
to miserable deaths in gaols and prison ships. To complete the sanguinary system,
all the "Extremities of War" are by authority denounced against you.

"Piously endeavour to derive this consolation from their remorseless fury, that
"the Father of Mercies" looks down with disapprobation on such audacious de-
fiances of liis holy laws; and further comforted wdth recollecting, that the aims
assumed by you in your righteous cause, have not been sullied by any unjustifiable
severities.

"Your enemies despairing however, as it seems, of the success of their united
forces against our main army, have di\aded them, as if their design was to harrass
you by predatory, desultory operations. If you are assiduous in improving oppor-
tunities, Saratoga may not be the only spot on this continent to give a new denomina-
tion to the baffled troops of a nation impiously priding herself in notions of her
omnipotence.

"Rouze yourselves therefore, that this campaign may finish the great work 5'ou
have so nobly carried on for several years past. What nation ever engaged in such a
contest under such a complication of disadvantages, so soon surmounted many of
them, and in so short a period of time had so certain a prospect of a speedy and happy
conclusion. We will venture to pronounce that so remarkable an instance exists not
in the annals of mankind. We well remember what you said at the commencement
of this war. You saw the immense difference between your circumstances and those
of your enemies, and you knew the quarrel must decide on no less than your lives,
liberties and estates. All these you greatly put to every hazard, resolving rather to
die freemen than to live slaves; and justice will oblige the impartial world to confess
you have uniformly acted on the same generous principle. Consider how much you
have done, and how comparatively little remains to be done to crown you with suc-
cess. Persevere; and you ensure Peace, Freedom, Safety, Glory, Sovereignty, and
Felicity to Yourselves, your Children, and your Children's Children.

"Encouraged by favours already received from infinite goodness, gratefully ac-
knowledging them, earnestly imploring their continuance, constantly endeavoring
to draw them down on your heads by an amendment of your lives and a conformity
to the di'vine will, humbly confiding in the protection so often and wonderfully ex-
perienced, vigorously employ the means placed by Providence in your hands, for
compleating your labours.

"Fill up your battalions — be prepared in every part to repell the incursions of
your enemies — place your several quotas in the continental treasury — lend money
for public uses — sink the emissions of your respective states — provide effectually
for expediting the conveyance of supplies for your armies and fleets, and for your
allies — prevent the produce of the country from being monopolized — effectually
superintend the behavior of public officers — diligently promote piety, virtue, broth-
erly-love, learning, frugality and moderation — and may you be approved before
AJmighty God worthy of those blessings we devoutly wish you to enjoy.

"Done in CONGRESS, by unanimous Consent, this 26th Day of May 1779.

" John Jay, President.

'Attest.

Charles Thompson, Secretary."

[Passed June 11.^

CHAPTER 100.

RESOLVE GRANTING £30 TO SAMUEL MATTOON FOR ONE HORSE
FURNISHED FOR TICONDEROGA EXPEDITION IN 1775, THE ORDER
FOR WHICH WAS LOST IN THE GENERAL COURT.

Legislative
Records of the
Council,
xxxix., 324.
Mass.
Archives,
ccxxiii., 108.
Mass.
Resolves,

In the House of Representatives

On the Petition of Samuel Mattoon, praying for Allowance for

an Order drawn in his Favour on the Honorable Committee of

Safety of this State in May 1775, by Jonathan Brown and Eleazer

Oswald, for one Horse sold them when on the Expedition to

1 This date is same in Massachusetts Resolves, but is June 12 according to
Legislative Records of the Council.

[1st Sess.] Resolves, etc. — 1779-80. 57

Ticonderoga, by Order of said Committee of this State; and ^^^ ^j^q^I'""-

whereas it is made to appear to this House that said Order was „
presented to a late General Court of this State and was ordered Archives,
to lay on the Table, but by some Accident is Lost: Therefore ccxxm., 109,

Resolved, That the Prayer of said Petition be granted, and that
there be paid out of the public Treasury of this State to the said
Samuel Mattoon, in full discharge for said Order, the Sum of
Thirty Pounds.

In Council

Read and Concurred. [Passed June 12.

CHAPTER 101.

RESOLVE GRANTING £50 TO ROBERT MILLER, WHO LOST AN ARM
AT LOUISBURG IN 1745, IN FULL OF HIS PENSION FOR 5 YEARS
PAST, ENDING JAN. 21, 1779.

On the Petition of Robert Miller, shewing that in the Year Legislative
1745, at the Siege of Louisburg, he lost an Arm in the Service councif, °^ ^^^
of this State, and that for near twenty Years he received a Pen- ^^^' ^^*-
sion from said State, and that for five Years past, from the Archives,
second Day of January last, he hath not received any, he there- Mass" ' ^*'^'
fore prays an Allowance for the same: Mr°'sSi n

Resolved, That the Prayer of the Petition be so far granted as chap. los.
that the Sum of Fifty Pounds be allowed and paid out of the pub- Mass.
lie Treasury of this State to the Hon. Joseph Simpson, Esq., for 4x''iiiLri04.
the Use of the Petitioner, in full for his Pension for five Years past,
ending the twenty-first Day of January 1779. [Passed June 12.

CHAPTER 102.

RESOLVES APPOINTING EBENEZER WALES, ESQ., CAPT. AMASA
DAVIS, AND CAPT. JOSIAH BATCHELDER, JUN., A COMMITTEE
TO PURCHASE SMALL STORES FOR THE PART OF THE CONTI-
NENTAL ARMY RAISED IN THIS STATE, AND GRANTING THEM
£20,000.

Resolved, That Ebenezer Wales, Esq., Capt. Amasa Davis, and terds^o!
Capt. Josiah Batchelder, jun., be and they hereby are appointed Council,

the

xxxix., 324.

a Committee for the purpose of purchasing from Time to Time, Mass
until the further Order of the General Court, such Quantities of f^cx'i!iir*i05
Slops and small Stores as they or the major Part of them shall Mass.
think necessary for the Relief and Comfort of that Part of the May°Ses^3ion,
Continental Army raised in this State, and the said Committee ''^^p- ^o^.
are directed to Receive from the Board of War, who are hereby
directed to deliver the same, any Articles they may have on
Hand suitable for said Purpose; and the said Committee are
further directed to deliver the Stores they may purchase, with
those they may receive from the Board of War, to the Conductor
appointed to transport them to the Army in such Quantities as
they shall judge best: And it is further

Resolved, That there be paid out of the Treasury of this State
to the said Committee the Sum of Twenty Thousand Pounds,
to enable them to execute the said Business, they to be account-
able for the Sums they shall respectively receive, as also for any
Stores they may receive from the Board of War. [Passed June 12.

Resolves, etc. — 1779-80. [Chaps. 103-105.J

Legislative
Records of the
Council,
xxxix., 325.
Mass.
.'Vrchives,
ccxxiii., 107.
Mass.
Resolves,
May Session,
chap. 109.

Province
Laws, XX., 357,
chap. 947; 367,
chap. 970.

CHAPTER 103.

RESOLVES REMITTING A FINE OF £300 AND £90 BOUNTY TO THE
TOWN OF WORCESTER AND CALLING UPON THE TOWN OF WARD
TO SHOW REASON WHY THEY SHOULD NOT BE FINED FOR DE-
FICIENCY IN RAISING THE NINE MONTHS' MEN TO FILL UP THE
FIFTEEN BATTALIONS.

Whereas it appears to the Committee who were appointed to
take into Consideration the Cases of all Towns who have been
fined, that the Town of Worcester has been overcharged in the
last Tax the Sum of Three Hundred and ninety Pounds, by
Reason of said Town being fined the Sum of Three Hundred
Pounds for Deficiency in raising three Men for the Term of nine
Months, to compleat and fill up the fifteen Battalions, which
three Men were actually raised by said Town, whereby said Town
was intitled to the Thirty Pounds Bounty, by the Resolve of this
Court, which amounts to Ninety Pounds, which is not allowed to
the Town in said Tax: Therefore

Resolved, That the Treasurer of this State be and is hereby di-
rected to pay out of the public Treasury to the Town of Worcester
the Sum of Three Hundred and ninety Pounds, which Sum they
were overcharged with in the last Tax.

And whereas it appears that the Town of Ward has returned
two Men belonging to the Town of Worcester: Therefore

Resolved, That the Town of Ward be notified of the above Re-
solve by the Clerk of the Town of Worcester, and be directed
to appear on the second Wednesday of the next Sitting of this
Court, and shew the Reason, if any they have, why they should
not be fined, for the Deficiency of these two Men, [Passed
June 12.

CHAPTER 104

RESOLVE GRANTING £50. 3s. 8d. TO THOMAS KEMPTON FOR SUP-
PLYING A COMPANY OF THE TRAIN AT DARTMOUTH WITH
PROVISIONS IN SEPTEMBER, 1778.

Legislative
Records of the
Council,
xxxix., 326.
Mass:
Resolves,
May Session,
chap. 110.

On the Petition of Thomas Kempton, one of the Selectmen of
the Town of Dartmouth:

Resolved, That there be allowed and paid to hira out of the
public Treasury of this State the Sum of Fifty Pounds, three
Shillings and eight Pence, in full Discharge of his Account for sup-
plying a Company of the Train stationed at Dartmouth with Pro-
visions, September 1778. [Passed June 12.

CHAPTER 105.

RESOLVE PERMITTING THE SELECTMEN OF DANVERS TO CUT DE-
CAYING WOOD ON THE LAND OF JOHN LINDALL BORLAND,
ABSENTEE, TO SUPPLY SOLDIERS' FAMILIES.

Legislative
Records of the
Council,
xxxix., 326.
Mass.
Archives,
ccxxiii., 121.
Mass.
Resolves,

On the Petition of the Selectmen of the Town of Danvers,
praying they may have Leave to cut and carry off some of the old
decaying Wood on the Land of John Lindall Borland, an Absentee,
laying within the said Town of Danvers:

Resolved, That the Prayer of the Petition be granted, and that
the Selectmen of the Town of Danvers be and they hereby are

[1st Sess.] Resolves, etc. — 1779-80. 59

impowered to cut and carry ofT of said Land of John Lindall ^^^ ^j®^^'°"'
Borland, an absentee some of the old decaying Wood, not to

exceed twenty Cords, to supply the Families of those Soldiers Awhives,
mentioned in said Petition; the said Selectmen to render an *'°^'""" ^^^•
Account under Oath to this Court, of the Quantity of Wood
they shall so Cut and carry ofl', and pay for the same as this
Court shall order. [Passed June 12.

CHAPTER 106.

RESOLVE DIRECTING THE TREASURER TO RECALL AN EXECUTION
AGAINST JOSEPH BRAGDON AND TO DISCHARGE HIM OF £83. 6s. 4d.
PAID THE LATE TREASURER.

On the Petition of Joseph Bragdon, praying for the staying Legislative
of an Execution made out against him by the Treasurer of this Counclf, °^ ^'^^
State, and that he may be allowed the Money he paid to Harrison ^'^ • ^26-
Gray, Esq., late Treasurer of this State: Archives,

Resolved, That the Prayer of the Petition be granted, and that Mas"' ' ^'^'
Henry Gardner, Esq., Treasurer of this State is hereby directed to ^'^'"''j^*^^-.
recall the Execution he issued against said Bragdon, and likewise chap. loo.
discharge him of the Sum of Eighty-three Pounds six Shillings Mass.
and four Pence, which he paid to the late Treasurer Gray, which cVx^JiirW
he had not been credited for. [Passed June 12. i26.

CHAPTER 107.

RESOLVE DIRECTING THE COMMITTEE OF CORRESPONDENCE, IN-
SPECTION AND SAFETY OF WOBURN TO HOLD ESTATE OF THOMAS
AUSTIN COFFIN, ABSENTEE, THOUGH CLAIMED BY HIS SISTER.

On the Petition of the Committee of Correspondence, Inspec- Legislative
tion and Safety, of the Town of W^oburn, praying for Direction c^nc1f°^*'^^
how to conduct with regard to a Farm situated in said Town xxxLx., 327.
of Woburn, belonging to Thomas Austin Coffin, who fled to the Archives,
Enemy for Protection, which Farm is now claimed by Virtue of Mass" ' ''^'
a Deed said to be made by the said Coffin, conveying the same Resolves,
to his Sister: _ ^ cta'p-'of""'

• Resolved, That the said Committee of Correspondence, &c. for Mass.
the Town of Woburn be and hereby are directed to proceed with 4^j^^^j'i'®n2
said Farm in the same Manner they have done for three Years
past, the said Deed and Claim notwithstanding, and that no
Process in Law against the said Committee, or the Tenant holding
the said Farm under them, be sustained in any Court, until the
further Order of this Court. [Passed June 12.

CHAPTER 108.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TO SAMUEL Legislative
FREEMAN, ESQ., FIREARMS FOR THE TOWN OF FALMOUTH, CUM- Records of the
BERLAND COUNTY, ACCORDING TO RESOLVE OF OCT. 9th LAST. xx°'ix.?327.

Mass.

Resolved, That the Board of War be and hereby are directed ccxxiii^.fm.
to deliver to Samuel Freeman, Esq., the Proportion of Fire-Arms Reloi^es
which the Town of Falmouth [Cumberland County]^ are intitled May Session,

chap. 106.

1 Province Laws, xx., 422.

Resolves, ETC. — 1779-80. [Chaps. 109-111.]

to by a Resolve of the 9th October last, said Freeman giving his
Security to pay for the same on or before the first Day of August

Mass.'
Archives,
ccboQcv., 30.

lIw^°^., 516, next, and engaging to deliver them to the Selectmen of said Town
chap.' 248.' ' to be disposed of as by said Resolve is directed. [Passed June 12.

CHAPTER 109

RESOLVE DIRECTING JIREH WILLIS TO REPAY £121. 12s. 8d., GRANTED
HIM THE 18th OF JANUARY LAST, INTO THE TREASURY, THE SAME
HAVING BEEN INCLUDED IN A GRANT TO ALDEN SPOONER OF
EVEN DATE.

Legislative
Records of the
Council,
xxxLx., 328.
Mass.
Archives,
ccxxiii., 129.
Mass.
Resolves,
May Session,
chap. 98.

Province
Laws, XX., 554,
chap. 353.

Whereas by a Resolve of the Great and General Court of this
State, passed the 18th of January last, the Sum of One Hundred
and twenty one Pounds twelve Shillings and eight Pence was
paid to Jireh Willis for supplying the Militia with Provisions on
the Alarm at Dartmouth, in the Month of September last, which
said Sum appears to this Court to be included in the Sum paid
Mr. Alden Spooner, for like Supplies, by a Resolve of Court of
the same Date as the aforegoing: Therefore

Resolved, That the said Jireh Willis be and he hereby is directed
and required to pay the said Sum of One Hundred and twenty-
one Pounds, twelve Shillings and eight Pence into the Treasury
of this State, and that he take duplicate Receipts therefor, and
lodge one of them in the Secretary's Office, which shall be his
full Discharge for said Sum. [Passed June 12.

CHAPTER 110.

RESOLVE FOR SENDING JOHN LOVELL, PRISONER IN BOSTON GAOL,

TO NEW YORK.

Legislative
Records of the
Council,
xxxix., 328.
Mass.
Archives,
ccxxiii., 120.
Mass.
Resolves,
May Session,
chap. 107.

Ante, p. 3B,
chap. 69.

Whereas John Lovell, now in Boston Gaol, has several Times
petitioned the General Court for Liberty to go to some Place in
the Possesion of the Enemy, and whereas this Court have granted
the said Lovell Liberty to go in the first Cartel to New- York,
but the Commisary of Prisoners represents that he refuses to go
in said Cartel: Therefore

Resolved, That the Honorable Council be requested to issue
their Warrant to the Sheriff of the County of Suffolk directing
him to take the said Lovell from the said Gaol and deliver him
to Joseph Henderson, Esq., Commissary of Prisoners, who is
hereby directed to send him in the Cartel now bound to New-
York. [Passed June 12.

CHAPTER 1 1 1

Legislative
Records of the
Council,
xxxix., 329.
Mass.
Archives,
ccxxiii., 114.
Mass.
Resolves,

RESOLVE CONTINUING FROM TERM TO TERM THE APPEALS OF
JOICHIM DE LUCA AND JOSEPH DE LLANOS FROM DECISION OF
THE MARITIME COURT, IN ORDER THAT AN APPEAL MAY BE
MADE TO CONGRESS.

On the Petition of Joichim de Luca and Joseph de Llanos,
praying for Reasons set forth in their Petition, that an Appeal
may be allowed to Congress in certain Causes hereinafter men-
tioned. And whereas Congress by certain Resolves, past in March
last, declared that Appeals ought to be allowed to them in all

[1st Sess.] Resolves, etc. — 1779-80. 61

Maritime Causes whatever, and there is not Time between this May Session,

and the Day appointed for the Trial of said Causes for this Court ^ ^^' ^°^'

to determine whether Appeals shall be allowed to Congress in the Archives.
same or not : Therefore ccxxiii., lis.

Resolved, That the Causes now pending in the Superior Court,
&c. to be holden at Ipswich, in the County of Essex, on Tuesday
the 15th Instant, wherein the said Joichim de Luca is Appellant,
from the Maritime Court for the Middle District of this State,
against the Libellants of Ship St. Francisco de Paula alias El
Valenciano, her Cargo, &c. and the said Joseph de Llanos is
Appellant from the said Maritime Court against the Libellants
of the Ship St. Andres lo Santo Martyr, her Cargo &c. be con-
tinued from the said Superior Court to be holden at Ipswich, as
aforesaid, to the next Term of said Court within said District,
and so from Term to Term, within said District, till the further
Order of this Court, and the said Superior Court is hereby directed
to take Notice of the same accordingly. [Passed June 12.

CHAPTER 112.

RESOLVE APPOINTING A COMMITTEE TO REPAIR TO LANCASTER,
CONSIDER ITS DIVISION, AND REPORT AT THE NEXT SESSION.

On the Petition of the Committee of the second Precinct in Mass.
Lancaster, praying, in behalf of said Precinct, that they may be May*'session.
incorporated into a distinct and separate Town, according to the *''^'^p- ^""-
Bounds set in the Act for incorporating them into a Precinct, Province
which Petition being read, together with the Answer of the Com- p.^ies, chap.
mittee of the first Precinct in said Lancaster, praying that a
Committee may be appointed by this Court to repair to the
Town of Lancaster, to \aew the Situation and Circumstances of
the Town, and give the Parties a full Hearing on the Premises:

Resolved, That Edward Rawson, Esq., Col. Israel Hutchinson
and Maj. Joseph Hosmer, be a Committee to repair to the Town
of Lancaster, and view the Situation and Circumstances of said
Town, and hear the Parties, and report to this Court on the first
Tuesday of the next Sitting of the General Court, what is proper
to be done. [Passed June 12.

93.

CHAPTER 1 13.

RESOLVE EMPOWERING MRS. SARAH GEE TO SELL REAL ESTATE
OF HER LATE HUSBAND REV. JOSHUA GEE. PROVIDED THAT THE
RESIDUE, AT HER DECEASE, GO TO HIS HEIRS.

On the Petition of Sarah Gee, prating for Liberty to sell the Legislative
Real Estate of her late Husband, Mr. Joshua Gee, for Reasons set coZct,"^*^^
forth in said Petition: Mass ' ^^^'

Resolved, That the Prayer of the Petition be granted, and that Archives,
the Petitioner be and hereby is impowered to make Sale of the Mass" ' ^^^'
whole or part of the Real Estate in her Petition mentioned, for j^®®°'gg|gi(jn
the most it will fetch, and make and execute a good Deed or chap, in.
Deeds thereof, she observing the Directions of the Law relating Mass.
to the Sale of Real Estates by Executors and Administrators, and ^/xxur^^iss
giving Security to the Judge of Probate for the County of Suffolk Province
that what may be left of the Proceeds of said Estate, after her chap.'io.'

Resolves, ETC. — 1779-80. [Chaps. 114,115.]

Decease, over and above what may be necessary for her Support,
paying her Debts and Funeral Charges, shall go to the Legal
Heirs of her late Husband the Rev. Mr. Gee deceased. [Passed
June 14.

CHAPTER 114

Legislative
Records of the
Council,
xxxLx., 330.
Mass.
Archives,
ccxxiii., 133.
Mass.
Resolves,
May Session,
chap. 112.

Archives,
ccxxiii., 135.
Province
Laws, XX.,
483, chap. 152

RESOLVE REQUIRING COL. GERRISH TO RETURN THE ARMS AND
ACCOUTREMENTS, WHICH HE RECEIVED FROM THE BOARD OF
WAR FOR HIS REGIMENT. OR THEIR EQUIVALENT. WITH PAY-
MENT FOR THEIR USE.

On the Memorial of Col. Jacob Gerrish, prajdng that a Price
may be set on the Arms, Bayonets, Cartridge-Boxes, &c. that he
received of the Board of War to supply the Regiment late under
his Command:

Resolved, That Col. Jacob Gerrish be and hereby is required to
return all the Arms, Bayonets, Cartridge-Boxes, &c. which he re-
ceived the last Summer, by Order of the late General Court, for
supplying the Regiment then under his Command, to the Board
of War; and if it is out of his Power to return the whole Number,
that he be and hereby is directed to pay the Board of War the
Sum of Twelve Pounds for each Fire-Arm, Forty Shillings for
each Bayonet, and Thirty Shillings for each Cartridge-Box, &c.
that he shall be thus deficient in returning, and the Board of War
are hereby directed to receive the Money for each Fire-Arm,
Bayonet, Cartridge-Box, &c. as above directed, in full Discharge
of those Fire-Arms, Bayonets, Cartridge-Boxes, &c. the said Col.
Gerrish received and has not or shall not forthwith return to the
Board of War, and also that he pay to the Board of War Four
Shillings and six Pence for the Use of each Fire-Arm and Ac-
coutrements by him returned, agreeable to a former Resolve of
the General Court of this State. [Passed June 14-

CHAPTER 1 15

Legislative
Records of the
Council,
xxxix., 332.
Mass.
Archives,
ccxxiii., 142.
Mass.
Resolves,
May Session,
chap. 113.

Province
Laws, XX., .535,
chap. 293.

RESOLVE EMPOWERING ANY TWO, OR WHEN MORE ARE PRESENT
THE MAJOR PART, OF THE DELEGATES AT CONGRESS TO EXER-
CISE ALL THE POWERS MENTIONED IN A RESOLVE PASSED OCT.
15th LAST.

Whereas Inconveniences may arise in Consequence of a Resolve
of the General Court of the 15th of October last, which requires
that three of the Members chosen to represent this State in
Congress should be present in order to exercise the Powers with
which by that Resolve they are vested: Therefore

Resolved, That any two of the Gentlemen chosen to represent
this State, or when more are present in Congress, a major Part
of the same be and they hereby are impowered for and in behalf
of this State to exercise all the Powers which in the said Resolve
of the 15th of October are particularly mentioned, although it is
still expected that four of the said Gentlemen constantly attend
upon the Business of their Delegation. [Passed Jmie 15.

[1st Sess.] Resolves, etc. — 1779-80. 63

CHAPTER 1 16.

RESOLVE GRANTING A FIREARM TO WILLIAM HOSKINS IN FULL Legislative
COMPENSATION FOR THE LOSS OF ONE BY HIS SON SAMUEL /^'''"'■<^[' of the
HOSKINS AT RHODE ISLAND. xx^kTim.

Mass.

On the Petition of William Hoskins, praying for an Allow- cc.Kxiii.,'14.3.
ance for a Small-Arm and sundry Accoutrements lost by his Son R^oives,
Samuel, in the Expedition on Rhode Island in August last: May Session,

Resolved, That the Prayer thereof be granted, and that the ^ ^^'

Board of War be and they hereby are directed to deliver to Arehiyes,
Brigadier George Godfrey one Fire- Arm for the Use of the Peti- ^^^^''j.^i^^^;
tioner, in full Compensation for his Loss. [Passed June 16. 3i.'

CHAPTER 117.

RESOLVE CONFIRMING THE RESOLVE OF THE 9th INSTANT GRANT-
ING A BOUNTY OF £120 FOR THOSE WHO SHALL ENLIST IN THE
CONTll^ENTAL ARMY FOR NINE MONTHS OR DURING THE WAR.

Whereas Doubts have arisen in the Minds of some Persons Legislative
whether the Bounty of One Hundred and twenty Pounds prom- c^ndf, "^ *'^*'
ised to be deducted from the Tax of the several Towns in this ^p'^ • ^'^^
State for each Man they shall raise for nine Months or during Archives.
the War, in obedience to a Resolve of the 9th Instant, for filling Mass" ' ^^^'
up the Continental Army, is intended to extend to those Towns S®^"!!^"®-.
who shall raise the Men for nine Months only: Therefore chap. lis.

Resolved, That the said Bounty of One Hundred and twenty Ante, p. 38,
Pounds promised to be abated from the Tax of those Towns who ^^^^- ^^■
shall raise the Men agreeable to the said Resolves, was intended
and shall be construed to extend to such Towns as shall raise the
Men for nine Months as well as during the War. [Passed June 16.

CHAPTER 118

RESOLVE EMPOWERING JAMES RICHARDSON, DEPUTY COMMIS- Lerialative
SARY GENERAL, TO DISPOSE OF A QUANTITY OF CONDEMNED Records of the
PROVISIONS, BELONGING TO THE UNITED STATES, AND NO Council
MORE. ^T™' ^'^^•

Mass.
Archives,

Upon the Petition of James Richardson, Deputy Commis- Mass""
sary General, shewing that he has a Quantity of condemned Pro- Mr°sSion
visions in his Hands, belonging to the United States, and praying chap, l ie.
Leave to sell the same at public Sale: Mass.

Resolved, That the said James Richardson be and he hereby is ^xxUi^rHs.
impowered to dispose of the said Quantity of condemned Provi-
sions, belonging to the United States, and no more, at public Sale,
the Laws of this States notwithstanding. [Passed June 16.

Resol\t:s, etc. — 1779-80. [Chaps. 119-121.]

Legislative
Records of the
Council,
xxxix., 336.
Mass.
Resolves,
May Session,
chap. 117.

CHAPTER 119.

RESOLVE GRANTING £150 TO SAMUEL MORGAN FOR THE LOSS OF

HIS BOAT.

On the Petition of Samuel Morgan, praying an Allowance for
his Boat lost in the Service of this State:

Resolved, That the Prayer of said Petition be granted, and that
the Sum of One Hundred and fifty Pounds be paid to the Peti-
tioner out of the public Treasury in full for the Loss of said Boat.
[Passed June 16.

CHAPTER 120.

RESOLVE ALLOWING LEONARD WILLIAMS AND OTHERS A FURTHER
TERM OF SEVEN YEARS TO COMPLETE THE CONDITIONS WITH
REGARD TO AN EASTERN TOWNSHIP GRANTED TO SAMUEL
LFVTIRMORE AND OTHERS IN 1771.

Legislative
Records of the
Council,
xx.kL\., 337.
Mass.
Archives,
ccxxiii., 149.
Mass.
Resolves,
May Session,
chap. 125.

Archives,
ccxxiii., 150.
Province
Laws, xviii.,
537, chap. 13.

On the Petition of Leonard Williams and others, representing
to this Court that in the Year 1771,^ the General Court granted
to Samuel Livermore, Esq., and others, a Township in the Eastern
Part of this State, upon certain Conditions set forth in said Peti-
tion, and that the Commencement of the present War made it
impossible for them to compleat the said Conditions, and praying
that a further time may be allowed them: Therefore

Resolved, That the Prayer of the Petition be granted, and that
they be allowed the further Term of seven Years to compleat the
Conditions which are enjoined on them by a Resolve of the Gen-
eral Court. [Passed June 17.

CHAPTER 121.

Legislative
Records of the
Council,
xxxix., 338.
Mass.
Archives,
ccxxiii., 151.
Mass.
Resolves,
May Session,
chap. 124.

RESOLVE ALLOWING THE ACCOUNT OF THE LATE TREASURER OF
THE COUNTY OF YORK, AND GRANTING HIS EXECUTORS £3. 7s. 7d.

Whereas it appears upon Examination of the Accounts of the
County Treasurer for the County of York that all the Monies
granted and allowed by the Court of General Sessions of the
Peace for said County, from April 1778 to April 1779, was for
such Purposes and Appropriations as the Law impowered the
said Court to grant, and the Ballance due to the Executors of
said Treasurer is the Sum of Three Pounds seven Shillings and
seven Pence: Therefore

Resolved, That the said Account be allowed. [Passed June 17.

' Livermore and Livermore Falls, Maine, for plan, see Massachusetts Archives,
Maps and Plans, 3rd series, vol. 14, p. 11.

[1st Sess.] Resolves, etc. — 1779-80. 65

CHAPTER 122.

VOTE CHOOSING ABIEL MITCHELL COLONEL, AND JAMES WILLIAMS, Legislative
JUN LIEUTENANT-COLONEL, OF THE 3rd REGIMENT IN BRISTOL Records of the
^^^TTXTT^tr Council,

COUNTY. xxxix., 339.

Mass.

In the House of Representatives ccx'xiiLri52.

The House, by Ballot, made Choice of Abiel Mitchell Colonel, ^^^^^^
and James Williams, jun., Lieutenant Colonel of the third Regi- May Session,

ment of Militia in the County of Bristol. —^ — ■

In Council
Read and Concurred. [Passed June 17.

CHAPTER 123.

VOTE CHOOSING FIELD OFFICERS OF THE 3ed REGIMENT IN
WORCESTER COUNTY.

In the House of Representatives Legislative

The House, by Ballot, made Choice of the following Gentlemen councif,°

as Field-Officers of the third Regiment of Militia in the County ^^^■' 33^-

of Worcester, viz. Archives,

ccxxiii., 153.

Nathan Tyler, Colonel. Resolves,

Samuel Cragin, ...... Lieutenant Colonel. May Session,

Benjamin Farrar, ...... First Major. chap. 119.

Isaac Martin, ...... Second Major.

In Council
Read and Concurred. [Passed June 17.

CHAPTER 124

RESOLVE GRANTING HON. JABEZ FISHER, ESQ., AND OTHERS, COM-
MITTEE OF ACCOUNTS, ONE PENNY PER POUND FOR PAYMENTS
MADE.

In the House of Representatives Legislative

On the Petition of the Hon. Jabez Fisher, Esq., and others, councif, °* ^^'^

praying for an Allowance for their extraordinary Services, for ^^ix-. 339.

examining, concurring and paying the Accounts of the Committee Arciiiyes,

on Accounts of this House, &c. as set forth in said Petition: Mass"' ^^*'

Resolved, That there be paid out of the public Treasury of the ^r^gglgi^n

State to Jabez Fisher and others, a Committee of Council, for chap. 122.

their extraordinary Services aforesaid. One Penny per Pound for Mass.
what Sums of Money they may or have paid for the Purposes 4x1^1^*155
for which said Committee were appointed, until the further Order -^"'e, p. 9,
of this Court. ^ ^^'

In Council
Read and Concurred. [Passed June 17.

Resolves, etc. — 1779-80. [Chaps. 125-127.]

CHAPTER 125.

Legislative
Records of the
Council,
xxxix., 340.
Mass.
Archives,
ccxxiii., 156.

Resolves,
May Session,
chap. 120.

Mass.
Archives,
ccxxiii., 157-
139.

RESOLVE GRANTING £150 TO ENSIGN HENRY ERVING (DISCHARGED
ON ACCOUNT OF ILL HEALTH) FOR PAST SERVICES IN COL. RUFUS
PUTNAM'S REGIMENT.

On the Petition of Ensign Henry Erving, representing to
this Court that he has been a Subaltern Officer in Col. Rufus
Putnam's Regiment, in the Service of the United States,- but has
been regularly discharged by reason of a bad State of Health,
and prays that he may have a Grant of the sum of One Hundred
and fifty Pounds, allowed him as a Gratuity for his past Services
in the War, agreeable to a Resolve of the Great and General
Court passed the 6th Day of February last: Therefore

Resolved, That there be granted and paid out of the public
Treasury to Ensign Henry Erving, as Gratuity for his past Serv-
ices in the War, One Hundred and fifty Pounds, agreeable to said
Resolve, his being now discharged from the service notwithstand-
ing. [Passed June 17.

CHAPTER 126

Legislative
Records of the
Council,
xxxix., 341.
Mass.
Archives,
ccxxiii., 160.
Mass.
Resolves,
May Session,
chap. 123.

Mass.
Archives,
ccxxiii., 161;
cclxxxv., 33.

RESOLVE GRANTING A QUARTER BOX OF WINDOW GLASS, GRATIS,
TO CALEB CALL, ESQ., AND OTHERS, OF CHARLESTOWN, IN ORDER
TO FIT A HOUSE FOR DIVINE SERVICE.

Whereas Caleb Call, Esq., and others, a Committee for the
Town of Charlestown, have by their Memorial and Petition rep-
resented to this Court that they are in great want of a Quarter-
Box of Window-Glass in order to fit a House in said Town for
Divine Service, and praying that the Board of War may be
directed to sell them said Glass at a reasonable Rate:

Resolved, That in consideration of the great Losses and Suffer-
ings of the Inhabitants of said Town, and the Use for which said
Glass is designed, the Board of War be directed, and they are
hereby accordingly directed to deliver to Caleb Call, Esq., and
others,. the Petitioners, one Quarter-Box of seven by nine Window-
Glass, gratis, to be applied to the Purposes aforesaid. [Passed
June 17.

Legislative
Records of the
Council,
xxxix., 342.
Mass.
Archives,
ccxxiii., 162.
Mass.
Resolves,
May Session,
chap. 121.

Mass.
Archives,
ccxxiii., 164;
ccbcxxv., 32.

CHAPTER 127.

RESOLVES DISCHARGING CALEB DAVIS, ESQ., OF VARIOUS SUMS OF
MONEY AND GOODS, GRANTING HIM 2^3 PER CENT ON SAME AND
£300 ADDITIONAL.

On the Petition of Caleb Davis, Esq., praying that he may
be discharged from such public Monies and Goods as he has
received and again paid and delivered agreeable to Orders of
Court:

Resolved, That the Committee appointed to state and settle
the Accounts of this State be and they hereby are directed to
discharge the said Caleb Davis, Esq., from the Sura of Ten
Thousand Pounds, which he received out of the Treasury of
this State to pay for the Captors' Share of the Ship Julius Csesar
and Cargo, which Ship and Cargo was received by the Agents
of this State. And it is further

Resolved, That the Board of War be and they hereby are

[1st Sess.] Resolves, etc. — 1779-80. 6^

directed to discharge the said Davis from the Sura of Nine
Thousand seven Hundred and twenty-eight Pounds eighteen
Shillings and four Pence, being the amount of sundry Articles
supplied by the said Davis for building and fixing out the Brig:
Hazard; and the Commissary General of this State is hereby
directed to discharge the said Davis from the Sum of Forty-five
Pounds one Shilling and four Pence, being the amount of sundry
Articles he supplied for the same Purpose, as the said Articles
were not charged to this State by said Davis in his Account
settled February 10th, 1778. And the Board of War are further
directed to discharge the said Davis from the Sum of Thirty-
seven Thousand and sixteen Pounds seventeen Shillings and ten
Pence, which appears by their Account to be the amount of
Cloathing and other Articles delivered to said Davis for the
Army, he having accounted for the Delivery of the same. And
it is further

Resolved, That the Committee appointed to state and settle
the Accounts of this State, and who have been directed to settle
the said Davis's Accounts, be and they hereby are directed to
allow the said Caleb Davis, Esq., two and a half per Cent, on
the amount of his Account, for Articles purchased for the Use
of the Army. And it is further

Resolved, That the said Committee do allow said Davis the
further Sum of Three Hundred Pounds for his other Services
and Expences in receiving and sending forward to the Army the
Stores supplied by the Board of War and others, for which he
has no Consideration in the foregoing Allowance. [Passed June 17.

CHAPTER 128.

RESOLVES REPEALING PART OF A RESOLVE, OF APRIL 16th LAST,
ESTABLISHING A REGIMENT OF LIGHT INFANTRY IN CONTI-
NENTAL PAY, AND GRANTING INCREASED STATE PAY.

Resolved, That the Resolve of the 16th of April last, intitling Legislative
each Non-commissioned Officer and Soldier who shall inlist into councif,° * ^
the Regiment of Light Infantry proposed to be raised in this ^^ ' ^^^'
State, and to do Duty in the New England States, under the Archives,
Command of Col. John Jacobs, to receive Ten Pounds per Cal- Mass" ' ^ '
endar Month, so far as it relates to the Ten Pounds, and the Ma^°s^s^sioii
Resolve allowing a Suit of Cloaths to each Non-commissioned chap. 127.

Officer and Soldier that should inlist into said Regiment; and Province
also the Resolve allowing additional Pay to the Commissioned ^hap' 2^92; ®^''
Officers in the aforesaid Regiment be and they are hereby re-
pealed. And in lieu thereof, be it

Resolved, That there be paid out of the public Treasury of this
State to such Field-Officers that shall be commissioned by the
major Part of the Council for said Regiment, to the Colonel
Forty-five Pounds, to the Lieutenant Colonel Forty Pounds, to
the Major Thirty-five Pounds per Month during said Service;
and that there be paid out of the public Treasury of this State
to each Captain, commissioned as aforesaid. Thirty Pounds per
Month, to each Lieutenant Twenty-four Pounds per Month, to
each Serjeant Eighteen Pounds per Month, to each Corporal,
Drum and Fife Seventeen Pounds per Month, and to each Pri-
vate Sixteen Pounds per Month, to a Surgeon Thirty Pounds per
Month, to a Surgeon's Mate Twenty Pounds per Month, in Ad-
dition to their respective Continental Pay. And the Honorable
the major Part of the Council are requested to make out their

Resolves, etc. — 1779-80. [Chaps. 129, 130.1

Legislative
Records of the
Council,
xxxix., 344.
Mass.
Archives,
ccxxiii., 169.
Mass.
Resolves,
May Session,
chap. 126.

Warrants on the Treasurer of tliis State in favor of such Muster-
Masters as shall apply for the same, to enable them to pay the
Bounty given by the Resolves of the General Court of the 16th
of April last; the said Muster-Masters to be accountable to this
Court for the Sums they shall receive. [Passed June 18.^

CHAPTER 129.

RESOLVES DETACHING THREE COMPANIES OF MEN FROM THE
COUNTIES OF SUFFOLK, ESSEX AND WORCESTER, TO SERVE AS
GUARDS IN BOSTON AND RUTLAND, WITH ADDITIONAL PAY AND
ALLOWANCE OVER THEIR CONTINENTAL PAY.

Resolved, That the Honorable the major Part of the Council
be requested to issue their Orders to the Brigadier of the County
of Suffolk, ordering him to detach from his Brigade one Company
of Men, consisting of one Captain, two Lieutenants, and eighty
Non-commissioned Officers and private Soldiers; and to the
Brigadier of the County of Essex, ordering him to detach from
his Brigade one Company, consisting of one Captain, two Lieu-
tenants, and eighty Non-commissioned Officers and private
Soldiers, which said two Companies are to do Duty as Guards
in and about Boston until the first Day of October next, to be
under the Command of the Commander in Chief of this Depart-
ment. And it is further

Resolved, That the said major Part of the Council be requested
to issue their Orders to the Brigadier of the County of Worcester,
ordering him to detach from his Brigade one Captain, one Lieu-
tenant, and fifty Non-commissioned Officers and private Soldiers,
to do Duty as a Guard in Rutland, which Guard aforesaid are to
serve until the first Day of October aforesaid, and that the sev-
eral Guards aforesaid, over and above their Continental Pay and
Rations, shall have the following Pay and Allowance, to each
Captain Twelve Pounds, to each Lieutenant Nine Pounds, and
to each Non-commissioned Officer and private Soldier Thirteen
Pounds, for every Calendar Month while in said Service. [Passed
June 18.

CHAPTER 130.

I«gislative
Records of the
Council,
xxxix., 345.
Mass.
Archives,
ccxxiii., 170.
Mass.
Resolves,
May .Session,
chap. 128.

Mass.
Archives,
ccxxiii., 171,
\1VA\ cclxirv.
34.

RESOLVE GRANTING A FIREARM AND BAYONET TO RICHARD
BELCHER IN COMPENSATION FOR HIS LOSS AT RHODE ISLAND

IN 1778.

The Committee appointed to take into Consideration the
Petition of Richard Belcher, setting forth his Loss of a Fire- Arm,
Cartouch-Box, &c., in the Expedition against Rhode-Island, in the
Month of August 1778, have attended that Service, and ask leave
to Report the following Resolve

Resolved, That the Board of War be and they hereby are
directed to deliver to the said Richard Belcher, or his Order, one
good Fire-Arm and Bayonet, in full Compensation for the Loss
he sustained, as set forth in his Petition. [Passed June 18.

I This date is same in Massachusetts Resolves, but June 15 according to Legis-
lative Records of the Council.

[1st Sess.] Resolves, etc. — 1779-80. 69

CHAPTER 131.

VOTE CHOOSING CAPT. JOSIAH LYMAN, 2nd MAJOR OF THE 4th
REGIMENT IN HAMPSHIRE COUNTY.

In Council Relordsofthe

The Council, by Ballot, made Choice of Capt. Josiah Lyman Council,
of Belchertown, to be a Second Major of the fourth Regiment of uast' ^^^'
Militia in the County of Hampshire, whereof Elisha Porter, Esq., ^xxurm

is Colonel. Mass.

In the House of Representatives May* Session,

Read and concurred. [Passed June 19. chap. i3i.

CHAPTER 132

RESOLVE APPOINTING AMOS SINGLETARY, SETH WASHBURN AND
EDWARD DAVIS. ESQUIRES, A COMMITTEE TO MAKE SALE OF
THE STATE POWDER MILL, ETC., AT SUTTON.

Resolved, That Amos Singletary, Seth Washburn and Edward legislative
Davis, Esquires, be a Committee to make Sale of the Powder- coundf,*'^*''^
Mill, belonging to this State, at Sutton together with all the ^^^- 3i8-
Appurtenances thereto belonging, either at Public or Private Sale, Archives,
as they shall think most for the Interest of the State, after giving Mass" ' ^^^'
timely Notice in two of the public Papers; and the said Committee j[j^*°'g®^'.
are hereby directed in Behalf of the State, to make and execute chap. 129.
a good and lawful Deed of the same, to any Person or Persons
who shall purchase the same, and to pay to the Treasurer as
soon as may be after the Sale, the Money which they shall receive
for the Premises, taking duplicate Receipts, one of which to be
lodged with the Secretary. [Passed Jime 19.

CHAPTER 133. if gi^'ative

Records of the
Council,

RESOLVE EXEMPTING FIRE ENGINE MEN IN MEDFORD FROM S" ^*^'
MILITARY DUTY, THE SAME AS IN BOSTON AND CAMBRIDGE. Archives,

ccxxiii., 177.

Mass.

Resolved, That twelve Men be exempted from Military Duty, ^^^oives,
in the Town of Medford, for Fire Engine Men, in the same Man- chap, m
ner as the Engine Men are in Boston and Cambridge, agreeable to Mass.
a Resolve passed for that purpose, February 16th, 1778. [Passed ^xl^-j'^ns

June 19. Province

Laws, XX., 294,

chap. 782.

CHAPTER 134.

RESOLVE DIRECTING MR. JOHN LOWELL TO DELIVER TO HENRY
GARDNER, ESQ., STATE TREASURER, THE SUM OF $800,000 AND
THE TREASURER'S NOTES FOR £18,000 L. M. (EQUAL TO $60,000)
HE RECEIVED FROM MICHAEL HILLEGAS, ESQ., CONTINENTAL
TREASURER.

•r. T ..,>-_ Legislative

Q Boston June 1/th 1//9. Records of the

^5IR Council,

In pursuance to my Appointment, I proceeded to Philadelphia Mass' ^*^'
and have received on Account of the State of the Massachusetts- Archjyes,
Bay Eight Hundred Thousand dollars, also a Number of State n^'Mail^'
Notes issued by the Board of War here, which Michael Hilligas, M^^Session
Esq., Continental Treasurer, Exchanged and which I was by an chap. 132.

Resolves, etc. — 1779-80.

[Chap. 135.]

Order of Council directed to take up, which Money and Notes are

ready to be delivered to the Order of the Honourable Court

I am with respect

Your Honours

Most Obedient and Most Humble Servant

_ _, John Lowell

Hon. Jeremiah Powell, Lsq.

President of Council.

The Committee of both Houses appointed to Consider the
foregoing Letter have attended the Service and take leave to
report by way of Resolve, which is Submitted

Thomas Cushing per Order

Resolved, That Mr. John Lowell be and hereby is directed to
pay into the Hands of Henry Gardner, Esq., Treasurer of this
State, the Sum of Eight Hundred Thousand Dollars, he received
of Michael Hillegas, Esq., Continental Treasurer, on account of
this State, he taking duplicate Receipts for the same, and lodging
one of them in the Secretary's Office; and the Treasurer is hereby
directed to receive the same and carry it to the Credit of the
United States; and said Lowell is also directed to deliver into the
Hands of the said Henry Gardner, Esq., the six Treasurer's Notes
dated the 20th of February, 1779, issued in favour of Samuel
Phillips Savage, amounting in all to Eighteen Thousand Pounds,
Lawfull Money, equal to Sixty Thousand Dollars, which said
Lowell received of Michael Hillegas, Continental Treasurer, in
Part of the Warrant of Congress, dated the 5th of April last, in
favor of this State, for the Sum of One Hundred and fifty Thou-
sand Dollars, and the Treasurer is hereby directed to receive said
Notes, and to consider them as redeemed, and carry their Amount
to the Credit of the United States, in Part on Account of the One
Hundred and fifty Thousand Dollars, aforesaid.
In Council

Read and accepted

In the House of Representatives

Read and concurred. [Passed June 19.

CHAPTER 135

Legislative
Records of the
Council,
xxxix., 345.
Mass.
Archives,
ccxxiii., 190.
Mass.
Resolves,
May Session,
chap. 1.08.

Mass.
Archives,
clx., 125;
ccxxiii., 192-
194. Province
Laws, XX., 626,
chap. 544.

RESOLVES RECOMMENDING A CONSTITUTIONAL CONVENTION AT
CAMBRIDGE SEPT. 1st, INSTRUCTED TO CAUSE PRINTED COPIES
OF THE FORM AGREED UPON TO BE SENT TO THE SEVERAL TOWNS
AND PLANTATIONS AND IF APPROVED AT MEETINGS BY TWO
THIRDS OF THE FREEMEN PRESENT TO BE ESTABLISHED AS THE
GOVERNMENT OF THE STATE OF MASSACHUSETTS BAY.

Whereas by the Returns made into the Secretary's Office from
more than two thirds of the Towns belonging to this State, agree-
able to a Resolve of the General Court of the 20th of February last,
it appears that a large Majority of the Inhabitants of such Towns
as have made Return as aforesaid think it proper to have a new
Constitution or Form of Government, and are of Opinion that the
same ought to be formed by a Convention of Delegates, who should
be specially authorized to meet for this Purpose: Therefore

Resolved, That it be and it hereby is recommended to the
several Inhabitants of the several Towns in this State to form a
Convention for the sole purpose of framing a new Constitution,
consisting of such Number of Delegates from each Town through-
out the State, as every different Town is entitled to send Rep-
resentatives to the General ('ourt, to meet at Cambridge, in the
County of Middlesex on the 1st day of September next.

[1st Sess.] Resolves, etc. — 1779-80. 71

And the Selectmen of the several Towns and Places in this
State, impowered by the laws thereof to send Members to the
General Assembly, are hereby authorized and directed to call a
Meeting of their respective Towns at least fourteen days before
the meeting of the said Convention, to elect one or more Dele-
gates to represent them in said Convention, at which Meeting for
the election of such Delegate or Delegates, every Freeman, in-
habitant of such Town, who is twenty-one years of age, shall have
a right to vote. Be it also

Resolved, That it be and hereby is recommended to the in-
habitants of the several Towns in this State to instruct their
respective Delegates to cause a printed copy of the P'orm of a
Constitution they may agree upon in Convention, to be trans-
mitted to the Selectmen of each Town, and the Committee of
each Plantation, and the said Selectmen and Committees are
hereby impowered and directed to lay the same before their
respective Towns and Plantations at a regular Meeting of the
Male inhabitants thereof, being free and twenty-one years of age,
to be called for that purpose, in order to its being duly considered
and approved or disapproved by said Towns and Plantations;
and it is also recommended to the several Towns within this
State to instruct their respective Representatives to establish the
said Form of a Constitution as the Constitution and Form of
Government of the State of Massachusetts Bay, if, upon a fair
Examination it shall appear that it is approved of by at least
two thirds of those who are free and twenty-one years of age,
belonging to this State, and present in the several Meetings.
[Passed June 21}

CHAPTER 136.

RESOLVE LAYING AN EMBARGO ON PROVISIONS UNTIL THE 15th
OF NOVEMBER NEXT.

Whereas the Exportation of Provisions from this State hath a Legislative
direct Tendency to increase the Distresses of the good People of counclf,"^* ^
the same, and also to supply the Armies of the Enemy with those ^''''^ ■ ^*^-
Articles which they are in pressing Need of: Therefore Archives,

Resolved, That an Embargo be and hereby is laid to prohibit m^"' ' ^^^'
the Exportation of Wheat, Flour, Rye, Indian Corn, Rice, Bread, j^|®°fe*'-
Beef, Pork, Bacon, Live Stock, and other Provisions, from any chap. 137.
Sea-Port within this State, from and after the 22nd day of June '

instant, untill the 15th day of November next, and any Master
or Owner of any Ship or Vessel that presume to lade on Board
any Ship or Vessel in any Sea-Port within this State within the
Term aforesaid, any of the above enumerated Articles, and shall
put to Sea with any of said Articles on Board, the said Ship or *
Vessel, with her Cargo, shall be liable to be seized and declared
forfeited, upon conviction thereof in the Maritime Court of this
State, one Moiety thereof to the Use of this State, and the other
Moiety to the Use of him or them that shall seize and bring for-
w^ard a Process against the said Ship or Vessel, unless such Owner
or Master shall first have and obtain leave from the General
Court of this State, or in the Recess from the Council of the
same, provided that this Embargo shall not be construed to pre-
vent the taking on Board such Provisions as shall be necessary
for the Stores only of any Ship or Vessels of War, or others trad-
ing to and from these States. [Passed June 21.

1 This date is same in Massachusetts Resolves, but June 18 according to Legisla-
tive Records of the Council.

Resolves, etc. — 1779-80. [Chaps. 137, 138.]

CHAPTER 137.

RESOLVE FOR LICENSING ELEAZER RICE TO KEEP A TAVERN IN
RUTLAND, TEMPORARILY.

Legislative
Records of the
Council,
xxxix., 350.
Mass.
Archives,
ecxxiii., 183.
Mass.
Resolves,
May Session,
chap. 134.

Mass.
Archives,
ecxxiii., 184.

On the Petition of John Frlnk and others, Selectmen of Rut-
land, in the County of Worcester, setting forth the Necessity of
an Innholder being Licensed in said Town, for Reasons set forth
in said Petition: Therefore

Resolved, That any two of the Justices of the Peace in the
County aforesaid, Quorum unus be and they are hereby fully
authorized and impowered to grant a Licence to Eleazer Rice of
Rutland, to keep a public Tavern untill the next Session of the
said County Court, and to recognize said Eleazer Rice to observe
good Rule and Order, agreeable to the Law of this State relating
to public Licenced Houses, any Law, Usage or Custom to the Con-
trary notwithstanding. [Passed June 21.

CHAPTER 138

RESOLVES FOR PROCURING SHIRTS, SHOES AND STOCKINGS FROM
THE INHABITANTS BY OCT. 1st, AS BY SCHEDULE ANNEXED.
BEING EQUAL TO ONE SEVENTH PART OF THE MALE INHABIT-
ANTS ABOVE 16, PROVIDING FOR THEIR COLLECTION, PAYMENT,
TRANSPORTATION, AND PENALTIES FOR FAILURE TO COLLECT.

Legislative
Records of the
Council,
xxxix., 351.
Mass.
Archives,
ecxxiii., 185-
188. Mass.
Resolves,
May Session,
chap. 139.

Resolved, That the Selectmen of each Town in this State be and
they are hereby required and directed to collect from the In-
habitants of their Towns respectively, or otherwise procure upon
or before the 1st Day of October next, the Number of Shirts,
Pairs of Shoes and Pairs of Stockings set and affixed to their
respective Towns in the following Schedule, the same being a
Number of each of those Articles equal to one seventh Part of
the Male Inhabitants of such Town above the Age of sixteen
Years, as returned into the Secretary's Office, viz.

County of Suffolk.

Boston .

Roxbury

Dorchester

Milton .

Braintree

Weymouth

Hingham

Dedham

Cambridge

Woburn

Reading

Stoneham

Bedford

Acton .

Sudbury

Medford

407
56
55
41
89
49
76
74

Salem .

. . 166

Ipswich

. . 152

Lynn

. . 62

Rowley

. . 61

Gloucester .

. . 137

Almsbury .

. . 59

Middleton .

. . 24

Medfield

Hull ....

Wrentham

Walpole

Brookline .

Chelsea

Needham .

Cohasset

Stoughton .

Franklin

Stoughtonham

Fox borough

Medway

Bellingham

CouN-TY OF Essex.

Danvers .... 77

Newbury-Port

122

Newbury .

104

Marblehead

156

Andover

102

Beverly

Salisbury .

Haverhill .

Topsfield .

Boxford

Bradford

Wenham

Manchester

Methuen .

County of Middlesex.

Westford . . . .41

Watertown

Framingham

Newton

Sherburn .

Billerica

Weston

Chelmsford

Hopkinton

. 41

Wilmington

Stow

. 32

Charlestown

Pepperell .

. 32

Concord

Dunstable .

. 24

Marlborough .

'[1st Sess.

Resolves, etc. — 1779-80.

County of Middlksex —

Concluded.

Lexington . . . .31

Groton ....

Dracut 33

Maiden

. 33

Townsend .

Tukesbury ... 32

Littleton

. 31

Natick ....

Lincoln .... 28

Waltham .

. 26

HoUiston .

. 32

Shirley .

. 21

Ashby ....

. 14

County of Worcester.

Worcester .... 62

Lunenburgh

. 42

Templeton ... 34

Brookfield .

Dudley

. 33

Winchendon

Sutton . .

Sturbridge .

. 49

Ward . .

Paxton .

. 17

Mendon

. 75

Holden

Barre

Charlton

. 44

Grafton

Southborough

Spencer

. 37

Westminster

Shrewsbury

Oakham

. 19

Princeton

Harvard

New-Braintree

. 27

Northbridge

Upton .

Northborough

. 18

Western

Lancaster .

Uxbridge .

. 39

Petersham .

Oxford . .

Bolton ....

. 43

Athol . .

Leicester

Leominster

. 32

Ashburnham

Rutland

. 37

Hardwick .

. 50

Fitchburgh

Hubbardston

. 19

Dougla.ss

. 28

Westborough

. 31

Royalston .

. 16

DuKE.s County.

Edgartown ... 37

Chilmark .

. 271Tisbury .... 37

County of Nantuc

KET.

Sherburne ....

County of Lincoi

.N.

158

Pownalborough . .51

Georgetown

New-Castlc ... 23

Woolwich .

Topsham .

Bowdoinham .

Bqothbay .

Bristol ....

Vassalborough

Winthrop .

Winslow

Waldoborough

Edgecomb .

Hallowell . . .

Belfast .

Warren

—

Thomaston

Pittston

Meduncook

St.-George's

County of Hampsh

IRE.

Springfield ... 66

Wilbraham

South-Hadley ... 23

Southampton

Hadley . . .

Hatfield .

Amherst

Granby

Westfield .

Whately .

Williamsburgh

Shelburne .

Deerfield

Greenfield .

Montague .

Conway

Sunderland

South-Brimfielc

Northfield .

Brimfield .

Greenwich .

Monson

Pelham

Palmer .

Blanford

Leverett

Belchertown

Granville .

New-Salem

Warwick

Colrain

Ware ....

Charlemont

Bernardston

Murrayfield

Shutesbury and 1 ^^
Ervingshire / "

Ashfield

Worthington .

Chesterfield

Southwick .

Suffield . . . . -

Enfield . .

Somers ....

West-Springfield . . 60

Ludlow

Norwich

No. 5 13

No. 7 or Merryfield

Northampton .

County of Plymou

TH.

Plymouth . . . . 95 1

Middleborough

151

Hanover .... 38

Marshfield

Rochester .

Wareham .... 22

Scituate

Kingston .

Pembroke .... 61

Bridgewater

169

Halifax

Abington . . . .46

Duxbury .

Plympton .

County of Barnsta

BLE.

Barnstable ... 82

Eastham

Chatham .... 30

Provincetown ... 6

Truro ....

Yarmouth .... 73

Sandwich .... 55

Wellfleet . . .

Harwich .... 64

Falmouth .

County of Bristc

Taunton . . . .113

Rehoboth .

141

Swanzey .... 64

Dartmouth . . .128

Dighton

Mansfield .... 36

Attleborough ... 72

Easton ....

Freetown . . . .61

Raynham .

Norton

Berkley . .

Resolves, etc. — 1779-80.

[Chap. 138.]

York . .
Berwick
Massabeseck
Fryeburgh .
Buxton

County of York.

Kittery . . . .91
Arundel .... 36
Pepperelborough . . 27
Sanford .... 23
Little-Falls ... 10

Wells .
Biddeford
Lebanon
Brownfield

83
31
18

County of Cumberland.

Falmouth .

Scarborough

Gorham

Pearsontown

Royalsburgh

103
66

48
11

Cape-Elizabeth
Brunswick .
Windham .
New-Boston
North- Yarmout h

Harpswell .

New-Glocester

Raymondtown

County of Berkshire.

Sheffield &
Taconick Mountains
Williamstown
Pittsfield .
Egremont .
Becket .
Richmond .
West^Stockbridge
Plantation No. 5
New-Ashford .

Great-Barrington .
New-Marl borough
Lenox .
Tyringham
Gageborough .
Loudon

Alford . . .
Plantation No. 7
Equivalent
Partridgefield .

Lanesborough .

. 51

Stockbridge

. 36

Sandisfield

. 36

Hancock

. 16

Washington

. 18

East-Hoosuck .

. 23

Plantation

New-Providence

Lee

. 20

Resolved, That the Selectmen of each Town shall, upon or
before the 1st Day of October next, cause the said articles to be
transported to such place or places, in the Counties to which
they respectively belong, as the Agent of the County, who shall
be by the General Court appointed to receive them shall order.

Resolved, That the following persons be and they hereby are
appointed to receive, in the Counties whereof they are inhabit-
ants, the articles aforesaid, when so collected, viz. ■

In the
In the
In the
In the
In the
In the
In the
In the
In the
In the
In the
In the
In the
In the

County
County
County
County
County
County
County
County
County
County
County
County
County
County

of Suffolk, .
of Essex,
of Middlesex,
of Hamijshire,
of Plymouth,
of Barnstable,
of Bristol,
of York, .
of Dukes-County
of Nantucket,
of Worcester,
of Cumberland,
of Lincoln, .
of Berkshire,

Lemuel Kollock, Esq., [of Wrentham.] *
Col. Israel Hutchinson, [of Danvers.]
Maj. Joseph Hosmer, [of Concord.]
Maj. Warham Parks, [of Westfield.]
Capt. David Kingman, [of Bridgewater.J
Col. Enoch Hallet, [of Yarmouth.]
Brigadier George Godfrey, [of Taunton.]
Edward Cutts, Esq., [of Kittery.]
Col. Beriah Norton.
Stephen Hussey, Esq.
Seth Washburn, Esq., [of Leicester.]
John Lewis, Esq., [of North Yarmouth.]
Mr. Moses Copeland, [of Warren.]
Col. Caleb Hyde, [of Lenox.]

And that said Agents shall, upon their receiving said Articles,
transport them to such Place or Places, within this State, as this
Court shall order and direct, and shall, upon or before the 1st
Day of December next, make out, and lodge in the Secretary's
Office, a true and perfect inventory of the Articles which they
shall so receive, with the names of the Selectmen and Towns
from whence they receive the same, and the prices at which the
Selectmen shall charge them, in order that the same may be
examined by a Committee of this Court, to be, upon or before
that time for that purpose, especially appointed.

Resolved, That when the said Accounts are examined and ap-
proved l)y such Committee, that Warrants be made out by the
major Part of the Council on the Treasurer, in favor of such
Selectmen, for the Sums that may be due to them upon such
Accounts. And the Selectmen, when they shall have received
such Sums, shall pay the same over to those who shall have sup-
plied them with the Shirts, Shoes and Stockings as aforesaid. Also

' Residences have been added from Massachusetts Resolves.

[1st Sess.] Resolves, etc. — 1779-80. 75

Resolved, That such Selectmen and Agents lay before the same
Committee an Account of their services and expences, in order
that the same may be examined and paid, in manner aforesaid.

Resolved, That if the Selectmen of any Town shall neglect to
make return of their doings to the Agent of their County, pur-
suant to this Resolve; such Selectmen shall be liable to pay a
fine of Ten Pounds, to the use of this Government, to be recov-
ered by Action of Debt, at the suit of such person as the General
Court shall appoint to bring the same. And in those Plantations
where there are no Selectmen, the Committees of Correspondence,
&c. are hereby directed and commanded to do the business by
this Resolve required of Selectmen, and shall be liable to the
same penalties, and, in every respect, in the same sence account-
able for their conduct. And it is further

Resolved, That if any Town shall be so regardless of their duty
and interest as to neglect to procure the Articles required by
the Selectmen and Committees aforesaid, in consequence of these
Resolves, that such Town shall forfeit and pay double the Value
of the deficient Articles for such neglect, which Sum shall be
added to such Town's proportion of the next State Tax.

And if any Agent appointed for the purposes aforesaid, shall
neglect to make return as aforesaid upon or before the said first
Day of December, such Agent shall be liable to pay a fine to
this Government of Fifty Pounds, to be recovered by an Action
of Debt at the suit of such Person as the General Court shall
appoint to bring the same. [Passed June 21.

CHAPTER 139.

RESOLVES APPOINTING AND EMPOWERING JOHN GODDARD, CON-
DUCTOR OF STORES, AT £50 PER MONTH, A HORSE AND EX-
PENSES.

Resolved, That Mr. John Goddard be and he hereby is appointed Records' of the
Conductor of Stores for this State, whose Business it shall be to Council,
oversee and provide for the Transportation of all Stores belong- mSs.'
ing to this State, whenever called on for that Purpose; particularly ^^^^^ji'^^'gi
to receive from the Committee appointed by this Court to pro- Mass.
cure Stores for that Part of the Continental Army raised in this May'sSion,
State, all such Stores and other Articles as they shall provide for chap. 135.

said Purpose, and transport the same to such Place as said Com- ^os<. p- ^7,
mittee shall direct, and deliver them to the Commissary, or such ^ ^^'
other Person as is appointed to distribute them to the Army,
taking Receipts for the same, and the Honorable Council are
hereby requested to grant Warrants on the Treasury of this
State, from Time to Time, for such Sums of Money as they shall
judge necessary to enable him to prosecute said Business, he to
be accountable for the Sums he shall receive; and the said Goddard
is hereby impowered to employ such Persons in said Business as
he may judge the Service requires. And it is further

Resolved, That the said Goddard shall be intitled to and receive
the Sum of Fifty Pounds per Month, for each Calendar Month
he shall be in said Service, also a Horse found him, and necessary
Expences paid by this State. [Passed June 21.

Resolves, etc. — 1779-80. [Chaps. 140-142.]

CHAPTER 140.

T-egislative
Records of the
Council,
xxxix., 358.
Mass.
Archives,
ccxxiii., 180.
Mass.
Resolves,
May Session,
chap. 133.

Ante, p. 33,
chap. 66.

RESOLVES EMPOWERING THE FIELD OFFICERS OF THE 800 MEN
DETACHED FOR THE DEFENCE OF RHODE ISLAND TO APPOINT
A SURGEON, SURGEON'S MATE, ETC., AND OF THE REGIMENTS
TO BE RAISED FOR THE SAME, AN ADJUTANT AND QUARTER-
MASTER, WITH ADDITIONAL PAY.

Resolved, That the Field-Officers appointed to command the
Eight Hundred Men ordered to be detached by the Resolves
of the General Court of the 8th of June Instant, to do duty in
the State of Rhode Island, be and they hereby are impowered
and directed to appoint to said Eight Hundred Men, one Surgeon,
who shall be intitled to receive out of the Treasury of this State,
in addition to his Continental Pay, the Sum of Thirty Pounds,
and one Surgeons-Mate, who shall be intitled to receive in manner
aforesaid, the Sum of Twenty Pounds per Calendar Month, during
the Term they shall respectively continue in said Service, and
also one Drummer and one Fifer to each Company so raised, who
shall be intitled to receive Seventeen Pounds for each Calendar
Month, during the Term they shall continue in said Service.

Resolved, That the Field-Officers of each of the Regiments pro-
posed to be raised in this State to do Duty in the State of Rhode
Island be and they hereby are directed to appoint from the Line
of their respective Regiments, one Adjutant and one Quarter-
Master. [Passed June 21.

CHAPTER 141.

RESOLVE DIRECTING THE COMMITTEE FOR METHODIZING AND
STATING ACCOUNTS TO SUBMIT AN ACCOUNT OF ALL MONEYS
AND OTHER ARTICLES DELIVERED FOR PUBLIC SERVICE, AND
NOT ACCOUNTED FOR.

Legislative
Records of the
Council,
xxxix., 359.
Mass.
Archives,
ccxxiii., 179.
Mass.
Resolves,
May Session,
chap. 136.

Whereas it is of great Importance that all Persons who have
been intrusted with public Property be called on to account for
the Expenditure of the same: Therefore

Resolved, That Messieurs John Deming and Peter Boyer, who
are appointed to methodize and state the Accounts of this State
be and they hereby are directed to lay before the General Court
on the second Wednesday of their next Session, an Account of all
Monies and other Articles (the Property of this State) which have
been delivered to any Person or Persons for the public Service,
and not been accounted for. [Passed June 21.

Legislative
Records of the
Council,
xxxix., 335.
Mass.
Archives,
ccxxiii., 204.
Mass.
Resolves,
May Session,
chap. 141.

Mass.
Archives,
ccxxiii., 202,203.
Legislative
Records of the
Council,
xxxix., 359.

CHAPTER 142.

VOTES CHOOSING CAPT. SIMEON SAMPSON TO COMMAND THE STATE
SHIP BUILDING AT NEWBURYPORT, TO BE NAMED PROTECTOR.

In the House of Representatives
The House, by Ballot, made Choice of Capt. Simeon Sampson to
command the Ship building at Newbury-Port, for this State. And
Resolved, That the said Ship be named Protector.

In Council
Read and Concurred. [Passed June 22.^

' This date is same in Massachusetts Resolves, but June 16 according to Legisla-
tive Records of the Council.

[1st Sess.] Resolves, etc. — 1779-80. 77

CHAPTER 143.

RESOLVE DIRECTING THE COMMITTEE TO PROCURE SMALL STORES
FOR THE CONTINENTAL ARMY TO APPOINT CONDUCTORS OF
STORES; AND EMPOWERING THE SAME.

Whereas Ebenezer Wales, Esq., Capt. Amasa Davis and Capt. ^^'^/ds'ofth
Josiah Batcheloi*, jun., are appointed a Committee for the Purpose Council,
of purchasing from Time to Time, until the further Order of this u^f.' "
Court, small Stores, as they or the major Part of them think ^''*'-""'^43
necessary, for the Relief and Comfort of that Part of the Con- Mass. '
tinental Army raised in this State, as by the Resolve of the mI^ session,
12th Instant appears: And whereas there is no Conductor of chap. i4o.
Stores appointed by this Court to provide Teams and Carriages '4?!(e, p. .57,
to transport the same to the several Places for which they are or chap! 139.' ^' '
may be intended; and whereas it appears necessary that some
Person or Persons be appointed to take proper Care said Stores
be conducted for the Services of the Army as aforesaid: Therefore

Resolved, That the said Ebenezer Wales, Amasa Davis and
Josiah Batchelor, jun., a Committee aforesaid, be and are hereby
impowered and directed from Time to Time, as they shall think
necessary, to appoint one or more Conductors of Stores, to take
proper Care to provide Teams and Carriages, and cause said
Stores to be transported to the several Places of their several
Apartments or Places of Destination; and that the said Commit-
tee, or any Person whom they shall appoint (if Necessity requires
it) are hereby directed to apply to a Justice of the Peace, or the
Selectmen or Committee of Safety, where no Justice is, of any
Town in this State, who are hereby authorized and directed on
such Application to issue their Warrant directed to a Constable
of said Town, to impress as many Teams, Carriages and Drivers
as shall be necessary for the Purposes aforesaid; and it is hereby
desired that the Civil Authority and the good People of this State
be aiding and assisting in the Premises, if thereto requested.
[Passed June 22.

CHAPTER 144.

RESOLVE ESTABLISHING QUARANTINE FOR CARTELS AT CASTLE

ISLAND.

Whereas the Inhabitants of this State have been greatly ex- Legislative
posed to infectious Distempers by Persons arriving in Cartels, and councif, °^ *^'^^
being permitted to come on Shore before said Vessels have been ex- ^'^^■^ 362.
amined and the Persons infected properly cleansed: Therefore Archives,

Resolved, That the Honorable the Council be and they hereby Mas"'" ^*°'
are requested to give Orders to the Commanding Officer at Castle j^^soives.
Island not to permit any Cartel to come to Town until she has chap. 144.
been examined, and a Permit for that Purpose be given, and the
Honorable Council are further requested to take such further
Measures as to them shall appear necessary to prevent in future
the Danger which otherwise the Inhabitants may be exposed to
from Cartels. [Passed June 22.

Resolves, etc. — 1779-80. [Chaps. 145-147.]

CHAPTER 145

RESOLVE PERMITTING NEHEMIAH WEBB AND HIS SON, PRISONERS
OF WAR, WITH HIS WIFE AND CHILDREN IF THEY INCLINE, TO
GO TO HALIFAX FOR EXCHANGE.

Legislative
Records of the
Council,
xxxix., 362.
Mass.
Archives,
ccxxiii., 236.
Mass.
Resolves,
May Session,
chap. 145.

Mass.
Archives,
ccxxiii., 237.

Upon the Petition of Nehemiah Webb, praying that he and
his Son, who are now held as Prisoners of War, may be exchanged,
and that he raay be suffered to carry with him his Wife and Chil-
dren, with their Effects, to HaHfax:

Resolved, That the Prayer of the said Petition be granted, and
that the said Nehemiah Webb have Liberty to depart for Halifax
or any Part of Nova-Scotia, and to carry with him his Wife,
Children, and such of his Effects as the Committee of Correspond-
ence, Inspection and Safety of the Town of Sandwich may judge
reasonable and necessary, provided his said Wife and Children
incline to go with him, in the next Cartel or in the Vessel which
Robert Foster is permitted to go in, and the Commissary of Pris-
oners for this State is hereby directed to see that the said Webb
and his Son are exchanged for an equal Number of our Prisoners
of the same Rank. [Passed June 22.

CHAPTER 146.

RESOLVE EMPOWERING THE ADMINISTRATOR OF RICHARD DAY
TO EXECUTE A DEED TO REV. JOSEPH BROWN.

Legislative
Records of the
Council,
xxxix., 363.
Mass.
Archives,
ccxxiii., 234.
Mass.
Resolves,
May Session,
chap. 151.

Mass.
Archives,
ccxxiii., 235.

On the Petition of John Day, Administrator on the Estate of
Richard Day, late of Winchendon, in the County of Worcester,
deceased, praying that he may be impowered to make and execute
a good and lawful Deed of Sale of One Hundred Acres of Land
in said Winchendon, lying nigh the Meeting-House, it being Lot
No. Two, in the South Division, with the Buildings thereon, to the
Rev. Joseph Brown:

Resolved, That the Prayer be granted, and that the Petitioner
in his said Capacity be and he is hereby impowered to make and
execute a good and sufficient Deed of Sale of the above mentioned
Premises unto the Rev. Joseph Brown, which Deed so made and
executed shall be as good and valid in Law, as if the same had
been made and executed by the said Richard Day in his Life-
Time, any Law, Usage or Custom to the contrary, notwithstand-
ing. [Passed June 22.

CHAPTER 147

Legislative
Records of the
Council,
xxxix., 363.
Mass.
Archives,
ccxxiii., 216,
232.

RESOLVES FURNISHING STORES, MEN AND BOUNTY MONEY TO
COL. ALLAN, SUPERINTENDENT OF INDIAN AFFAIRS AT MACHIAS;
ORDERING COMPLETION OF FORTIFICATIONS THERE; ALLOWING
INDIANS TO TESTIFY IN TRADE CASES AND PUTTING AN EMBARGO
ON PERSONS GOING TO NOVA SCOTIA FOR THEIR EFFECTS.

Resolved, That the Board of War be and they are hereby di-
rected to furnish Col. [Johnj^ Allan with the Articles mentioned in
the Schedule annexed, and whereas they have not all the said Articles
by them, they are hereby impowered and directed to borrow of the
Continental Agent such Articles as he can supply them with. Also

' Massachusetts Soldiers and Sailors of the Revolutionary War, i., 130.

[1st Sess.]

Resolves, etc. — 1779-80.

Resolved, That the Treasurer of this State be and he is hereby
directed to pay into the Hands of the Board of War the Sum of
Thirty Thousand Pounds, to enable them to purchase such Articles
as they have not in their Possession and cannot borrow of the
Continental Agent, where they are to be had, Col. [John] Allan
to be accountable to this State for the whole of said Supplies.
Also

Resolved, That the Company of Artillery-Men under the com-
mand of Lieut. [William]^ Albee be filled up to the Number of
Thirty-three, including Officers.

Resolved, That a Company of Rangers, consisting of Sixty Men,
including Officers, be immediately raised, agreeable to a Resolve
of the 20th of April, 1779.

Resolved, That the Officers and Seamen on Board the Schooner
Neashquewait, be paid according to an Agreement made with
them by Col. [John] Allan when they entered.

Resolved, That Col. [John] Allan be immediately supplied out of
the public Treasury of this State with Two Thousand Pounds,
to enable him to pay the Bounty to such Men as he shall inlist,
which shall be Thirty Pounds to each Man he shall so inlist,
said [John] Allan to be accountable to this State for said Sum.

And whereas sundry Laws and Resolves have been made to
prohibit Persons trading with the Indians, all which have hitherto
proved ineffectual for want of Evidence, which could not be
obtained, as said Indians were not allowed to be admitted as
Witnesses : Therefore

Resolved, That in future the Indians shall be admitted as good
and lawfull Evidenee, being first sworn in their own Way.

And whereas great Inconveniences have arisen, and Damage
accrued to this State by Persons being permitted to go from hence
to Nova-Scotia, under pretence of removing their Effects, which
has terminated in an open Trade with the Enemy in some Parts
of this State: Therefore

Resolved, That in future no Person upon any pretence what ever
shall be permitted to go from any Part of this State to Nova-
Scotia, until the further Orders of this Court. And it is further

Resolved, That Col. [John] Allan proceed to finish the Fort at
Machias, or build two Block-Houses, as he shall think best.
[Passed Jurie 22.

Mass.
Resolves,
May Session,
chap. 143.

Mass.
Archives,
ccKxiii., 218-
232. Province
Laws, XX., 678,
chap. 672.

Articles which the Board of War can supply viz.

5 hhd Rum and 5 hhd Molasses, Coarse Cloath as a substitute
for 10 ps Stroud, 200 steel Indian Knives, 50 barrels Beef, 2 boxes
Glass, 20 lb Thread and three Casks Nails.

They can borrow from Mr. [James] ^ Richardson a Continental
Commissary 50 barrels Carolina Pork not very good, 2,000 lb
Rice, 30 bushels Peas; of Messieurs [Samuel Allyne]^ Otis & [David] ^
Henley 12 ps Shalloon as a substitute for Calimanco.
Remains

To be purchased with money

3 ps Broad Cloath, qs 75 yds

10 ps Stroud

400 White Shirts, qs 1,400 yards

50 ps Ribbon, qs 900 yds .

50 ps Binding, 1,200 yds

12 ps Calico, 144 yards

20 ps Ferret

80 pound of Thread

6 doz Scissors

24 Shott Moulds

' Massachusetts Soldiers and Sailors of the Revolutionary War, i., 102.

2 Ante, p. 63, chap. 118.

' Journals of the Continental Congress.

£30 .

. £2,250

£160 per piece .

1,600

£3 . . .

4,200

40/ .

1,800

3/ . . .

180

£6 . . .

864

£15 .

300

£6 . . .

480

£7 . . .

£10 .

240

Resolves, etc. — 1779-80. [Chaps. 148-150.1

Legislative
Records of the
Council,
xxxix., 365.
Mass.
Archives,
ccxxiii., 206.
Mass.
Resolves,
May Session,
chap. 150.

Mass.
Archives,
ccxxiii., 207,
20714.

Legislative
Records of the
Council,
xxxix., 366.
Mass.
Resolves,
May Session,
chap. 152.

5 lihd weight of Tobacco

@£30 .

£150

2 boxes Pipes

@ £50 .

100

1(JU Small Hatchetts .

200

6 doz Silk Hankcrchiefs

@ £100

600

6 doz Linnen ditto

@ £20 .

120

12 ps Linnen, 300 yards

@£3 .

900

6 ps Chex, 150 yards .

@£3 .

450

1,000 lb Shott .

@8/ .

400

100 barrells Flour

@ £1201

12,000

1 pipe Wine, qs 120 gallons

@£3 .

360

600 lb Butter or hogs fatt

@ 18/ .

540

70 bushells Peas or Beans

@ £12 .

840

200 bushells Corn

@£12 .

2,400

2 Whale-boats and 1 yawl

600

£31,616

CHAPTER 148.

RESOLVE GRANTING £13. 10s. TO ELIJAH CASWELL FOR HIS SON
JOHN CASW^ELL'S WAGES AND BACK RATIONS ON BRIGANTINE
HAZARD.

On the Petition of Elijah Caswell, pra^ang for his Son's Wages,
as a Seaman in this State's Service, on board the Brig: Hazard:

Resolved, That there be allowed and paid out of the Treasury of
this State to the said Elijah Caswell, the Sum of Thirteen Pounds
ten Shillings, in full for Balance due for his Son John Caswell's
Wages and back Rations in the Service aforesaid. [Passed
June 22.

CHAPTER 149".

RESOLVE GRANTING £1,800 TO THE HON. JOHN HANCOCK, ESQ., FOR
FOUR PAIR OF FOUR-POUND CANNON TAKEN FOR PUBLIC USE
IN 1775.

Whereas four Pair of Four-Pound Cannon, the Property of
the Hon. John Hancock, Esq., were taken at the Beginning of
the present Contest for the public Use, and no Consideration
has been made therefore: Therefore

Resolved, That there be allowed and paid out of the public
Treasury of this State to the Hon. John Hancock, Esq., the Sum
of Eighteen Hundred Pounds, in full for the said Cannon. [Passed
June 22.

CHAPTER 150.

Legislative
Records of the
Council,
xxxix., 366.
Mass.
Archives,
ccxxiii., 215.
Mass.
Resolves,
May Session,
chap. 149.

RESOLVE PERMITTING MARY MURPHEY AND HER CHILDREN TO

GO TO HALIFAX.

On the Petition of Mary Murphey, praying for Liberty to
proceed to Halifax by the first Opportunity:

Resolved, That the Prayer of this Petition be granted, and that
Mary Murphey be and she hereby is permitted with her two
Children to depart this State and proceed to Halifax, in the next
Cartel that shall sail from this Port, and not return to this State
again, and the Commissary of Prisoners be directed to see that
she carry no Letters or Papers detrimental to this or the United
States of America. [Passed June 22.

1 Ante, p. 69, chap. 134, £18,000 L. M. equals $60,000. Post, p. 106, chap. 204,
£500 L. M. equals $l,666o%o.

[1st Sess.] Resolves, etc. — 1779-80. 81

CHAPTER 151.

RESOLVE PERMITTING MERCY GRAVES TO GO TO HALIFAX.

On the Petition of Mercy Graves, praj'ing for Liberty to Legislative

1 J TT I'j? 1 j^L 12 j^ /\ J. 'j- Records of the

proceed to Haliiax by the nrst Opportunity: Council,

Resolved, That the Prayer of this Petition be granted, and that ^gg ' ^^®'
Mercy Graves be and she hereby is permitted to depart this Archives,
State and proceed to HaKfax, in the next Cartel that shall sail Mass" '
from this Port, and not to return to this State again, and the M^^y session
Commissary of Prisoners be directed to see that she carry no chap. i47.
Letters or Papers detrimental to this or the United States of Mass.
America. [Passed June 22. ^^^\V\Tin.

CHAPTER 152.

RESOLVE PERMITTING AMEY LAWRANCE TO GO TO HALIFAX.

On THE Petition of Amey Lawrance, praying for Liberty to Legislative
proceed to Halifax by the first Opportunity: Council*

Resolved, That the Prayer of this Petition be granted, and that |i^g" ^^^'
Amey Lawrance be and she hereby is permitted to depart this Archives.
State and proceed to Halifax, in the next Cartel that shall sail Mass" '
from this Port, and not to return to this State again, and the MajTsSon
Commissary of Prisoners be directed to see that she carry no chap. i4S.
Letters or Papers detrimental to this or the United States of
America. [Passed June 22.

CHAPTER 153.

RESOLVE PERMITTING MARTIN MEAGHER TO GO TO HALIFAX.

On the Petition of Martin Meagher, praving for Liberty to Legislative
proceed to Halifax by the first Opportunity: ^ ^Z^V^ "''

Resolved, That the Prayer of this Petition be granted, and that ^^gg ' ^®'^"
Martin Meagher be and he hereby is permitted to depart this Archives,
State, and proceed to Halifax in the next Cartel that shall sail Mas"' ' " "
from this Port, and not to return to this State again, and the S''*'°'T®®'.

/-, . c -r. • 11- 1 11 May Session,

Commissary or Prisoners be directed to see that he carry no chap. i46.
Letters or Papers detrimental to this or the United States of Mass.
America. [Passed June 22. SDh.

CHAPTER 154.

RESOLVES DETACHING MEN FROM THE TRAIN-BAND AND ALARM-
LIST OF DARTMOUTH, AND FROM THOSE RAISED FOR THE DE-
FENCE OF RHODE ISLAND, FOR DUTY AT THE FORT IN SAID
TOWN AND PLACES ADJOINING, ON SAME ESTABLISHMENT AS
THE GUARDS AT BOSTON AND RUTLAND.

Resolved, That the Commanding Officer of the Militia in the Legislative
Town of Dartmouth immediately upon the Receipt hereof detach coSScIf, °^ ^'^^
or cause to be detached from the Train-Band and Alarm-List in JP^"- ^^^•
said Town, as many able-bodied Men, including one Lieutenant Archives,
and such Non-commissioned Officers as the Commanding Officer Mass" ' ^^^'

Resolves, etc. — 1779-80.

[Chap. 155.]

Resolves,
May Session
chap. 142.

Ante, p. 33,
eliap. 66; p.
chap. 129.

shall think necessary, and also including those who are or shall
be raised for the Defence of the State of Rhode-Island, as will
make up Thirty Men, to do Duty at the Fort in said Town and
y«. Places adjoining, till the 1st Day of December next, unless
sooner discharged, and those who shall thus be detached shall
be upon the same Establishment as those who are ordered to be
raised as Guards for the Towns of Boston and Rutland by a
Resolve of this Court of June 18th Instant: And the said Com-
manding Officer shall make Returns to the Council as soon as
may be of the Men he shall thus detach. And it is further

Resolved, That the Men whom the said Town of Dartmouth has
or shall raise agreeable to a Resolve of this Court passed the 8th
of June Instant, for the Defence of the State of Rhode-Island, be
ordered by the Commanding Officer of Militia in said Town to
do Duty at the Fort in that Place and Places adjoining, till the
further Order of this Court, any Act or Resolve of this Court to
the Contrary notwithstanding. [Passed June 22.

CHAPTER 155

Legislative
Records of the
Council,
xxxix., 369.
Mass.
Archives,
ccxxiii., 261.
Mass.
Resolves,
May Session,
chap. 165.

Province
Laws, v., 968,
chap. 49.

RESOLVES APPOINTING PERSONS IN EACH COUNTY TO ENQUIRE
AFTER ESTATES OF ABSENTEES, LIST AND DESCRIBE THEM IN A
RETURN TO THE SECRETARY'S OFFICE AND MAKE ADDITIONS
FROM TIME TO TIME, AND DIRECTING THE SECRETARY TO
TRANSMIT COPIES OF THE SAME TO THE APPOINTEES.

Whereas it is proper it should be made known to the General
Assembly of this State what Lands and Tenements late belonging
to the Persons named and described in a certain Act, entitled
" An Act to confiscate the Estates of certain notorious Conspirators
against the Government and Liberties of the Inhabitants of the
late Province now State of Massachusetts Bay," and to the Per-
sons described in one other Act, entitled " An xAct for confiscating
the Estates of certain Persons commonly called Absentees," de-
clared to have escheated or liable to be confiscated by and in
Virtue of the Acts aforementioned: Therefore

Resolved, That Joshua Henshaw, Esq., for the County of Suffolk,
Col. Israel Hutchinson for the County of Essex, Col. James
Prescott for the County of Middlesex, Joshua Thomas, Esq., for
the County of Plymouth, Joseph Nye, Esq., of Sandwich, for the
County of Barnstable, Seth Paddleford, Esq., for the County of
Bristol, Tristram Jordan, Esq., for the County of York, Levi
Lincoln, Esq., for the County of Worcester, John Wait, Esq., for
the County of Cumberland, Freeman Wheeler, Esq., for the County
of Berkshire, Beriah Norton, Esq., for the County of Dukes County,
Stephen Hussey, Esq., for the County of Nantucket, Elisha Porter,
Esq., for the County of Hampshire, Roland Cushing, Esq., for the
County of Lincoln, be and they hereby are severally appointed
to enquire after all such Lands and Tenements as lie within the
County for which they are severally appointed as aforesaid, and
to make out Lists of such Tracts or Parcels of Lands and Tene-
ments, with a particular Description of the same, as they find
did late belong to any of the Persons named or described in
either of said Acts, and are the proper Subjects thereof; and that
they severally make a Return of such Lists and Descriptions into
the Secretary's Office as soon as may be, and that they make
Additions thereto from Time to Time, if any future Discovery
should be made; and that for their Trouble and Expence in this
Business they shall receive a reasonable Compensation, to be
hereafter allowed by the General Assembly.

[1st Sess.] Resolves, etc. — 1779-80. 83

Ordered, That the Secretary be and he hereby is directed to
transmit attested Copies of the foregoing Resolution and of this
Order thereon, to each of the Gentlemen aforenamed as soon
as may be. [Passed Ju7ie 23.

CHAPTER 156.

RESOLVE DIRECTING THE TREASURER TO PAY $500,000 TO THE CON-
TINENTAL LOAN OFFICE PURSUANT TO RESOLVE OF CONGRESS
MAY 22, 1779, AND APPROPRIATING $300,000 TO DISCHARGE PUBLIC
DEBTS.

Whereas the Sum of Eight Hundred Thousand Dollars has Legislative
been received by the Treasurer of this State from the Continental counct"^ '""^
Treasurer, by order of Congress, Five Hundred Thousand Dollars ??"'''■■ ^^^■
of which Congress have ordered to be paid into the Continental Archives,
Loan-Office in this State, in the Month of August next: Therefore mSs" ' "^^'

Resolved, That the Treasurer of this State be and he hereby is R''®°'^®^^
directed to pay into the Continental Loan-Office the said Sum chap.'i55.
of Five Hundred Thousand Dollars immediately, taking Receipts, Ante, p. 69,
agreeable to the Direction of Congress in their Resolve dated ^^'^^^ '^*-
May 22, 1779, and the other Three Hundred Thousand Dollars
be and hereby are appropriated for the Payment of such War-
rants as have or may be drawn on said Treasurer to discharge
the public Debts. [Passed June 23.

CHAPTER 157.

RESOLVE RESTRAINING THE INHABITANTS OF NANTUCKET FROM
ANY FURTHER CORRESPONDENCE WITH THE ENEMY.

The Committee of both Houses to whom was referred the Legislative
Answer of the Committee in behalf of the Island of Nantucket, cXclr^*^"
and the Papers accompanying the Same, haveing attended that ^^"^-^ ^'^^•
Service, and heard Mr. Stephen Hussey on the Subject Matter Archives,
thereof, take leave to report the following Resolve Masr" ^*^'

Abraham Fuller per Order S'^s°'jes,

. 11. May Session,

Resolved, That it appears by sundry intercepted Letters that t=hap. i56.
several of the Inhabitants of said Island have (not long since) been Province
discovered in a Design to carry on a Correspondence and Trade c£ip.' 685.' ^^*'
in an unjustifiable Manner with the British Troops at New-Port
and New-York, to the Injury of the Cause of the United States.
And the Town of Sherburn as a Town on the Island of Nan-
tucket appear in some measure guilty of a Violation of their
Fidelity to said States, by sending a Committee to convey their
Memorial in an unwarrantable Manner to the Commanders of the
British Troops at New-Port and New- York, without the Appro-
bation of the General Court: But as there was no Treaty pro-
posed by said Inhabitants in said Memorial, or any other that
hath yet transpired; and the Island of Nantucket being under
such peculiar Circumstances, the further Doings of this Court
upon the Information exhibited against said Town be stayed till
the Conduct of said Inhabitants is better known. But the said
Inhabitants are hereby now strictly forbidden to send any Me-
morial, or have any further Communication or Correspondence
whatever with the Enemies of these United States, without first
obtaining the Leave and Approbation of the General Court of the
State aforesaid, or the Council of the same in the Recess thereof:

Resolves, etc. — 1779-80.

[Chap. 158.)

And the Inhabitants of this State are also required to use their
utmost Endeavours to discover any Person or Persons that hath
or shall hereafter presume to carry on any Trade or hold any
Communication or Correspondence with the Enemies of the United
States, and forthwith to give Notice of the same to this Court,
that all such Offenders may be brought to condign Punishment
for such Offences.

In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed June 23.

CHAPTER 158

RESOLVES APPOINTING AND EMPOWERING LEMUEL KOLLOCK, ESQ.,
AGENT TO PROSECUTE ALL TRESPASSES COMMITTED ON LANDS
IN OXFORD AND CHARLTON, BEING PART OF THE ESTATE OF THE
LATE WILLIAM BROWN, ESQ., OF SALEM, AND PROVIDING FOR
THEIR REDEMPTION IF SOLD FOR TAXES.

Legislative
Records of the
Council,
xxxix., 372.
Mass.
Archives,
ccxxiii., 264.
Mass.
Resolves,
May Session,
chap. 161.

Mass.
Archives,
ccxxiii., 265,
266.

Province
Laws, XX., 463,
chap. 102.

Whereas it has been represented to this Court that such Part
of the Estate of William Brown, Esq., late of Salem, in the County
of Essex, that lies in the Towns of Oxford and Charlton in the
County of Worcester, lies in common and undivided with others,
and has by a late Law of this State escheated to the sole Use
and Benefit of the Government and People of this State, and that
divers Persons, in open Violation of the Laws of this State have
entered upon, cut down and carried off large Quantities of Pine
and other Timber off said Land, to the great Damage of the
Government and People of this State, as well as the other Pro-
prietors of said Land; and whereas no Prosecution can be brought
against any Person or Persons who have or shall trespass upon said
Lot, by any one of the Proprietors, unless all the Proprietors join
in the Prosecution: Therefore

Resolved, That Lemuel Kollock, Esq., be appointed Agent, in
behalf of the Government and People of this State, to prosecute
all Trespasses that have been or shall be committed on said Tract
of Land, to final Judgment and Execution. And also, he is im-
powered to join with the other Proprietors in proper Measures to
eject any Person or Persons that have or shall presume to enter
upon or take Possession of said Land, or any Part thereof.

And whereas several Pieces of said Land have been sold to pay
public Taxes: Be it further

Resolved, That said Agent be and he is hereby impowered to
redeem (if he finds it will be most for the public Interest) said
Pieces of Land, in the same Manner other Proprietors may. And
that said Agent be accountable to this Court for all Monies he
may receive for any Trespass that has been or shall be com-
mitted as aforesaid. And that said Agent also keep an exact
Account of his Time and Expence, and lay his Account before this
Court for Allowance and Payment. [Passed June 23.

IlsT Sess.] Resolves, etc. — 1779-80. 85

CHAPTER 159.

RESOLVE PERMITTING JAMES DENNIS. PRISONER IN BOSTON GAOL
FOR A BREACH OF THE LAWS, TO ENLIST IN A STATE OR CON-
TINENTAL VESSEL OF WAR, ONE HALF HIS WAGES AND PRIZE-
MONEY TO GO TOWARDS HIS FINE, THE OTHER TO HIS FAMILY.

Upon the Petition of James Dennis, a Prisoner in Boston Legislative
{for a breach of the Laws]^ shewing that he has been corporally Councif,°
punished agreeable to Sentence given upon him, and that he is ^^^f' ^^^'
still held in Confinement for a Fine of Four Hundred Pounds and Archives,
Costs of Prosecution, which he is unable to pay by reason of his Mass. '
Poverty, and praying Leave to enter into the Continental or State May°Ses^sion
Service by Sea: chap. i54.

Resolved, That the said James Dennis have Liberty to enter Mass.
himself on board of any of the State or Continental Vessels of cc^jcxiiLries.
War, the one Half of his Wages and Prize-Money to be appro-
priated towards the discharge of the abovesaid Fine and Costs
of Prosecution, the other Half towards the Support of his Family;
and upon his entring into either of the Services aforesaid, the
Keeper of the Gaol is directed to liberate said Dennis. [Passed
June 23.

CHAPTER 160.

RESOLVE ALLOWING THE SALE OF CLOTHING, ETC., TO CAPT.
JAMES VARNUM AND OTHERS, OFFICERS OF COL. MICHAEL JACK-
SON'S CONTINENTAL REGIMENT.

On the Petition of James Varnum, Esq., a Captain in Col. Legislative
Michael Jackson's Regiment in the Continental Service, in behalf Councif,"
of himself and the Officers of said Regiment, praying that he may ^ass ' ^^^'
be admitted to purchase for himself and said Officers out of this Archives,
State's Stores so much Cloathing as will be sufficient to make one Mass. '
Pair of Summer Breeches for each Officer, and that they may Mry'sSion
have one Pair of Thread Stockings and one Pair of Shoes each, chap. 163.
he paying the stated Price for said Articles: Therefore Mass.

Resolved, That the Board of War be directed to deliver to ^xx'iir^270.
Capt. Varnum the abovesaid Articles, he paying the stated Price
for them, and giving a Receipt that he has received the same in
behalf of himself and said Officers. [Passed June 23.

CHAPTER 161.

RESOLVE REMITTING A FINE OF £100 LAID ON GREAT BARRINGTON Legislative

FOR DEFICIENCY IN DRAFT OF 1778. Records of the

Council,
xxxix., 375.

On the Petition of Jonathan Nash of Great-Barrington, pray- A^^chives
ing that said Town might be relieved from a Fine of One Hundred ccxxiii., 275.
Pounds [for deficiency of one Man in Draft pursuant to Resolve R^oives,
of Apr. 20, 1778], 2 for Reasons set forth in said Petition: chap-^i'sl'""'

Resolved, That the Prayer of said Petition be granted, and that 7,

the Treasurer of this State be and he is hereby ordered and di- Archives,
rected to pay out of the Treasury of this State the said Sum of province^'^^'
One Hundred Pounds to the said Town of Great-Barrington. ^^^^'q^^q- ^^'^•
[Passed June 23.

1 Massachusetts Archives, ccxxiii., 268.

2 Ibid., ccxxiii., 276.

Resolves, etc. —1779-80. [Chaps. 162-1G4.]

CHAPTER 162.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF SUF-
FOLK COUNTY.

Legislative
Records of the
Council,
xxxix., 376.

Archives,
ccxxiii., 278.
Mass.
Resolves,
May Session,
chap. 160.

Whereas it appears, upon Examination of the County Treas-
urer's Accounts for the County of Suffolk, that all Monies granted
and allowed by the General Sessions of the Peace for said County,
from June 1778 to April 1779, were for such Purposes and Appro-
priations as the Law impowered said Court to grant, and the
Balance due to the County is Eight Pounds seven Shillings two
Pence and one Farthing: Therefore

Resolved, That the said Accounts be allowed. [Passed June 23.

CHAPTER 163

RESOLVE GRANTING £12. 9s. TO THE COMMITTEE OF CORRESPOND-
ENCE, &c., OF IPSWICH FOR MONEY EXPENDED ON THREE
FRENCHMEN AND ONE IRISHMAN.

Legislative
Records of the
Council,
xxxix., 376.
Mass.
Resolves,
May Session,
chap. 166.

On the Petition of the Committee of Correspondence, &c.,
of the Town of Ipswich, praying for Allowance and Payment for
Money expended on three French Men and one Irish Man, as set
forth in said Petition:

Resolved, That there be allowed and paid out of the public
Treasury of this State to said Committee the Sum of Twelve
Pounds nine Shillings, in full of their Account. [Passed June 23.

CHAPTER 164

Legislative
Records of the
Council,
xxxix., 377.
Mass.
Archives,
ccxxiii., 277.
Mass.
Resolves,
May Session,
chap. 162.

RESOLVES APPOINTING ELISHA AVERY, STATE CLOTHIER, AT £60
PER MONTH, PURSUANT TO RESOLVE OF CONGRESS OF MAR. 23,
1779.

Whereas the Continental Congress, by their Resolve of March
23, 1779, have determined that a Sub or State-Clothier be ap-
pointed by each State respectively, to reside with or near the
Army, or such Detachments thereof in which the Troops of said
State may be, as the Commander in Chief shall direct, the better
to know and supply their Wants: Therefore

Resolved, That Mr. Elisha Avery be and he hereby is appointed
a State-Clothier for this State, to observe and perform all the
Duties enjoined on a State-Clothier in and by said Act or Ordi-
nance for regulating the Clothing Department for the Armies of
the United States. And be it further

Resolved, That the said Elisha Avery shall be intitled to the
Sum of Sixty Pounds per Month for his Service, during the Time
he shall be continued in that Office. [Passed June 23.

[1st Sess.] Resolves, etc. — 1779-80. 87

CHAPTER 16 5.

RESOLVE ALLOWING A DEDUCTION OF 2 MEN LAID ON THE TOWN
OF FOXBOROUGH AND OF 3 LAID ON THE TOWN OF CAPE ELIZA-
BETH.

On Representation made to this Court by the Towns of ^co]!dsofthe
Foxborough in the County of Suffolk, and Cape-Elizabeth in Councii,_
the County of Cumberland, that they were over-rated in the Mass.' ^'
Number of Men set to said Towns in a late Resolve of this Court, ^'"^^lyeR'
for filling this State's Quota of the Continental Army: Therefore Mass.

Resolved, That there be Deducted out of the Number of Men May* Session,
laid on said Town of Foxborough by said Resolve, two Men, and ^J^^^ie*.

on the said Town of Cape-Elizabeth, three Men, any Resolve of ^^«'«. p- 38,
this Court to the contrary notwithstanding. [Passed June 23. ^ '*^'

CHAPTER 166.

RESOLVE QUIETING REV. WINWOOD SARJEANT IN LIFE POSSESSION
OF HOUSE AND LAND IN CAMBRIDGE, LATELY BELONGING TO
JOHN VASSAL, ESQ., ABSENTEE.

On the Petition of Samuel Parker, Agent and Attorney to Legislative
WinwoodSarjeant: CoZlr^'''''

Resolved, That the Prayer of said Petition be granted, and that xxxk., 378.
the said Winwood Sarjeant [Clerk] "^ be and he hereby is quieted Archives,
in the Possession of the House and Land [in Cambridge] ^ men- Ss" ' '^^^'
tioned in said Petition, and that he hold the same for and during ^^'^"'g'jf.' „
the Term of his natural Life, any Law to the contrary notwith- chap. i5.3.
standing. And the Agent upon the Estate of John Vassal, an Mass.
Absentee, is hereby directed not to intermeddle with the said ^cxxiir28i.
House and Land, but to consider the same as an Estate for Term
of Life, belonging to said Sarjeant. [Passed June 23.

CHAPTER 167.

RESOLVE STATING PAY OF THE MEMBERS OF THE GENERAL COURT
AND MAKING GRANTS TO THE DEPUTY SECRETARY AND THE
CLERK OF THE HOUSE ON ACCOUNT OF THE HIGH PRICES OF THE
NECESSARIES OF LIFE.

Whereas the necessary Expences of the Members of the Gen- Legislative
eral Court incurred during their Attendance this present Session counclf °^ *'^^
have been exceedingly increased by Means of the high Prices of xxxix., 379.
the Necessaries of Life, so that the Pay heretofore allowed is Archives,
very inadequate to discharge the same: Therefore Mass" ' "'^^

Resolved, That the pay for the Members of the Honourable Resolves,
Council for the present Session, be made up at Twelve Dollars chap. Tlf!""'
per Day, and the Members of the House at Ten Dollars a Day,
and also that there be allowed and paid out of the Treasury of
this State to John Avery, jun., Esq., in Part of his Services as
Deputy-Secretary, the Sum of Three Hundred Pounds, and that
there be paid out of the Treasury aforesaid to the Hon. Samuel
Freeman, Esq., in Part of his Services as Clerk of the House of
Representatives, the Sum of Three Hundred Pounds. [Passed
June 23.

1 Massachusetts Archives, ccxxiii., 281.

Resolves, etc. — 1779-80. [Ciiaps. 168-170.]

CHAPTER 168

VOTE ACCEPTING THE RESIGNATION OF COL. JOSIAH CARTER OF
THE 8th REGIMENT IN WORCESTER COUNTY.

Mass.
Archives,
ccxxiii., 274.

In the House of Representatives
Read and the House accepts the Resignation of the above-
named [Col.] Josiah Carter.

In Council
Read and Concurred. [Passed June 23.

CHAPTER 169

VOTE ACCEPTING THE RESIGNATION OF LIEUT. COL. EPHRAIM LANE
OF A REGIMENT IN BRISTOL COUNTY.

Mass.
Archives,
ccxxiii., 273a.

Mass.
Archives,
ccxxiii., 273.

In the House of Representatives
Read and the House accepts the Resignation of [Lieut. Col.]^
Ephraim Lane.

In Council
Read and Concurred. [Passed Jv/iie 23.

CHAPTER 170.

Legislative
Records of the
Council,
xxxix., 387.
Mass.
Archives,
clxxxiv., S.
Mass.
Resolves,
May Session,
chap. 158.

Mass.
Archives,
clxxxiv., 6-7.

RESOLVE GRANTING £15. lis. EACH TO EPHRAIM AND RICHARD
WITHERBEE FOR STATE AND CONTINENTAL WAGES AND RE-
FERRING LOSSES OF GUNS AND CLOTHING TO THE COMMITTEE
OF ACCOUNTS.

The Committee appointed on the Petition of Ephraim Wither-
bee and Richard Witherbee, Soldiers in Capt. Maignards Com-
pany and Col. Thachers Regiment; who were taken prisoners by
the British Troops in the Jerseys on the 16th Day of March last
and were there Confined after having been Robbed of their Guns,
Cloaths, &c., who after haveing made their Escape arrived home
on the 23rd of August last and being not made up on any Muster-
Roil for the time of their Imprisonment and Return, Pray for the
interposition of this Court; haveing made Due inquiry into the
Subject Matter of said Petition find the facts set forth therein
so far as Relates to their Imprisonment and return Home to be
true and that they have not been made up for said time on Capt.
Maynards Muster-Roil. Wherefore your Committee beg leave to
Report the following Resolve.

Resolved, That there be paid out of the public Treasury of this
State to the said Ephraim Witherbee the Sum of Fifteen Pounds
fourteen Shillings, and the like Sum of Fifteen Pounds fourteen
Shillings to the said Richard Witherbee, in full Compensation for
their Wages, both State and Continental, until their return Home,
as set forth in said Petition, and that their further Losses of Guns
and Cloathing may be by them laid before the Committee of Ac-
counts for their Consideration and Adjustment. [Passed June 24-^

' Massachusetts Archives, ccxxiii., 273.

* This date is June 23 according to Massachusetts Resolves.

[1st Sess.] Resolves, etc. — 1779-80. , 89

CHAPTER 171.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER 2 GUN CAR-
RIAGES, BALL AND POWDER TO THE SELECTMEN OF SUTTON IN
LIEU OF THOSE ORDERED THE 3rd OF FEB. 1778, PAYING TRANS-
PORTATION.

Whereas on the 3rd^ Day of February, A.D., 1778, a Resolve Legislative
passed the General Court that the Commissary-General deliver cwncif,"
to the Selectmen of Sutton, or their Order, One Hundred and ^^^' ^'^^■
thirty-nine Pounds of Bullets and Forty-one Pounds of Powder, Archives,
and to cause two Carriages for Four-Pound Cannon, that belonged Mass" '
to Sutton, to be replaced, said Carriages, Powder and Ball to be ^^"sls^siojj
transported to Sutton and replaced there at the Cost of this State; chap. \ii.
but so it is that the Board of War have made use of said Car- Mass.
riages, and that they now cannot be had to replace as aforesaid, ^cxx'iii''^3'o2
nor has the Powder and Ball ever been replaced, agreeable to the Province
Resolve of February, 1778: Therefore chap.' 742.'

Resolved, That the Board of War be directed to deliver to the
Selectmen of Sutton, or their Order, two Carriages of equal Value
with those they have used, and also the Quantity of Ball and
Powder aforesaid, and also pay a reasonable Sum of Money for
transporting the same to Sutton, and take a Discharge in behalf
of the State for the same, said former Order notwithstanding.
[Passed June 24-

CHAPTER 172.

RESOLVE PERMITTING TIMOTHY PARSONS TO PLEAD JUSTIFICA-
TION, IN THE SUPERIOR COURT, OF THE SCANDALOUS WORDS
SPOKEN AGAINST ABIEL WOOD.

Upon the Petition of Timothy Parsons, praying that he may Legislative
be admitted to plead specially at the Superior Court, at which coundf, °^ *^^
an Appeal is to be heard and tried of an Action brought against ^'^^^■- ^^'^''■
the said Timothy Parsons by one Abiel Wood, at Pownalborough, Archives,
in September, 1777, for scandalous Words: Mass" ' ^^"

Resolved, That the Prayer of said Petition be and it hereby is S^^?'^'®^-.
granted for the Reasons set forth in said Petition, and the Su- chap.' 179.
perior Court of Judicature, Court of Assize, &c., of this State, Mass.
before whom said Appeal shall be brought, are hereby impowered ^■■'''^^y®^„'„„
and directed to admit the said Petitioner by his Attorney to plead 326.
any Matter specially, in justification of the Words alledged in the
Writ to have been spoken by said Parsons against said Wood, any
Law, Usage or Custom to the contrary notwithstanding. [Passed
June 24.

CHAPTER 173.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY THE FAMILY
OF NEHEMIAH DOANE OF EASTHAM (A SOLDIER IN THE CONTI-
NENTAL ARMl^O WITH PROVISION TO THE AMOUNT OF £3.

On the Petition of Nehemiah Doane of Eastham, a Soldier Legislative
in the Continental Army, representing to this Court, that not- counclf, °^ * °
withstanding the Provision made by this Court for the Supply ^^^ ^^'^"•
of the Families of the Continental Soldiers and the Penalties the Archives,
Towns are subject to in case of Noncompliance, yet the said Town MaS""^°^"

Resolves,
1 This date is February 7 according to Province Laws, xx., 284, chap. 742.

Resolves, etc. — 1779-80. [Chaps. 17-1, 17.").!

May Session,
chap. 176.

Mass.
Archives,
ccxxiii., 304.
Province
Laws, v., 583,
chap. 14;
XX., 159,
chap. 406; 587,
chap. 44G.

of Eastham refuses to supply his Family agreeable to a Resolve
of this Court of October 10, 1777, although frequent Application
has been made to them for that Purpose: Therefore

Resolved, That the Board of War be and hereby are directed to
supply the Family of the said Nehemiah Doane with Provision
to the Amount of Three Pounds, agreeable to an Act intitled " An
Act against Monopoly and Oppression," and that the said Town
of Eastham be accountable for the same, agreeable to a Resolve
of February 6, 1779. [Passed June 2.'^.

CHAPTER 174.

RESOLVES DIRECTING THE BOARD OF WAR TO INFORM THE STATE
OF SOUTH CAROLINA, THROUGH THE DELEGATES IN CONGRESS,
OF THE CAPTURE OF NEGROES ON THE PRIZE SNOW VICTORIA
AND FOR EMPLOYING BOTH MEN AND WOMEN AT CASTLE ISLAND
UNTIL THEIR RETURN.

Legislative
Records of the
Council,
xxxix., 381.
Mass.
Archives,
ccxxiii., 305.
Mass.
Hesolves,
May Session,
chap. 180.

Mass.
Archives,
ccxix., 212;
ccxxiii., 307.

Ox THE Representation made to this Court by the Board
of ^Yar, respecting a Number of Negroes brought into the Port
of Boston, on Board the Prize Snow Victoria:

Resolved, That the Board of War be and they hereby are
directed forthwith to write to our Delegates in Congress, in-
forming them of the state of Facts relating to said Negroes,
requesting them to give Information thereof to the Delegates
from the State of South-Carolina, that so proper Measures may
be taken for the Return of said Negroes agreeable to their Desire.
And it is further

Resolved, That the Board of War be, and they hereby are
directed to put the said Negroes, in the mean Time, into the
Barracks on Castle Island in the Harbour of Boston, and cause
them to be supplied with such Provision and Cloathing as shall
be necessary for their comfortable Support, putting them under
the Care and Direction of some prudent Person or Persons, whose
Business it shall be to see that the able-bodied Men be usefully
employed during their Stay in carrying on the Fortifications on
said Island, or elsewhere within the said Harbour; and that the
Women be employed according to their Ability, in Cooking,
Washing, &c. And that the said Board of War keep an exact
Account of their Expenditures in supporting said Negroes. [Passed
June 24-

CHAPTER 175

Legislative
Records of the
Council,
xxxix., 382.
Mass.
Archives,
ccxxiii., 308,
348. Mass.
Resolves,
May Session,
chap. 172.

VOTE FOR SENDING A NAVAL FORCE TO PENOBSCOT, CONSISTING
OF ARMED STATE AND PRIVATE VESSELS IN BOSTON, SALEM,
MARBLEHEAD, BEVERLY AND NEWBURYPORT, THAT CAN BE
GOT READY WITHIN SIX DAYS.

PoAVNALBOltOUGH, Juiie 19, [1779]

May it please your Honors

Col. [Jonathan]^ Buck is here on hi[ ] an express to inform
your Honors of the Arriva[l of] the Enemy at Penobscot on Sat-
urday last viz. a S[hip] of Thirty-two Guns, another of Twenty
Guns, and anoth[er] of Eighteen, a Brig of Sixteen or Eighteen
Guns and a S[choo]ner of Ten Guns, and Five or Six Transport
Vessels with Eight hundred Troops Commanded by Gen. [Francis] ^

1 Massachusetts .Soldiers and Sailors of the Revolutionary War, ii., 746.

2 [John Calef], The Siege of Penobscot by the Rebels; containing a Journal of
the Proceedings of His Majesty's Forces . . , under the Command of Brigadier-
General Francis M'Lean . . . [London], 1781.

[1st Sess.] Resolves, etc. — 1779-80. 91

McLean. Their determination as it is said is [to] erect a Fort
where Penobscot Fort stood and another a[t] Majabaggaduce. At
the last mentioned Place the[y] had begun their work before Col.
Buck left Penobscot which was last Wednesday. For a more par-
ticular Account I refer your Honors to Col. Buck as also with re-
gard to the manner of his being forced from his habitation and
the distressed situation of the Inhabitants for want of Provisions.

Your Honors too well know the Itility of that Harbour to
this State to suffer it long in their Possession, as well as the great
Advantage it woidd be to them in distressing our Navigation.
There is a great difficulty in the way of the Militia of this County
turning out not having provisions to support them, not one Family
in Ten having Bread in their Houses nor any thing else scarcely
except from day to day. Neither is there a sufficiency of arms
nor amunition. I mention these difficulties that if your Honors
should form any Plan to expel them, with Assistance from the
Militia of this County and the County of Cumberland that there
should be supplies of this sort made. There seems a propriety
in [g]iving this Matter a Consideration on many [A]ccounts, in
particular on account of the low ebb [of] our Currency, designing
persons taking Advantage of this to seduce many well disposed
persons that hard Money will be Plenty whereby they may ob-
tain the Necessarys of Life more readily. If the General Court
should think proper to send a suitable force of shipping which
with other Assistance by Land it is thought they might easily
be dislodged.

I am unacquainted with regard to the Payment of expresses
but conclude it must be at the expence of the State. I have
afforded Col. Buck what assistance was in my Power. I have
procured him a Horse. Should be glad he might receive direc-
tions for obtaining his Pay

I am with the greatest Respect

Your Honors Most Obedient Humble Servant

Charles Cushing Brigadier

The Committee of both Houses appointed to take into Con-
sideration the Letter from Brigadier Cushing, and report what
may be proper to be done thereon, have attended said Service
and report as their Opinion, that it is expedient to send a Naval
Force to Penobscot, to dislodge the Enemy that has lately taken
Post there; that the Board of War be directed to fit for Sea all
armed Vessels belonging to this State that can be fitted for a
Cruize against said Enemy within six Days, and the Navy Board,
and Owners of private armed Vessels now in the Port of Boston,
and in the Ports of Salem, Marblehead, Beverly and Newbury-
Port, be desired to fit such Vessels for Sea that can be got ready
within six Days to co-operate with the State Vessels against said
Enemy, and the Committee ask leave to sit again.
All which is submitted

W^alter Spooner by Order.

In the House of Representatives
Read and accepted

In Council
Read and Concurred. [Passed June 2J^.

Resolves, etc. — 1779-80. [Chaps. 176-178.]

CHAPTER 176.

Legislative
Records of the
Council,
xxxix., 382.
Mass.
Archives,
ccx.\iii., 309.
Mass.
Resolves,
May Session,
chap. 184.

Province
Laws, XX., 581,
chap. 430.

RESOLVE GRANTING ADDITIONAL PAY TO JOHN DEMING AND
PETER BOYER, COMMITTEE TO METHODIZE AND STATE AC-
COUNTS, OWING TO THE ADVANCED PRICE OF NECESSARIES.

On the Petition of .John Deming and Peter Beyer, a Com-
mittee appointed to methodize and state the Accounts of this
State, praying for a further Allowance for the Services aforesaid,
by reason of the Necessaries of Life being much advanced, as
set forth in their Petition:

Resolved, That there be allowed and paid out of the public
Treasury to John Deming and Peter Boyer, in addition to their
former Allowance of Fifty Shillings per Day, the Sum of Ten
Shillings per Day to each of them, from the 1st Day of January
last until the 1st Day of April last; and from the 1st Day of
April aforesaid until this Day the Sum of Twenty-two Shillings,
in addition to said Fifty Shillings, making Twelve Dollars per
Day each; and for their future Services in the Business aforesaid
such Sums and Allowances as this Court shall order. [Passed
June 24-

CHAPTER 177.

RESOLVES DIRECTING THE BOARD OF WAR TO FURNISH SHOES AND
STOCKINGS FOR THE COMMISSIONED OFFICERS OF COL. GAMA-
LIEL BRADFORD'S CONTINENTAL REGIMENT AND TO KEEP DIS-
TINCT ACCOUNTS OF ALL SUCH EXPENDITURES.

Legislative
Records of the
Council,
xxxix., 383.
Mass.
Archives,
ccxxiii., 311.
Mass.
Resolves,
May Session,
chap. 167.

Archives,
ccxxiii., 312.

On the Petition of Lieut. John Fuller of Col. Gamaliel Brad-
ford's Regiment, in the Service of the United States, in behalf of
himself and the Officers of said Regiment, praying for an Allow-
ance of one Pair of Shoes, and one Pair of Stockings for each
Officer belonging to said Regiment, at a certain stipulated Price:

Resolved, That the Board of War be and they are hereby
ordered and directed to deliver to the said Lieut. John Fuller,
one Pair of Shoes and one Pair of vStockings for each of the Field,
Staff, and Commissioned Officers of said Regiment, he paying
the stipulated Price for the same, and giving a Receipt therefor.
And it is further

Resolved, That the Board of War be directed to keep a distinct
and separate Account of this and all other Expenditures of this
kind, which has been or may hereafter be delivered to any of the
Officers and Privates engaged in this State's Quota of the Con-
tinental Army. [Passed June 24-

TjCgislative
Records of the
Council,
xxxix., 384.
Mass.
Archives,
ccxxiii., 313.
Mass.
Resolves,
May Session,
chap. 178.

CHAPTER 178.

RESOLVE EMPOWERING THE HEIRS OF DORCAS ADAMS, WIDOW, TO
SELL MEADOW LAND IN MEDWAY AND MEDFIELD.

On the Petition of Jonathan Adams and others, [heirs of
Dorcas Adams, widow] ^ praying for Liberty to sell a certain Tract
of Meadow-Land, lying in the Towns of Medway and Medfield,
containing One Acre and three Quarters, for Reasons set forth
in said Petition:

Resolved, That the Prayer of said Petition be granted, and that

1 Massachusetts Archives, ccxxxiii., 314.

[1st Sess.] Resolves, etc. — 1779-80. 93

Nathan Danicll and -Toseph Johnson, two of the Subscribers to Mass.
said Petition, be and they hereby are authorized and impowered ^MtiiLrsH.
to make Sale of said Land, and execute a good and lawful Deed
of the same, giving proper Security to the Judge of Probate for
the County of Suffolk, that the neat Proceeds of said Sale shall
be disposed of amongst the Heirs to said Land as the Law directs
with respect to the Settlement of Intestate Estates. [Passed
June 24-

CHAPTER 179.

RESOLVE DIRECTING THE BOARD OF WAR TO ENGAGE PRIVATEERS
AND EQUIP STATE VESSELS TO JOIN WITH THE CONTINENTAL
NAVY IN PENOBSCOT EXPEDITION, THE PRIVATEERSMEN TO
RECEIVE CONTINENTAL PAY AND LOSS OR DAMAGE OF THE
VESSELS TO BE MADE GOOD.

Whereas by a Vote of Council passed this Day, the Owners Legislative
of Private armed Vessels in the Port of Boston and the neigh- councif,''
bouring Ports are desired to fit out such Vessels to co-operate ^™' ^^^'
with such armed Vessels belonging to this State as may be sent Archives,
by the Board of War within six Days to Penobscot, to dislodge aig^^'Mass.'
the Enemy there, but no Assurance is therein given to said Resolves,

1 Vx 1 • • 1 T-« !• • ^^°-y bession,

Owners that any Damages they may sustam m such Lxpedition chap, m.
shall be made good to them: Therefore Mass.

Resolved, That the Board of War be and they are hereby im- ^^^li^^^s'ie.
powered and directed to engage as many armed Vessels of private -^"<«' p- ^o.
Property as they judge proper and suitable to join with the Con-
tinental and State Ships or Vessels destined to Penobscot, and
to engage to the Owner or Owners of such armed Vessels as they
shall procure, that in case the said Vessels or any of them shall
be lost or damaged while on said Expedition, this State will make
good such Loss or Damage, and allow the Officers and Seamen
of such armed Vessels the same Pay, Rations and Privileges as
are allowed to the Continental Navy, and the Board of War are
hereby directed immediately to equip all the State Vessels now
in this Harbour that are proper for such an Expedition, and can
be fitted for sailing within six Days, and order them to sail as
soon as possible, with such private armed Vessels as they may
procure as aforesaid, together with such Continental Ships or
Vessels as the Navy-Board may order to co-operate with them,
and forthwith to proceed to Penobscot, to dislodge the Enemy
now at that Place. [Passed June 24-

CHAPTER 180.

RESOLVE ADDING JOHN SCOLLAY, ESQ., TO- THE COMMITTEE FOR
SIGNING BLANK NOTES.

Whereas an Act was passed April 23, 1779, to supply the Legislative
Treasury with the Sum of Two Hundred Thousand Pounds, and gXclr***"^
the Treasurer was directed to give his Notes for the Amount of ^^^ ' ^^®-
said Sum, and Mr. Stephen Minot and John Mascarene, Esq., Archives,
were appointed a Committee to sign the Blank-Notes on the Mass!'" ^^^'
Left Hand, agreable to a Form prescribed: Ma^'sSion

Resolved, That John Scollay, Esq., be added to said Committee, chap. i83.
and that any two of them be sufficient, and may sign said Blank- province
Notes, accordingly. [Passed June 24- \^^'.li] '^^'

Resolves, etc. — 1779-80. [Chaps. 181,182.]

CHAPTER 181.

RESOLVES REPEALING RESOLVE OF FEBRUARY 27th LAST AND RE-
ESTABLLSHING AND CONFIRMING THE WILL OF WILLIAIM BUR-
ROUGHS LATE OF ROXBURY, AND EXTENDING THE TIME OF ITS
FULFILMENT UNTIL 5 YEARS AFTER THE WAR, ON ACCOUNT OF
THE SCARCITY OF LABOR AND MATERIALS.

Legislative
Records of the
Council,
xxxix., 387.
Mass.
Archives,
ccxxiii., 290.
Mass.
Resolves,
May Session,
chap. 181.

Mass.
Archives,
ccxxiii., 292-
298. Province
Laws, XX., 644,
chap, 590.

On the Petition of Ezra Davis and Eleazer Weld, two of the
Executors of the last Will and Testament of Mr. William Bur-
roughs, late of Roxbury deceased, setting forth, that there was
a Petition preferred to the then General Court by the Devisees
that said Will might be altered, and whereas the said Executors
not being notified nor having a Hearing on the Premises, the
then Court by Misinformation set aside said Will in Part; and
whereas the said Ezra Davis and Eleazer Weld pray to have
said Resolve of Court of the 27th Day of February last set aside
and made void, and said Will be confirmed and re-established,
as set forth in their Petition:

Resolved, That the Prayer of the said Ezra Davis and Eleazer
Weld, Executors aforesaid, be granted and the said Resolve of
the General Court of February 27, 1779 be and hereby is re-
pealed and made void, and that said last Will and Testament of
the said William Burroughs is hereby re-established and con-
firmed to all Intents and Purposes whatsoever, any former Order
or Resolve of the General Court to the contrary notwithstanding.

And whereas by said Will it appears that there was a Number
of small Lots of Land ordered to be sold, and to have a House
built on each Lot, within five Years after the Decease of the
Testator, but inasmuch as the great Difficulties of the War have
in a great Measure rendered it almost impracticable, and if
attempted, very expensive to build said Houses by the Time
aforesaid: And whereas the real Spirit of the Will aforesaid
may be complied with if a longer Time should be allowed to
build said Houses on said small Lots of Land, and would much
advance the Price of said Lots, and likely be a Benefit both to
the third Precinct in Roxbury and also to the Legatees, to which
Alteration the Parties mutually agree to and request to have
done: Therefore it is further

Resolved, That under the peculiar Difficulties of building at
this present Time by Reason of the War and Scarcity of Labour
and Materials, that the Time for building the Houses on the
small Lots of Land aforesaid be lengthened out, and to be built
at or before the Term of five Years, next after this present War
is closed. [Passed June 24.

CHAPTER 182.

Legislative
Records of the
Council,
xxxix., 388.
Mass.
Archives,
clxxxv., 176.
Mass.
Resolves,
May Sessions,
chap. 182.

RESOLVES ACCEPTING A PLAN OF MAINE MADE BY ALEXANDER
SHEPARD, JUN., PURSUANT TO RESOLVE OF MAR. 8, 1777, AND
CONFIRMING COMPENSATING GRANT OF LAND IN CUMBER-
LAND COUNTY.

Whereas the General Court of this State did on the 7th Day
of March 1777 grant unto Alexander Shepard, jun., a certain
Tract of Land, laying in the County of Cumberland, upon cer-
tain Conditions, one of which was that the said Shepard should
furnish this State with an accurate Plan of all the late Province
of Main, to the Acceptance of the General Court; and whereas

[1st Sess.] Resolves, etc. — 1779-80. 95

the said Shepard has executed a Plan of the said Province of Ar^^iv
Main, and presents it for Acceptance: Therefore cixxw., 174,

Resolved, That the said Mapi of the late Province of Main, Laws,^x°x^8i9.
presented to this Court by Alexander Shepard, jun., be and hereby '^^"^p- ^*^^-
is accepted. And it is further

Resolved, That the Tract of Land granted to the said Alexander
Shepard, by the General Court of this State on the 7th Day of
March, 1777, be and hereby is confirmed to him the said Alex-
ander Shepard, his Heirs and Assigns forever, by the following
Bounds, viz. beginning at a Stake and Stones supposed to be
standing in or near Thompson Pond, so called, seven Miles and a
Quarter North-West from a Beech Tree standing in the Head Line
of New Glocester, and four Miles North-East from the North-West
Corner of said New Glocester, thence running North forty-five
Degrees East twelve Miles to a white Pine Tree, then running
North twenty Degrees East three hundred and fifty Poles to a
Stake and Stones, then turning and running North seventy De-
grees West four Miles and a half to a Beech Tree, then turning
and running South fourteen Degrees East seven hundred and
thirty-six Poles to a Pine Tree, then turning and running South
sixty-eight Degrees and a half West five Miles, then turning and
running North fourteen Degrees West two Miles, then turning
and running South fifty-four Degrees West twelve hundred and
sixteen Poles to a Hemlock Tree, then running South twenty-five
Degrees East seven Miles and a Half and twenty Poles to the
Stake and Stones first mentioned, exclusive of the Grants already
made to Jonathan Greenleaf, Esc^., and J[eremiah, Esq.,]^ Green
and provided it does not interfere with any former Grant, and
he the said Shepard fulfilling the Conditions in said Grant.
[Passed June 21^.

CHAPTER 183.

VOTE CHOOSING FIELD OFFICERS OF THE 8th REGIMENT IN
WORCESTER COUNTY.

In the House of Representatives Legislative

The House, by Ballot, made Choice of the following Gentlemen counclr^*^^
as Field-Officers of the eighth Regiment of Militia in the County f^'^-^^^-
Worcester, viz. Aichives,

ccxxiii., 289.

John Rand Colonel Mass

Ebenezer Bridge Lieutenant Colonel St„qff'i^.

David Wilder P^* ^ajor f^^'^T^'

Joseph Ballos ....... Second Major ■

In Council
Read and Concurred. [Passed June 24-

1 This map is not in the Massachusetts Archives, State Library, Historical So-
ciety, Boston Public Library, Harvard College Library; Maine Department of
State, Historical Society, Land Agent or State Library; the American Antiquarian
Society or the Library of Congress.

2 Province Laws, xix., 819, chap 901.

Resolves, etc. —1779-80. [Chaps. 184, 185.]

CHAPTER 184

RESOLVE DIRECTING THE MARITIME COURT FOR THE MIDDLE
DISTRICT TO MAKE UP A DECREE IN THE CAUSE OF JOHN BRAD-
FORD AGAINST THE SHIP VIPER AND TO FURNISH MARTIN
BRIiMMER, AGENT FOR THE OFFICERS AND CREW OF THE CON-
TINENTAL FRIGATE DEANE, WITH AN AUTHENTICATED COPY OF
THE PROCEEDINGS.

Legislative
Records of the
Council,
xxxix., 391.
Mass.
Archives,
ccxxiii., 319.
Mass.
Resolves,
May Session,
chap. 170.

Mass.
Archives,
ccxxiii., 320.

Upon the Petition of Martin Brimmer, Agent for the Officers
and Crew of the Continental Frigate Deane, [now at Philadelphia
preparing for another Cruize:]^

Resolrcd: That the Prayer of the Petition be granted, and the
Judge of the Maritime Court for the Middle District of this State
be and he hereby is impowered and directed to make up a Decree
in the Cause lately tried at a Maritime Court in said District,
upon the Libel of John Bradford against the Ship Viper; and the
Clerk of said Maritime Court is hereby directed to furnish the
said Brimmer, upon his Application with an authenticated Copy
of the Proceedings in the said Cause, any Law, Usage or Custom
to the contrary notwithstanding. [Passrd June 24-

CHAPTER 185

Legislative
Records of the
Council,
xxxix., 392.
Mass.
Archives,
ccxxiii.; 285.
Mass.
Resolves,
May Session,
chap. 169.

Province
Laws, XX., 702,
chap. 733.

RESOLVE MAKING AN ESTABLISHMENT FOR CERTAIN STAFF OFFI-
CERS OF MILITIA WHO HAVE BEEN DETACHED OR MARCHED
UPON AN ALARM OR HAVE VOLUNTEERED, OMITTED IN RE-
SOLVE OF MAY 1st.

[Whereas, in the Resolve of the]^ 1st of May last for [making
an Establishment] for the Militia [no Provision or Establishment]
was made for [Chaplains of Brigades], or for Sur[geons, Surge]on's-
Mate[s, Adjutants] and Quarter-Masters of Regiments, who have
been detached or marched upon an Alarm, or have turned out
in the Capacity of Volunteers and have regularly done Duty in
any Part of this State or the State of Rhode-Island: Therefore

Resolved, That there be allowed and paid out of the public
Treasury to each Chaplain of a Brigade the Sum of Fourteen
Pounds, to each Surgeon the Sum of Ten Pounds, to each Sur-
geon's-Mate the Sum of Nine Pounds, to each Adjutant the Sum
of Ten Pounds, and to each Quarter-Master the Sum of Nine
Pounds per each Calendar Month, in Addition to the Continental
Pay and Rations, who have done Dutv as aforesaid, and did not
leave the Service till regularly dismissed. And in Cases of Alarms
and other Cases where they are not entitled to receive Pay from
the Continent, that the Continental Pay and the additional Pay
mentiond in this and the said Resolve of the 1st of May last be
allowed and paid out of the Treasury of this State; provided the
Adjutants and Quarter-Masters shall not be entitled to the fore-
going Establishment if they were taken from the Line. Provided,
That this Resolve and the Resolve aforesaid of the 1st of May
shall not be construed to look back further than the 1st of April
One Thousand seven Hundred and seventy-eight. [Passed June 2^.

' Massachusetts Archives, ccxxiii., 320.

2 MS. mutilated; text supplied from Massachusetts Resolves.

[IsT Sess.] Resolves, etc. — 1779-80. 97

CHAPTER 186.

RESOLVE DIRECTING THE COMMITTEE OF ACCOUNTS TO ALLOW ][<®sislative
SELECTMEN OR COMMITTEES SUPPLYING THE FAMILIES OF g^fj°'g^f °* *''''
SOLDIERS IN THE CONTINENTAL ARMY COMPENSATION FOR xxxix., 393.

THEIR TIME, TROUBLE AND EXPENSE. Mas^s.

Archives,
ccxxiii., 286.

Resolved, That the Committee of x\ccounts be and they hereby R^oi^es
are directed to allow the Selectmen or Committees, who shall May Session,

exhibit Accounts for supplying the Families of Soldiers in the ^—^ — '■

Continental Army, pursuant to a Resolve of the General Court Lavre,"xx., 587,
of the 6th of February last, such Compensation, for their Time, chap. 446.
Trouble, and Expence in performing such Service as they shall
think just and reasonable. [Passed June 24.

CHAPTER 187.

RESOLVES GRANTING PAYMENT TO THE SELECTMEN OF SEVERAL
TOWNS THAT HAVE ADVANCED BOUNTIES TO SOLDIERS SERVING
IN COLONELS WADE'S AND JACOBS'S REGIMENTS AT RHODE IS-
LAND, AND TO HAUNCE ROBINSON THE £14 ADVANCED TO PIERCE
GRAFTON.

It being represented to this Court by the Selectmen of the Legislative
several Towns in this State, setting forth, that they have ad- coundf, °^ *^^
vanced Bounties to Soldiers detached from the Militia in their ^p^^' ^^'^•
respective Towns, to serve in Wade's and Jacobs's Regiment at Archives,
Rhode-Island, the last Year, agreeable to a Resolve of the General Mass" ' ^^^'
Court of this State passed June 12, 1778, as appears by their j^'^^^'g®^-;
Accounts exhibited to this Court, for which they have received no chap. i75.
Consideration: Therefore Province

Resolved, That their be paid out of the public Treasury of this ^harf'sT ' **''
State to the Selectmen of the several Towns hereafter named the
several Sums as set against their respective Towns, viz.

To the Selectmen of Westford, Ninety-eight Pounds, for Bounties
paid seven Men, which were detached from said Town, in full.

To the Selectmen of Topsfield, Fifty-six Pounds, for Bounties
advanced by the Selectmen to four Soldiers detached from said
Town, in full.

To the Selectmen of the Town of Bellingham, Fifty-six Pounds,
for Bounties advanced by the Selectmen to four Soldiers detached
from said Town, in full.

To the Selectmen of Watertown, Fifty-six Pounds, for Bounties
by them advanced to four Soldiers detached from said Town, in
full.

To the Selectmen of Freetown, Fifty-six Pounds for Bounties
paid to four Soldiers detached from said Town of Freetown, in
full.

To the Selectmen of the Town of Warren, Fourteen Pounds,
for a Bounty advanced to one Soldier detached from the Town
of W^arren, in full. And it is further

Resolved, That their be paid out of the public Treasury of this
State to Haunce Robinson, of a Plantation in the County of
Lincoln, called the Lower Town of St. George, for a Bounty of
Fourteen Pounds, advanced to one Pierce Grafton,^ a Soldier de-
tached from said Plantation to join the abovesaid Regiments, in
full. [Passed June 21^.

1 Graffen in Massachusetts Soldiers and Sailors of the Revolutionary War, vi.,
704.

Resol\t:s, etc. — 1779-80. [Chaps. 188, 189.]

CHAPTER 188.

Legislative
Records of the
Council,
xxxix., 394.
Mass.
Arcliives,
ccxxiii., 2S7.
Mass.
Resolves,
May Session,
chap. 171.

Province
Laws, XX., 541,
chap. 310.

RESOLVE DIRECTING THE COMMITTEE ON MUSTER ROLLS TO EX-
AMINE THE ACCOUNTS EXHIBITED BY LIEUT. MATTHIAS MOS-
MAN FOR SERVICES AT RHODE ISLAND.

Resolved, That the Committee on Miister-RoUs be and they
hereby are directed to receive and examine the Accounts exhibited
by Lieut. Matthias Mosman, for Services done by himself and
thirteen Men, detached from the Militia to do duty at Rhode-
Island in Col. John Jacobs's Regiment, from the 1st Day of July
to the 10th of Oct. 1778, agreable to a Resolve passed Oct. 16th
1778, making Provision for the Payment of the Supernumerary
Officers appointed for said Regiment. [Passed June 24-

CHAPTER 189.

RESOLVES PUTTING THE THREE COMPANIES OF ARTILLERY NOW
UNDER COMMAND OF LIEUT. COL. PAUL REVERE UPON THE SAME
ESTABLISHMENT AS THE FIFTEEN BATTALIONS, DISCIPLINE AS
OF THE CONTINENTAL ARMY, PARDONING DESERTERS FROM
COL. CRAFTS'S REGIMENT WHO SHALL RETURN TO SAID COM-
PANIES, AND DIRECTING ALL MILITIA OFFICERS TO APPREHEND
THOSE ATROCIOUS OFFENDERS WHO REFUSE TO RETURN.

Legislative
Records of the
Council,
x.Kxix., 333.
Mass.
Archives,
ccxxiii., 327.
Mass.
Resolves,
May Session,
chap. 185.

Mass.
Archives,
ccxxiii., 328-
331. Province
Laws, XX., 642,
chap. 687.

Boston, June 9, 1779.

The Petition of Lieut. Col. Paul Revere, commanding a Corps
of Artillery in the State's Service, humbly shews:

That your Petitioner and others, did, about the 14th of last
February petition the Honorable Court in behalf of the Officers,
and Men, then in Col. Crafts's Regiment, that they might receive,
the same advantages as the fifteen Battalions, for reasons set forth
in said petition.

The Honorable Court, upon enquiring into the State of the
Regiment, thought fit to reduce it to three Companys; and gave
the Command to your Petitioner; By reason of the difficulties
which then arose in the Regiment, and it being near the close
of a Session, the Court did not Act any farther upon it; Your
Petitioner was assured by the Hon. Mr. [Walter]^ Spooner, Caleb
Davis, Esq., and Col. [John]^ Brown, that the Court would take
the petition up again at the beginning of the next Session: which
I made known to the Officers and Men. The Honorable Court
did take it up and granted the prayer; but the Honorable Council
were pleased to nonconcur all but that part which appointed
the Surgeon's Mate, Chief Surgeon, which is fully set forth in a
Letter, from the Officers to your Petitioner, which is annexed.*
Your petitioner prays that he may be heard by a Committee upon
the Matter; and as in duty boimd will ever pray &c.

Paul Revere.

Your Petitioner beg.s leave to represent to the Honorable Court,
that several of his men have deserted and gone in Privateers
and are now upon a Cruise; that one of them has sent in a Valua-
ble Prize. That your [Petitioner] has forbid the Agent paying
any part of their Share to them or Order. He therefore prays that
the Honorable Court would take the Matter into consideration

' Council.

* Province Laws, xx., 422.

' See Massachusetts Archives, ccxxiii., 328.

[1st Sess.] Resolves, etc. — 1779-80. 99

and pass such an Act as will hinder them from recovering their
Wages or prize Money that they may have no inducement to
Desert.

Your Humble Servant

Paul Revere Lieut. Col[onel] A[ctin]g.

On the Petition of Col. Paul Revere

Resolved, That the three Companies which have been formed
out of the Regiment lately commanded by Col. Thomas Crafts,
agreeable to a Resolve of this Court of 26th February last, be and
hereby are included in the Resolve of said Court of the 6th of
February last, for the Relief of the Officers and Soldiers of the
fifteen Battalions raised in this State for the Continental Army.
Also

Resolved, That there be advanced and paid out of the Treasury
of this State by the 1st Day of December next to each of the
Officers and Soldiers belonging to said Companies the same Sums
which were granted to Officers of equal Rank and Soldiers in the
fifteen Battallions aforesaid, by a Resolve of this Court of the
1st of May 1778; and that the same Regulation and Discipline
as far as respect Courts Martial and Punishments thereby and no
further, be observed in said Companies which are established for
the Government of the Continental Army. And it is further

Resolved, That Col. Revere be and hereby is directed to pub-
lish and proclaim Pardon from this State, to all and every Soldier
who have deserted the Service of this State, belonging to the late
Col. Crafts's Regiment, provided- he or they shall return to the
said Companies now Commanded by the said Col. Paul Revere, on
or before the 10th Day of July next, and that such as shall so
return to their Duty, and continue in said Service the Term they
inlisted for, shall be intitled to receive the above Benefits and
Gratuities, as though they had not deserted: But if any of the
aforesaid Deserters shall continue their Audacity, and refuse or
neglect to return to their Duty as aforesaid, all Militia Officers
within this State be and hereby are strictly enjoined to appre-
hend all such, and send them immediatelj^ under Guard to Bos-
ton, and deliver them to the said Colonel that they may receive
the Punishment due to such atrocious Offenders, and the reason-
able Expence thereof shall be paid by the Committee on Ac-
counts, which Sum the said Colonel is required to stop out of
such Soldiers' future Pay. [Passed June 25}

CHAPTER 190.

RESOLVE EMPOWERING THE BOARD OF WAR TO TAKE OR PUR-
CHASE BREAD OR OTHER PROVISIONS FOR NAVAL EXPEDITION
DESIGNED FOR THE EASTERN COAST.

Whereas the Motions of the Enemy upon the Eastern Coast Legislative
are such as may render a Naval-Expedition necessary and as a councif,*^ * ^
Supply of Bread and other Provisions may be immediately wanted: xxxix., 396.

Therefore Archives,

Resolved, That the Board of War be and hereby are impowered Mass" ' ^^^
to take for public Use from any Vessell or Store such Bread or ^''^"'s^^'j j^
other Provisions as they may have occasion for, provided a suffi- chap. i90.

cient Quantity cannot be purchased, the same to be apprized by Ante, p oo,
Persons mutually chosen by the Board of War and the Owners of "^p- ^^''•

1 This date is the same in Massachusetts Resolves, but is June 16 according to
Legislative Records of the Council.

100 Resolves, ETC. — 1779-80. [Chap. 191.]

such Provision, and in case the Owners refuse to joyn in such
Apprizement, then the Apprizers to be appointed by the Board
of War. And the Honorable Council are hereby requested to give
order on the Treasurer in favour of the Board of War for such
Sums of Money as will be sufficient to pay for any Bread or
P^o^^sion so taken or purchased. [Passed June 25.

CHAPTER 191.

ORDER DESIRING THE PRESIDENT OF THE COUNCIL TO SIGN THE
ANSWER TO THE MEMORIAL OF JONATHAN JACKSON AND
OTHERS OF NEWBURYPORT, RELATIVE TO THE PENOBSCOT EX-
PEDITION.

RSoives ^YLY. COMMITTEE of both Houscs to whom was committed the

May Session, Memorial from the Merchants of Newbury-Port report the an-

chap. 193. J T J.J.

Mass. nexed Letter

d^xv^^228-229 Walter Spooner per Order

'- In Council

Archives, Read and Accepted and thereupon

ckxxv., 225- Ordered, That the President of the Council be and he hereby is

desired to sign said Letter in the name and behalf of the General
Court

In the House of Representatives
Read and Concurred. \Fassed June 25.

Gentlemen,

The General Court are highly pleased with the Patriotism that
distinguishes the Memorial you have laid before them; previous
to the Receipt thereof the General Assembly had resolved on an
Expedition to Penobscot, to dislodge the Enemy there, a Copy
of which is herewith sent you; and are equipping a Fleet and
preparing a Land Force to co-operate for that purpose. We shall
depend upon the four Vessels first mentioned in your Memorial,
and shall rest entirely satisfied that the same disinterested Spirit
which has ever appeared in your Conduct will prompt you to
man, water, wood and equip for sailing, said Vessels immediately,
that they may be ready to sail as soon as the Provision for the
same shall come to Hand, which the General Court will imme-
diately send; the whole Expence shall be reimbursed you accord-
ing to the Resolve inclosed; the four Vessels by you mentioned
in addition to the Continental Frigate, Sloop Pro\adence, State
Vessels and others taken up here, will be sufficient to compleat
the Design.

In the Name of the General Court, I am. Gentlemen,

Your most obedient humble Servant

President.
To Messieurs Jonathan Jackson,

John Tracey, Samuel Batchelor,

Joseph Marquand, John Coffin Jones,

Nathaniel Tracey, Jacob Boardman,

Tristram Dalton, Thomas Thomas,

Merchants at Newbury-Port.

[1st Sess.] Resolves, etc. — 1779-80. 101

CHAPTER 192.

RESOLVES DIRECTING THE BOARD OF WAR TO SELL THE RE-
MAINDER OF THE EFFECTS OF THE SHIP SOMERSET (EXCEPT-
ING CANNON AND GOODS RESERVED FOR PUBLIC USE) AND TO
SETTLE WITH THE SALVORS AGREEABLE TO THE JUDGMENT
OF COURT.

Whereas the Suit at Law commenced by the Salvors of the Can- Legislative
non and Stores of the Ship Somerset/ is now finally determined, coundf, '^^ *''^
and the Interest of the Salvors therein ascertained: Therefore xxxix, 396.

Resolved, That all the Goods, Stores, &c., saved from the Ship Archives,
Somerset (excepting the Cannon and the Goods reserved for pub- Mass" ' ^^
lie Use by the Board of War of this State at a former apprized ^^^oives, ^
Value) be sold by the Board of War, the Value of the Cannon chap. i9i.
to be determined by Persons mutually chosen by the said Board Mass.
of War and the Salvors for that Purpose. And be it further ^cxx'iir'^335-

Resolved, That the Board of War be impowered and they are ccixxxv'., 35.
hereby accordingly impowered and directed to settle with the Laws, xx., 6i9,
Salvors or their lawful Attornies, and make Payment to them of °^^^- ^'^^•

their Share of the neat Proceeds of said Interest, agreeable to the
Judgment of Court in that Case; and the Honorable the Council
are hereby requested to issue their Warrant upon the State
Treasurer in favour of the Board of War, for such Sum or Sums
of Money as they may have occasion for to satisfy the Salvors
for their Part, of said Interest. [Passed June 25,

CHAPTER 193.

RESOLVE LAYING AN EMBARGO FOR TWENTY DAYS ON ALL OUT-
WARD BOUND VESSELS EXCEPT FISHING BOATS.

Resolved, That their be an Embargo laid on all outward bound k^^^^'^*'^f ti.
Vessels for the Term of twenty Days and the Naval Officers of Council,
the Ports in this State be and are hereby ordered and directed Mass.'
not to clear out any Vessel during said Term; and the Honorable ^'^''^■^^337
Council are hereby requested immediately to issue their Order Mass. '
to the Commanding Officers of the several Forts in the Ports in May*sSion,
this State that they permit no Vessels to depart the Harbours chap. 192.
aforesaid, except the Fishing Boats that daily go out for the
supplying the Inhabitants of said Towns with fresh Fish. [Passed
June 25.

CHAPTER 194.

RESOLVE GRANTING £20 ADDITIONAL PENSION TO DAVID THOMP- Legislative
SON, JUN., FOR THE YEAR PAST, ON ACCOUNT OF THE AD- Records of the
VANCED PRICE OF NECESSARIES. xx°xk. ! 397.

Mass.

On the Petition of David Thompson, jun., a Pensioner, pray- ccxxiii., 351.
ing that His Pension may be increased on Account of the ad- Resolves,
vanced Price of the Necessaries of Life : ^lay Session,

Resolved, That the Prayer of said Petition be so far granted as '■ — '■

that there be and hereby is granted to the said David Thompson, Arrives,
jun., the Sum of Twenty Pounds, in addition to said Pension, for prov|Jic|^^'
the Year past. [Passed June 25. Laws, xx., 293,

^ "■ chap. 780.

1 H. M. S. Somerset was wrecked Nov. 2-3, 1778, at the back side of Province-
town on Peaked Hill Bars. — Swift's Cape Cod, pp. 193-194.

102

Resolves, etc. — 1779-80. [Chaps. 195, 196.]

CHAPTER 195

Legislative
Records of the
Council,
xxxix., 398.
Mass.
Archives,
ccxxiii., 338.
Mass.
Resolves,
May Session,
chap. 194.

Province
Laws, XX., 639,
chap. 579.

RESOLVE EMPOWERING THE COMMANDING OFFICER OF THE 4th
REGIMENT IN SUFFOLK COUNTY TO SUE FOR THE RECOVERY OF
FINES AND FORFEITURES.

Whereas a Resolve passed this Court on the 1st of May last,
upon the Report of Eleazer Brooks, Esq., and others, a Commit-
tee appointed by this Court on the 26th of February last, to
repair to some Town within the Limits of the 4th Regiment in
the County of Suffolk and hear the Parties respecting the Dis-
putes subsisting in that Regiment about the Rank of the several
Companies therein; and also to take into Consideration the Res-
ignation of Col. [Benjamin]^ Hawes, and report:

And whereas in said Resolve amongst other things, it is therein
Resolved: That if any of the Companies in the Regiment afore-
said shall still continue to be destitute of proper Officers, accord-
ing to the Mode pointed out in the Militia Law of this State, in
such Case the Field Officers shall nominate to the Council suita-
ble Persons to be commissionated as Captains and Subalterns of
such Company; and in Case such Persons as shall be nominated
by the Field Officers shall neglect or refuse to take the Command
of such Company according to Law, in such Case the Command-
ing Officer of the Regiment shall be and hereby is authorized and
impowered to give his Orders from Time to Time to any Person
he shall judge suitably qualified to execute such Orders, and
living within the Limits of such Company; and any Person to
whom such Orders shall be [given] who shall neglect or refuse to
obey and execute the same shall forfeit and pay to the L^se of
any Person who shall prosecute and sue for the same, the sum of
Twenty Pounds, to be recovered as Fines and Forfeitures are re-
coverable by the Militia Laws of this State.

And whereas the Clerk of each Company by the aforesaid Militia
Laws is the only Person who may sue and maintain an x\ction for
the recovery of the several Fines and Forfeitures therein mentioned:

And whereas Doubts and Difficulties may arise whether any
other person saving the Clerk may by said Laws bring forward
and maintain such Action; to prevent which, it is

Resolved, That the Commanding Officer of said Regiment for
the Time being shall and may bring forward, have and maintain
such Action for the Recovery of the said Fines and Forfeitures,
any thing in said Resolve or in the Militia Laws of this State to
the contrary notwithstanding. [Passed June 25.

CHAPTER 196

Legislative
Records of the
Council,
xxxix., 400.
Mass.
Resolves,
May Session,
chap. 189.

RESOLVE GRANTING £15L 15s. TO DR. JOHN WARREN FOR ATTEND-
ANCE AND MEDICINES ADMINISTERED TO l^KAC TAYLOR AND
OTHERS.

On the Petition of Dr. John Warren, praying for Allowance
for Attendance and Medicines administered to Isaac Taylor, and
one other INIarine Prisoner, and also to Mr. Bush, while sick with
the Small-Pox on board of the Guard-Ship:

Resolved, That the Prayer of said Petition be granted, and that
there be paid out of the public Treasury of this State to Dr. John
Warren, the Sum of One Hundred and fifty-one Pounds fifteen
Shillings, in full Discharge of his said Accounts. [Passed June 25.

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 549,

[1st Sess.] Resolves, etc. — 1779-80. • 103

CHAPTER 197.

VOTE PROROGUING THE GENERAL COURT, WHEN PROROGUED,
UNTIL THE SECOND WEDNESDAY OF SEPTEMBER NEXT.

The Committee of both Houses appointed to consider what Mass.
Time and Place it will be expedient the General Court shall be 4x'x*iir^332.
adiourned to, have attended the Service, and after maturelv con- Mass

• XvGSOlVGS

sidering the Matter, do report that it will be most expedient and May Session,

most for the Interest of the State, that when the Court is ad- «J?ffii!L

journed or prorogued it should be adjourned or prorogued to the
second Wednesday of September next, then to meet at the Court-
House in the Town of Boston.

Which is humbly Submitted

Thomas Gushing per Order
In Council
Read and Accepted.

In the House of Representatives
Read and Concurred. [Passed June 25.

CHAPTER 198.

RESOLVE APPOINTING A COMMITTEE TO VIEW A BUILDING AT
CASTLE ISLAND CLAIMED BY FRANCIS GRAY, SUTLER, AND TO
REPORT AS TO ITS PURCHASE BY THE STATE.

The Committee of both Houses to whom was committed the Legislative
Petition of Francis Gray, [Sutler]^ have attended the Service and council^, °' *'^^
find the said Gray purchased a small Building as set forth in ^^"^^ < ^o''
his Petition; your Committee are informed by Col. [Paul]^ Revere Archives,
that the said Building as it now stands on Castle Island will be Mass" ' ^*'^'
of Service to this State, and your Committee are of Opinion that Resolves,
it would be of advantage to Mr. Gray to receive the Value of chtp. ^88.'°"'
said Building; therefore report that a Committee be appointed Mass.
to repair to Castle Island and view the Building, and consult cVxxiir34i
with Col. Revere and Mr. Gray, and value the said Building and 342.
examine if it will be for the benefit of this State to purchase it,
and make report.

All which is Submitted

Joseph Simpson per Order
In Council

Read and accepted and thereupon

Resolved, That John Pitts, Esq., with such as the Honorable
House shall join be a Committee to repair to Castle Island for
the Purpose mentioned in the above Report.
In the House of Representatives

Read and Concurred and Capt. [Thomas]^ Brooks and Mr.
[Richard]^ Cranch are joined. [Passed June 26.^

1 Massachusetts Archives, ccxxiii., 342-3. ^

2 Massachusetts Soldiers and Sailors of the Revolutionary War, xiii., 121.

3 Medford.
* Braintree.

6 This date is June 25 according to Legislative Records of the Council and Mas-
sachusetts Resolves.

104

Resolves, etc. — 1779-80.

[Chap. 199.]

CHAPTER 199.

Legislative
Records of the
Council,
xxxix., 401.
Mass.
Archives,
ccxxiii., 344-
347, 350.
Mass.
Resolves,
May Session,
chap. 205.

Mass.
Archives,
ccxxiii., 348.
Ante, p. 93,
chap. 179.

RESOLVES FOR RAISING 1,200 MEN IN CUMBERLAND AND LINCOLN
COUNTIES FOR THE PENOBSCOT EXPEDITION, MAKING PROVI-
SION FOR THE SAME, .APPOINTING BRIG. GEN. SOLOMON LOVELL
COMMANDER IN CHIEF, AND COL. PAUL REVERE TO COMMAND
THE ORDNANCE UNDER HIM.

Whereas this Court, in order to dislodge the Enemy now
landed on Penobscot, have by their Resolve of the 24th Instant
directed the Board of War to equip a Fleet for that Purpose, and
as it will be necessary to have a Land Force to co-operate there-
with :

Resolved, That the Council of this State be and hereby are
requested to issue Orders to the Brigadier of the County of
Cumberland to detach from his Brigade Six Hundred Men im-
mediately, to be formed into one Regiment with proper Officers,
equipped according to the Militia Act, to march immediately
to Penobscot, to be under the command of the Brigadier herein-
after appointed, to serve for two Months after they shall arrive
at Penobscot, unless sooner discharged, and that the said Council
be and hereby are requested to issue Orders to the Brigadier of
the County of Lincoln to detach from his Brigade a like Number
of Men, formed, equipped and marched as aforesaid, said Regi-
ments to be upon such an Establishment as this Court shall
hereafter make; and the Men heretofore ordered from the afore-
said Brigades to fill up the Continental Battallions shall be con-
sidered as Part of said Detachments, and be marched to Penobscot
or such other Place as the Commanding Officer shall direct; and
in case the Expedition is carried on the said Counties of Cum-
berland and Lincoln shall be excused from raising their Proportion
of Men to fill up the Continental Army for Nine Months, and it
is further

Resolved, That the Council be and hereby are requested to order
the Board of War immediately to prepare and send on to Penob-
scot to such Place as the Council shall order for the Use of said
Detachment, Nine Tons of Flour or Bread, Nine Tons of Rice,
Eighteen Tons of Salt Beef, Six Hundred Gallons of Rum, Six
Hundred Gallons Molasses, Five Hundred Stand of Fire-Arms,
Fifty Thousand Small-Arm Cartridges, two Eighteen Pound
Cannon, Two Hundred Rounds of Cartridges and Shot for ditto,
three Cannon (Nine-Pounders) with Three Hundred Rounds of
Cartridges for ditto, four Field Pieces, (Four-Pounders) and
Four Hundred Rounds of Cartridges for ditto, one Howitzer, and
Shot or Shells proper therefor. One Hundred Rounds, Six Barrels
of Gun Powder, and such Number of Camp Kettles, Spades,
Shovels, Pick-Axes and Chopping-Axes as the Commanding Offi-
cer herein after appointed may think proper for said Expedition.
And it is further

Resolved, That the Council be and they are hereby requested
to order Col. Revere with One Hundred of the Train under his
Command, to Penobscot, on said Expedition; and the said Col.
Revere is hereby appointed to command the Ordnance during
said Expedition, under the Dii-ection of the Commander in Chief
there. And be it further

Resolved, That Solomon Lovell, Esq., Brigadier-General, be and
he is hereby appointed to command the abovesaid Detachments
destined to Penobscot aforesaid, and advise with the Commander
of the Fleet destined there, to guide and direct the Land Move-
ments in said Expedition, to the utter Expulsion of the Enemy

{1st Sess.] Resolves, etc. — 1779-80. ' 105

from this State, and the Council are requested to commission
him accordingly. And it is hereby

Resolved, That the Council of this State shall from Time to
Time give such Orders to said Commander, and further reinforce,
and supply by Land or Sea as to them may appear reasonable
to answer the Purpose designed. [Passed Jiine 26}

CHAPTER 200.

RESOLVE EMPOWERING THE ADMINISTRATORS OF THE ESTATE OF
JOSEPH MOTLEY, LATE OF CHELMSFORD, TO EXECUTE A DEED
OF SALE, THE PROCEEDS TO BE APPLIED AS DIRECTED.

On the Petition of Mehitabel Motley and Joseph Motley, of R||o^rdl*of the
Chelmsford in the County of Middlesex, praying that they may Council,
have Power to sell and execute a good Deed or Deeds of the Mass.' '
Estate whereof Joseph Motley, late of Chelmsford in the County 4^j^^|p^3'57
of Middlesex, died seized and possessed of: Mass.

Resolved, That the Prayer be granted and that Mehitabel May* Session,
Motley and Joseph Motley, Administratrix and Administrator to chap. i97.
the Estate of said Joseph Motley, late of Chelmsford deceased, ^ass.
in their Capacity, be and they are hereby impowered to make ccxxih., 358.
Sale of all the Real Estate mentioned in said Petition, for the La\7s'^,°ii'', i5i,
most the same will fetch, and make and execute a good Deed or Jo^Pv"^' ^l^'
Deeds thereof to the Purchaser or Purchasers; they observing the
Rules and Directions of the Law in the Sale of Real Estates by
Executors and Administrators, and giving Caution to the Judges
of Probates for the Counties of Middlesex and Essex, that the
Proceeds of said Sale or Sales shall be applied in the following
Manner, viz. one Third thereof be put to Interest for the Benefit
of the Widow during Life, the Remainder, after the Payment
of the Deceased's just Debts, to be divided between the Heirs
in the same proportion as though the Estate had not been sold,
and the Widow's Thirds at her Decease to be divided in like
Manner amongst the Heirs. [Passed June 26.

CHAPTER 201. KKl.h.

Council,
RESOLVE GRANTING £250 TO WILLIAM BAKER, MESSENGER TO THE ^If^- *°^-

GENERAL COURT. Archives,

ccxxiii., 370.

Resolved, That there be allowed and paid out of the public Resolves,
Treasury to William Baker the Sum of Two Hundred and fifty ^a^,^2oi'°"'

Pounds, in full for his Services as Messenger to the Great and — -—-

General Court to the fourth Wednesday in August next. [Passed Archives,
June 26. <="="''"- ^^s-

CHAPTER 202.

RESOLVE DIRECTING THE TREASURER, BOARD OF WAR, AND COM-
MITTEE OF SEQUESTRATION TO PREPARE THEIR ACCOUNTS AND
TO LAY THEM BEFORE THE COURT BY THE FIRST TUESDAY OF
THE NEXT SITTING, WITHOUT FAIL.

Resolved, That the Treasurer of this State be and he hereby is Legislative
ordered and directed to prepare his Accounts and without fail councif, °^ ^'^^
to lay the same before the General Court by the first Tuesday xxxix., 405.

' This date is same in Massachusetts Resolves, but June 25 according to Legisla- ccxxiii^s'es
tive Records of the Council.

106

Resolves, etc. — 1779-80. [Chaps. 203, 204.}

Mass.
Resolves,
May Session,
chap. 198.

Mass.
Archives,
cclxxxv., 36.

of their next Sitting; and the Board of War of this State and the
Committee of Sequestration are hereby ordered and directed to
prepare their respective Accounts, and under no Pretence what-
ever to neglect laying the same before the General Court by the
first Tuesday of their next Sitting. [Passed June 26.

CHAPTER 203

Legislative
Records of the
Council,
X.WLK., 405.
Mass.
Archives,
ccxxiii., 364.
Mass.
Resolves,
May Session,
chap. 201.

Ante, p. 57,
chap. 102.

RESOLVE ENLARGING THE GRANT TO THE COMMITTEE FOR SUP-
PLYING THE ARMY WITH SMALL STORES TO £40,000.

Whereas the Sum of Twenty Thousand Pounds granted to the
Committee for supplying that Part of the Continental Army raised
in this State, with small Stores, will not be sufficient for that Pur-
pose until the next Sitting of the General Court: Therefore

Resolved, That the Honorable Council be and they hereby are
requested to grant Warrants on the Treasurer of this State in
favour of said Committee for such a Sum as they judge necessary,
not exceeding Forty Thousand Pounds, to enable said Committee
to prosecute said Business, they to be accountable for the Sums
they shall respectively receive. [Passed June 26.

CHAPTER 204

Legislative
Records of the
Council,
xxxix., 406.
Mass.
Archives,
ccxxiii., 365.
Mass.
Resolves,
May Session,
chap. 199.

Mass.
Archives,
cclxxxv., 37.
Ante, p. 69,
chap. 134.

RESOLVES EMPOWERING THE DELEGATES AT CONGRESS TO RE-
CEIVE OF MICHAEL HILLEGAS, CONTINENTAL TREASURER,
TREASURER'S NOTES AND BILLS OF EXCHANGE AMOUNTING
TO £45,000 AND TRANSMIT THEM TO THE TREASURER OF THIS
STATE, WHO WILL CREDIT THEM TO THE UNITED STATES AND
CHARGE THEM TO THE BOARD OF WAR WHO ARE TO REPAY
THEM OUT OF THE MONEY RECEIVED FROM THE SALE OF
FLOUR PURCHASED WITH THEM.

Whereas Michael Hillegas, Esq., Continental Treasurer, has
informed this Court that by Direction of the Delegates of this
State, he has paid Mr. Cumberland Dugan (a Gentleman em-
ployed by the Board of War to purchase Flour at the Southward)
the Sum of Thirty Seven Thousand Pounds lawfull Money, in
exchange for Notes Issued by the Treasurer of this State to that
Amount; and also that he has paid him on the account of the
Board of War, the further Sum of One Thousand six Hundred
sixty-six Dollars and sixty ninetieths of a Dollar, equal to Five
Hundred Pounds lawfull Money; and that he has also paid Mr.
John Purviance two Bills of Exchange dated the 17th of April
last, one for Four Thousand Pounds and the other for Three Thou-
sand five Hundred Pounds lawfull Money, drawn by Messieurs
Samuel and Robert Purviance in his favour on Samuel Phillips
Savage, Esq., which Bills he paid on Account of the said Board of
War for Flour purchased for them by said Purviance, all of which
Sums amount to Forty-five Thousand Pounds lawfull Money,
which he the said Hillegas paid out of the Warrant of Congress
of the 5th of April last, drawn in favour of this State for the Sum
of One Hundred and fifty Thousand Dollars: Therefore

Resolved, That the Delegates from this State at Congress be and
hereby are impowered and directed to receive of Michael Hillegas,
Esq., the Treasurer's Notes he has now in his Hand, amounting
to Nineteen Thousand Pounds, (Mr. John Lowell having already
received of said Michael Hillegas, Esq., Treasurer's Notes to the

[1st Sess.] Resolves, etc. — 1779-80. 107

amount of Eighteen Thousand Pounds, and delivered the same
by Order of this Court to Henry Gardner, E^^q.,) and also the two
Bills of Exchange above referred to paid Mr. Purviance, and
transmit the same to the Treasurer of this State by the first safe
Conveyance. And be it further

Resolved, That the Treasurer of this State be and hereby is
directed to carry to the Credit of the United States the Amount
of the State Notes and Bills aforesaid; and he is further directed
to charge the Sums beforementioned, viz. the One Thousand six
Hundred sixty-six Dollars and sixty ninetieths of a Dollar, and
the Twenty-five Thousand Dollars [i.e. £7500] to the Account of
the Board of War, who are hereby directed and requested to re-
pay the same, together with Thirty-seven Thousand Pounds Mr.
Cumberland Dugan has received of the Continental Treasurer (in
exchange for State Notes) on their Account into the Treasury,
as soon as they can raise the Money out of the Flour they may
import into this State. [Passed June 26.

CHAPTER 205.

RESOLVE GRANTING £519 ADDITIONAL TO JOHN LOWELL FOR
GOING EXPRESS TO PHILADELPHIA, RECEIVING AND PAYING
OUT $860,000.

The Committee appointed to take under consideration what Legislative
Sum shall be allowed Mr. John Lowell, for time, trouble and Counci?,°
expence in going Express to Philadelphia, receiving, bringing, and ^f^' ^°^'
paying out, the Sum of Eight Hundred and sixty Thousand Dol- Resoiyes.
lars, [report by way of Resolve]: chap. m°"'

Resolved, That there be allowed and paid out of the public province
Treasury of this State, the Sum of Five Hundred and nineteen ^^"^^^'696' ^^^'
Pounds to Mr. John Lowell; in full for the abovesaid Service and Ante,x>.m,
Expence, over and above what he has already received from this ^ ^''' ^ *'
State. [Passed June 26.

CHAPTER 206.

VOTE CHOOSING WILLIAM LYMAN STATE CLOTHIER IN ROOM OF Legislative

ELISHA AVERY WHO DECLINES SERVING. Records of the

Council,
xxxix., 408.

In the House of Representatives ^Thives

The House, by Ballot, made Choice of Mr. William Lyman ccxxiii., 356.
as a State Clothier, in the room of Mr. Elisha Avery, who declines Resolves,

<jf>rvino- May Session,

beiviag. chap. 203.

In C ouncil

Read and Concurred. [Passed June 26. chap! i64.

CHAPTER 207.

RESOLVE EMPOWERING THE PROPRIETORS OF MASHPEE TO GRANT
LANDS AND MEADOWS TO REV. GIDEON HAWLEY, MISSIONARY
TO THE INDIANS.

Upon the Petition of Gideon Hawley, a Missionary to the Legislative
Indians of the District of Marshpey, in the County of Barnstable, c^ndf,''*^''^
and the Petition of Joseph Richards and other Proprietors of the JP"' • ^^^-

108

Resolves, etc. — 1779-80. [Cil\ps. 208, 209.]

Archives,
ccxxiii., 359.
Mass.
Resolves,
May Session,
chap. 196.

Mass.
Archives,
cc>adii., 360-
362.

said District of Marshpey, praying that they the said Proprietors
of said District of Marshpey may be authorized to give the said
Gideon Hawlcy a good Deed of certain Lands and Meadows in
the said District, belonging to the said Proprietors, as mentioned
and particularly described in a Report of a Committee of the
Proprietors of the said District annexed to said Petition, which
appears to have been accepted by the Proprietors of said District,
at their Meeting on the 27th of April last, for the future En-
couragement of the said Gideon Hawley to continue his Labours
in the Ministry among them: It is

Resolved, That the said Joseph Richards, Timothy Wright, and
John Pognit, being three of said Proprietors and Petitioners, to-
gether with the major Part of the Overseers of the said District
be and they are hereby authorized and impowered to make and
execute a good and lawfull Deed or Deeds of all the Lands and
Meadows mentioned in the Report of the Committee of said Pro-
prietors, upon the Conditions therein mentioned, to the said
Gideon Hawley, his Heirs and Assigns, and the Premises being
conveyed agreeable to this Resolve shall be considered as a good
and lawfull Conveyance of the same. [Passed June 26.

CHAPTER 208

RESOLVES LIFTING THE EMBARGO OF THE 25th INSTANT AS FAR AS
IT APPLIES TO WOOD AND OYSTER VESSELS, OR OTHER SMALL
CRAFT, AND THOSE IN PUBLIC SERVICE.

Legislative
Records of the
Council,
xxxix., 409.
Mass.
Archives,
ccxxiii., 355.
Mass.
Resolves,
May Session,
chap. 195.

Ante, p. 100,
chap. 193.

\Yhereas by a Resolve passed the 25th Instant, laying an Em-
bargo on outward bound Vessels, unnecessary Embarrassments
arise to small Vessels passing from one Harbour to another:

Resolved, That the said Resolve of the 25th Instant shall not
be construed to extend to prevent any Wood or Oyster Vessels,
or other small Craft, from passing from one Harbour to another
within Cape-Ann and Cape-Cod. And it is further

Resolved, That the Honorable Council be and they are hereby
impowered to grant Permits to such Vessels (employed in the pub-
lic Service) to proceed on any Voyage as they judge proper; any
thing in the said Resolve of [the] 25th Instant to the contrary
notwithstanding. [Passed June 26.

CHAPTER 209

Legislative
Records of the
Council,
xxxix., 410.
.Mass.
Archives,
ccxxiii., 354.
Mass.
Resolves,
Mav Session,
chap. 204.

Mass.
Archives,
cclxxsv., 38.

RESOLVE FOR FURNISHING POWDER. BALL AND FLINTS TO THE
TOWNS OF FALMOUTH AND SANDWICH IN FULL FOR THE SAME
SUPPLIED ON THE LATE ALARMS AT FALMOUTH.

Resolved, That the Board of War be and they are hereby di-
rected to deliver to Nathaniel Freeman, Seventy-one Pounds of
Powder, Forty-eight Pounds and a Half of Leaden Ball, and Four
Hundred and twenty Flints, for the Use of the Towns of Sandwich
and Falmouth, in full for the same Quantities of each of said
Articles supplied by the Selectmen of said Towns on the late
Alarms at Falmouth. [Passed June 26.

[1st Sess.] Resolves, etc. — 1779-80. 109

CHAPTER 210.

RESOLVE DIRECTING THE BOARD OF WAR TO APPLY TO THE CON-
TINENTAL AGENTS FOR LOAN OF CLOTHING FOR COMPANIES
UNDER LIEUT. COL. PAUL REVERE.

Whereas by a Resolve of this Court the Corps of Artillery Legislative
under the Command of Lieut. Col. [Paul]^ Revere are intitled to councif, °' '^^
the same Cloathins; and on the same Terms with the Soldiers in xxxix., 4ii.

• Mass

the Continental Battalions, and as the Board of War have not Archives,
in their Possession any Cloathing suitable for the above Purpose: mS"' ' ^''^

Therefore Resolves,

Resolved, That the Board of War be directed and they are chap.' 207'""'

hereby accordingly directed to apply to Messieurs Otis and Henly, province

the Continental Agents in Boston, for the Loan of so much Cloath- ^if^^'Sg^^^'

ing as will be sufficient to cloath said Corps, to be accounted for

in such Way and Manner as Congress may hereafter direct; and it

is hereby recommended to said Messieurs fsamuel Allyne]^ [David] ^

Otis and Henley to supply the Board of War accordingly. [Passed

June 28.

CHAPTER 211.

RESOLVE DESIRING THE COUNCIL TO SEND A CARTEL TO HALIFAX
WITH PRISONERS FOR EXCHANGE.

To the Honourable the Council of the State of the Massa- Legislative
chusetts-Bay. c^clf °* ^^^

Samuel White (in behalf of a number of the Inhabitants of xxxix., 412.
the Town of Marblehead) respectfully sheweth: Archives,

That there are at this time One Hundred and fifty Americans 372'''"Mats^'
belonging to said Town, Prisoners at Halifax, many of whom have Resolves,
been confined on board Prison-Ships in that Harbour more than chap, lol!""'
three months, suffering all the complicated hardships which
British Inhumanity hath devised, and British Barbarity can
i'nflict: That there are now Two Hundred Prisoners in this Har-
bour who are adding to the scarcity which is already distressing
to us; Your Memorialist therefore earnestly sollicits your Honours
to commisserate the anxious feelings of the Parents, Wives and
other Relations of the unfortunate brave fellows who are perish-
ing at Halifax, and to direct the Commissary of Prisoners to
dispatch a Cartel to said Port, with such a number of Prisoners
for Exchange as shall restore to our Country those seamen which
are so much wanted here: "So shall ye cause the Prisoners heart
to rejoyce and the distressed to rise up and call you blessed." And
your Memorialist as in duty bound shall ever pray.

Samuel White

On the Petition of Samuel White, in behalf of a Number of the
Inhabitants of Marblehead, praying that a Cartel may be sent
as soon as may be to Halifax with Prisoners who are now on
board the Prison-Ship in this Harbour, to be exchanged for a
like Number of our Brethren who are Prisoners at that Place:

Resolved, That the Prayer of the Petition be granted, and the
Honourable the Council be and they are hereby desired to send a
Cartel as soon as they conveniently can for that purpose. [Passed
June 28.

> Massachusetts Soldiers and Sailors of the Revolutionary War, xiii., 121.
2 Journals of the Continental Congress.

110

Resolves, etc. — 1779-80. [Chaps. 212, 213.]

CHAPTER 212

RESOLVE GRANTING £5,23 L lis. 11d. If. BALANCE, TO COL. ALLAN,
CONTINENTAL AGENT FOR INDIAN EASTERN DEPARTMENT, TO
BE CHARGED TO THE UNITED STATES.

Legislative
Records of the
Council,
xxxix., 399
Mass.
Archives,
ccxxiii., 394.
Mass.
Resolves,
May Session,
chap. 210.

The Committee of both Houses appointed to examine the
Accounts of Col. John Allan against the United States, for the
Expences in carrying on the Business of Agency with the Eastern
Indians, presented by Lieut. James Avery, after having duely
examined said iVccounts, it appears to your Committee, by said
Accounts exhibited that there is a Balance of £5,231.. lis. lid. If.
due to said Col. Allan on his Accounts to the 1st Day of June
Instant. Tlierefore your Committee beg leave to report by way
of Resolve

Resolved, That there be paid out of the public Treasury of this
State to Col. John Allan, Continental Agent for Indian Eastern
Department, the Sum of Five Thousand two Hundred and thirty-
one Pounds, eleven Shillings, eleven Pence, and one Farthing,
for the Balance due on his Accounts against the United States
for the Expences in carrying on his Business of Agency with the
Eastern Indians to the 1st Day of June Instant, which Sum is
to be placed to the Account of this State against the United
States.

In the House of Representatives

Read and passed
In Council

Read and Concurred. [Passed June 29.^

CHAPTER 213.

RESOLVE APPOINTING JOHN HANCOCK, LOAMMI BALDWIN, JACOB
GERRISH, THOMAS GUSHING AND ABRAHAM FULLER, ESQUIRES,
A COxMMITTEE ON REPAIRING AND COMPLETING THE FORT-.
RESSES IN AND ABOUT BOSTON HARBOR AND GRANTING £6,000
FOR THE SAME.

Legislative
Records of the
Council,
xxxix., 413.
Mass.
Archives,
ccxxiii., 387.
Mass.
Resolves,
May Session,
chap. 223.

In the House of Representatives

Resolved, That John Hancock, Loammi Baldwin and Jacob
Gerrish, Esquires, with such as the Honorable Board shall join,
be and they are hereby appointed a Committee for the Purposes
of repairing and compleating such of the Fortresses in and about
the Harbour of Boston as to them shall appear most necessary
for our immediate Defence; and the Honorable Council are hereby
requested to grant ^Yarrants on the Treasurer of this State from
Time to Time in favour of said Committee for such Sums as they
may Judge necessary for the Purposes aforesaid: Provided that
the Amount of said Warrants shall not exceed the Sum of Six
Thousand Pounds
In Council

Read and Concurred and Thomas Cushing and Abraham Fuller,
Esquires, are joined. [Passed June 29.

* This date is same in Massachusetts Resolves, but is June 25 according to Legis-
lative Records of the Council.

[1st Sess.] Resolves, etc. — 1779-80. Ill

CHAPTER 214.

RESOLVE GRANTING £28 TO THE SELECTMEN OF SOUTHBOR-
OUGH FOR BOUNTIES PAID TWO SOLDIERS IN RHODE ISLAND
CAMPAIGN.

On the Petition of the Selectmen of Southborough, setting Legislative
forth that in Consequence of Orders from the General Assembly councif, °^ ^^'^
of this State, July [June]S 1778, they detached two Soldiers from ^''^^ • *i'^-
said Town to serve in the Campaign at Rhode-Island the last Resoiyes,
Year, and they advanced a Bounty of Fourteen Pounds to each ^ap.^los'""'
Soldier before they marched, for which they have received no ^~^^^^ ~
Consideration : Laws, xx,, 441,

Resolved, That there be allowed and paid out of the public "^ *^'
Treasury of this State to the Selectmen of the Town of South-
borough the Sum of Twenty-eight Pounds, in full for the Boun-
ties advanced to two Soldiers detached from said Town. [Passed
June 29.

CHAPTER 215.

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS EXECUTIONS Legislative
AGAINST DEFICIENT CONSTABLES AND COLLECTORS FOR THE p °''„-f °^ *^®
YEAR 1778, IMMEDIATELY AFTER THE 1st OF AUGUST NEXT. xxxix., 414.

Mass.

Resolved, That the Treasurer of this State be and he hereby is ccxxiii., 388.
directed to issue his Executions, immediately after the 1st Day Revives,
of August next, against all deficient Constables and Collectors for ^^ ^|fl'°°'

the Year 1778, who shall not before that Time make Payment ^ — '■

into the public Treasury of the Sums due from them respectively.
[Passed June 29.

CHAPTER 216.

RESOLVE GRANTING £3 PER DAY, ADDITIONAL, TO MONSIEUR DE

MARESQUELLES.

Whereas Monsieur [Lewis] ^ de Maresquelles has by his Petition Legislative
represented to this Court the Insufficiency of his present Allow- counclf,*'^* ^
ance for his decent and comfortable Support; and whereas the |™^ ■ *'^-
Representation appears to be well founded; Therefore Archives,

Resolved, That there be allowed and paid out of the public Mass"" ^°*''
Treasury to said Monsieur de Maresquelles the Sum of Three ^''®°g's®'j ^
Pounds per Day in addition to his former Allowance, the said chap. 213.
additional Pay to take Place from the 1st of February last, and Mass.
continue until the further Order of this Court, and the Honorable 4xx^|p4oi
Council are requested to give Orders on the treasurer in favour Province
of Monsieur de Maresquelles accordingly. [Passed June 29. chaif.'786;'xx.,'

599, chap.' 486.
' June 12. — Province Laws, xx., 441, chap. 55.
* Massachusetts Archives, ccxxiii., 401.

112

Resolves, etc. — 1779-80. [Chaps. 217, 218.]

CHAPTER 217

Legislative
Records of the
Council,
xxxix., 414.
Mass.
Archives,
ccxxiii., 403.
Mass.
Resolves,
May Session,
chap. 219.

RESOLVES APPOINTING JOHN DEMING, PETER BOYER AND THOMAS
WALLEY, ESQUIRES, A COMMITTEE FOR STATING PUBLIC AC-
COUNTS, AND DIRECTING THEM TO PREPARE AN ACCOUNT OF
ALL DISBURSEMENTS IN FAVOR OF THE UNITED STATES SINCE
THE 1st of JANUARY, 1777, IN ORDER FOR A SETTLEMENT.

Whereas the Commission of the Committee for stating and
methodizing the pubHc Accounts has expired:

Resolved, That John Deming, Peter Boyer and Thomas Walley,
Esquires, be and they are hereby appointed a Committee whose
Business it shall be to state Accounts, and make proper Charges
of all Monies ordered to be paid out of the public Treasury, and
of all Articles ordered to be delivered from the public Stores, or
otherwise to such Person or Persons in whose favour said Orders
were given, or who received the same, and to call upon all Com-
mittees and others who have received pubHc Monies or Stores
for which they were to be accountable, to adjust and settle their
respective Accounts. And it is further

Resolved, That said Committee shall prepare a proper Account of
all the Disbursements made by this State in favour of the United
States since the 1st of January 1777, in order that the same may
be laid before Congress for a settlement. [Passed June 29.

CHAPTER 218.

RESOLVES ORDERING ONE SERGEANT, ONE CORPORAL, AND SIX-
TEEN MEN FROM DORCHESTER HEIGHTS TO DO DUTY AS
GUARDS ON THE GUARD SHIP IN BOSTON HARBOR, EXCUSING
THE FIVE MEN LATELY DRAFTED FROM DORCHESTER AND
MAKING FURTHER PROVISION FOR PRISONERS.

Legislative
Records of the
Council,
xxxix., 415.
Mass.
Archives,
ccxxiii., 398.
Mass.
Resolves,
May Session,
chap. 224.

Mass.
Archives,
ccxxiii., 399.
Province Laws,
XX., 255,
chap. 665.

On the Memorial of Joseph Henderson representing that the
Guards now on board the Guard-Ship will be taken off this Day,
and that it will be impossible to keep the Prisoners unless he is
immediately supplied with another Guard, and that the Guard-
Ship is insufficient to receive the Prisoners now in Boston:

Resolved, That one Serjeant, one Corporal and sixteen Men be
immediately ordered from the Men doing duty at Dorchester
Heights on board the State Guard-Ship now in this Harbour,
there to do Duty till relieved by Order of the Honorable Council,
for which Service the Town of Dorchester shall be excused from
sending the five Men ordered to be draughted from that Town
by a late Resolve of the General Court to do duty in and about
Boston. And it is further

Resolved, That the Honorable Council be and they hereby are
impowered to make such further Provision as they shall think
necessary for the Reception of the Prisoners that now are or may
be sent into Boston. [Passed June 29.

[1st Sess.] Resolves, etc. — 1779-80. 113

CHAPTER 219.

RESOLVES GRANTING £36 TO CAPT. WILLIAM TODD, LATE OF COL.
CRAFTS'S REGIMENT, FOR MONEY ADVANCED TO HIS MEN,
THE GREATER PART OF WHOM DESERTED, AND DIRECTING
COL. REVERE TO STOP THE SAME FROM OTHERS UNDER HIS
COMMAND.

On the Petition of William Todd, a late Captain in Col. {feljj^rd^g'of ^^e
[Thomas]^ Crafts's Regiment of Artillery, setting forth that he Council,
has advanced considerable Sums in favour of the Company then Mass.'
under his Command with a view of stopping the same out of their p^x^xiir^o
Wages, but the aforesaid Regiment being reduced, the Company Mass.
which he Commanded (the greatest Part of them) deserted, and May°Ses*sion,
left about two Months pay due, which has put it out of his Power '''^^p- -'^-
to obtain his Pay: Therefore Arniv

Resolved, That Capt. William Todd, late of Col. [Thomas] ccxxiii., 396.
Crafts's Regiment, be allowed and paid out of the public Treasury
of this State Thirty-six Pounds, in full, for the Money he ad-
vanced for Thomas Bartley, Peter Hailey, Jacob Johnston,
Ebenezer Chamberlain, James Walker, William Lawson, Charles
Rose, James Bell, and Ebenezer Brown, all of which Soldiers
diserted at the late Reduction of said Regiment. And it is further

Resolved, That Col. [Paul]^ Revere be directed to stop so much
of the Wages of Thomas Acheson, James Cushing, Jacob Gardi-
ner and Nathan Thomas, Soldiers now in his Regiment, as to
discharge the several Sums advanced to them by Capt. William
Todd, while said Men were under his Command. [Passed June 29.

CHAPTER 220.

RESOLVE ALLOWING THE ENTRANCE AT THE NAVAL OFFICE OF
THE BRIGANTINE HANNAH, CAPT. TRISTRAM BARNARD FROM
CORK WITH PROVISIONS, MANNED BY ESCAPED AMERICAN
PRISONERS, AND DIRECTING THE BOARD OF WAR TO WITH-
DRAW THEIR LIBEL, AND RESTORE THE BRIGANTINE AND
CARGO, EXCEPT SUCH AS IS IMPRESSED FOR PUBLIC SERVICE,
AT APPRAISED VALUE.

On the Petition of Capt. Tristram Barnard: Legislative

Whereas Capt. Tristram Barnard, together with Capt. John councif°^^^^
Chaddock, have lately arrived from Cork in the Brigantine xxxix., 418.
Hannah, loaded with Provisions, being the Property of said Anfhives,
Barnard and Chaddock, and navigated by American Prisoners, 246'"'l^ials^'
whom, together with a considerable Number of others, the said Resolves,
Barnard at great Expence assisted in making their Escape from chap. 226.'°"'

England. And whereas it appears that they are Persons well Mass.
affected to the United States, and the said Barnard has pro- '*ixxx'^^^243-
duced to this Court a Passport, Protection and safe Conduct cckxxv'., 39.'
from the Commissioners of these States at the Court of France,
recommending him and his Company, with their Effects, to the
Protection of all Commanders of armed Vessels under Com-
missions of the United States of North America, or either of
them: Therefore

Resolved, That the said Captain Tristram Barnard be admitted
to enter the Brigantine Hannah and Cargo at the Naval Office,
and the Naval Officer for the Port of Boston is hereby directed

1 Massachusetts Soldiers and Sailors of the Revolutionary War, xv., 817.
« Ibid., xiii., 121.

114

Resolves, etc. — 1779-80.

[Chap. 221.]

to admit said Vessel and Cargo to an Entry; and the Board of
War, who have preferred a Libel against said Vessel and Cargo,
before the Judge of the Maritime Court for the Middle District
of this State, be and are hereby directed to restore the said
Brigantine and Cargo to Capt. Tristram Barnard and Capt.
Chaddock, excepting such Articles of said Cargo which they are
impowered to impress for the public Service, paying therefor
at the apprized Value, and that they surcease all further Pro-
ceedings against said Vessel and Cargo. [Passed June 29.

CHAPTER 221

Legislative
Records of the
Council,
xxxix., 419.
Mass.
Archives,
ccxxiii., 385.
Mass.
Resolves,
May Session,
chap. 212.

Mass.
Archives,
clx.xxv., 225,
229; cclxxxv.,
44. Ante, p.
104, chap. 199.

RESOLVES DETACHING 300 MEN FROM YORK COUNTY FOR PENOB-
SCOT EXPEDITION, DIRECTING THE BOARD OF WAR TO PROVI-
SION PRIVATEERS AT NEWBURYPORT, SECURE OTHERS AT SALEM,
COMPLETE THE CREWS OF THE CONTINENTAL NAVAL VESSELS
IN BOSTON HARBOR, REQUESTING THE COUNCIL TO ASK FOR
THE USE OF CONTINENTAL NAVAL VESSELS, AND EMPOWERING
THEM TO SECURE PRIVATE VESSELS AND TO EXPEND £50,000.

Resolved, That the Council be requested to issue their Orders
to the Brigadier or Commanding Officer of the County of York
to detach from his Brigade Three Hundred Men, and form them
into Companies with proper Officers, equipped according to the
Militia Law of this State, and hold them in Readiness to march
to Penobscot under the Command of Gen. [Solomon] ^ Lovell, to
attack the Enemy there, to serve for the Term of two Months^
unless sooner discharged.

Resolved, That the Board of War be directed immediately to
send to Newbury-Port a Quantity of Pro\'ision to victual for a
two Months Cruize, one Ship of Twenty-four Guns, one of
Twenty, two of Sixteen Guns, which the Merchants there have
agreed to man for the Penobscot Expedition: and that the said
Board of War take Measures immediately to compleat the Crews
of the Continental Vessels now in this Harbour, for the aforesaid
Expedition to continue in that service only for the Term of two
Months, unless sooner discharged, and that the said Board send
to Salem and procure two Twenty Gun Ships or more for the said
Expedition immediately.

Resolved, That the Council be and hereby are requested to
write to the Continental Navy-Board, requesting them to aid the
Penobscot Expedition with the Continental Vessels now in this
Harbour, and fit them immediately therefor.

Resolved, That the Council be and hereby are impowered to
hire or impress any Vessel or Vessels, other than the Continental
or those belonging to this State, should the Exigencies of the State
require it, and forward the Penobscot Expedition as soon as pos-
sible: Also

Resolved, That the Council be and hereby are impowered to take
such further measures as they shall judge necessary to carry into
Efl'ect the Expedition aforesaid, and to draw on the Treasury for
any Sum not exceeding Fifty Thousand Pounds for this Purpose.
[Passed June 29.

1 Ante, p. 104, chap. 199.

[1st Sess.] Resolves, etc. — 1779-80. 115

CHAPTER 222.

RESOLVE GRANTING BOUNTY OF 25 SHILLINGS PER MONTH TO EACH Legislative
NON-COMMISSIONED OFFICER AND SOLDIER WHO CONTINUED Councif
IN THE SERVICE AT MACHIAS AFTER THE 1st DAY OF DECEM- xxxix., 421.
BER LAST. Mass.

Archives,
ccxxiii., 383.

On the Petition of James Avery in behalf of Col. John Allan, ^^^j^gg
Commanding Officer at Machias, praying for a Bounty of Twenty- May Session,

five Shillings per Month for those Troops who continued in the ''-^ — ■

Service at Machias, after the 1st Day of December last: Archives,

Resolved, That the Prayer of the Petition be granted, and that ccxxiii., 384.
there be allowed Twenty-five Shillings per Month, as a Bounty, Laws, xx., 678,
to each Non-commissioned Officer and Soldier who continued in ^^^^- ®^^-
the Service at Machias after the 1st Day of December last, till
they were discharged, and the Committee of Rolls are directed to
pass said Rolls accordingly. [Passed June 29.

CHAPTER 223.

RESOLVE DISCHARGING JOHN GREENWOOD'S NEGRO MAN NEP-
TUNE FROM CONFINEMENT, BEING A PRIVATEERSMAN CAP-
TURED BY THE ENEMY AND RECAPTURED FROM THEM, WHO IF
HE CHOOSES MAY RETURN TO THE SERVICE OF SAID GREEN-
WOOD.

On the Petition of John Greenwood, representing to this Legislative
Court that about three Years ago his Negro-Man Neptune, aged councIf °^ ^'^'^
about Twentv-two Years, entered on board a Privateer, whereof xxxix., 421.

. . Mass

Joshua Stone was Commander, which Vessel soon after sailed on Archives,
a Cruize and was taken by one of the British Ships of War, that m™" ' ^^^
about one Month since the Ship called the Blaze-Castle was taken Resolves,
and brought into this State, on board of which was the said Negro- chap. 211'°"'
Man Neptune, who is now in Charge of the Commissary of Pris- Mass.
oners of this State, and prays that the said Commissary may be '^xxiii^382
ordered to deliver him said Negro:

Resolved, That the Prayer of the Petition be so far granted that
the said Commissary be and hereby is directed to discharge said
Negro-Man Neptune from his Confinement, that if he chooses he
may return to the Service of the said John Greenwood. [Passed
June 29.

CHAPTER 224.

RESOLVE ALLOWING TOWNS TO ENLIST MEN FOR THE CONTINEN-
TAL ARMY OUT OF THOSE TOWNS WHO HAVE COMPLETED
THEIR QUOTA.

Whereas Doubts have arisen whether the Inhabitants of any Legislative
Town in this State who have Compleated their Quota, have counctf °^ *^*
Liberty to inlist as the Quota of any other Town, to join the xxxix., 422.
Continental Army for nine Months, agreeable to a Resolve of Archives,
this Court passed the 9th of this Instant: m^"' ^"^'

Resolved, That when any Town has compleated the full Quota Resolves,
of the seventh Part, likewise their Quota required by the Resolve chap. tW^^'
of the 9th of this Instant, and also their Proportion of Men re- 4„<e, p. 3S,
quired to serve at Rhode-Island, and the Selectmen certify the chap. 75.
same, then the Inhabitants of such Town as have compleated

116

Resolves, etc. — 1779-80. [Chaps. 225-227.]

their Quota as aforesaid shall have Liberty to engage for any other
Town who have not compleated their Quota, and shall be held as
such Town's Soldiers for the Term of nine Months, any Resolve
of this Court to the contrary notwithstanding. [Passed June 29.

CHAPTER 225.

RESOLVE GRANTING £48. 9s. TO JAMES LOCKE FOR COST AND
CHARGE OF HIS SON JOHN LOCKE WOUNDED AND SICK IN 1778.

Legislative
Records of the
Council,
xxxix., 424.
Mass.
Resolves,
May Session,
chap. 215.

On the Petition of James Locke, praying for Allowance and
Payment for Cost and Charge he was at by Reason of his Son
[John]'^ being wounded, who was a Soldier in Col. [Thomas]^
Poor's Regiment in the Year 1778, and also for Cost and Charge
he was at for fetching his said Son Home from West Point when
sick, and other intervening charges:

Resolved, That the Prayer of the Petition be so far granted that
there be allowed and paid out of the public Treasury of this State
the Sura of Forty-eight Pounds, nine Shillings to James Locke,
in full for said Cost and Charge. [Passed June 29.

CHAPTER 226

RESOLVE MAKING THE SAME ESTABLISHMENT FOR THE GUARDS
AT SPRINGFIELD AS FOR RUTLAND.

Legislative
Records of the
Council,
xxxix., 424.
Mass.
Archives,
ccxxiii., 380.
Mass.
Resolves,
May Session,
chap. 221.

Mass.

Archives,

clxxv., 341.

Ante, p. 26,

chap. 50;

p. 68, chap. 129.

Whereas the General Court, by the Resolve of the 18th of June
current have made an addition to the Pay of the Guards doing
Duty at Rutland, and as it is necessary that the Guards at Spring-
field detached by Order of the Council of the 5th of June Instant,
to do duty there for three Months, unless sooner discharged,
should have equal Pay with the aforesaid Guards: Therefore

Resolved, That the Company of Guards doing Duty at Spring-
field as aforesaid, shall receive for each Callendar Month, the same
Sum, in addition to the Continental Pay, as is given to the Guards
at Rutland by the said Resolve of the 18th of June current, and
the Captain of said Company is hereby directed to make up his
Roll accordingly. [Passed June 29.

CHAPTER 227

Legislative
Records of the
Council,
xxxix., 425.
Mass.
Archives,
ccxxiii., 378.
Mass.
Resolves,
May Session,
chap. 214.

RESOLVE GRANTING £800 TO THE HON. GEORGE PARTRIDGE, ESQ.,
DELEGATE TO THE CONTINENTAL CONGRESS AS PART OF A RE-
WARD FOR HIS SERVICES.

Resolved, That there be advanced and paid out of the public
Treasury of this State to the Hon. George Partridge, Esq., ap-
pointed one of the Delegates to represent this State in Congress,
the sum of Eight Hundred Pounds, he to be accountable for said
Sum as part of a Reward for his Services as a Delegate of this
State. [Passed June 29.

1 Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 907.
a Ibid., xii., 562.

[1st Sess.] Resolves, etc, — 1779-80. 117

CHAPTER 228.

RESOLVE REQUESTING THE HON. FRANCIS DANA, ESQ., DELE-
GATE, TO PROCEED TO CONGRESS AS SOON AS MAY BE ON AC-
COUNT OF THE ILLNESS OF THE HON. JOHN HANCOCK, ESQ.

Whereas it is of great Importance that this State should be Legislative
fully represented in Congress at this critical Juncture, and whereas councif,"
on Account of the ill state of Health of the Hon. John Hancock, ™- 425.
Esq., it is not probable that he will be able to proceed there soon: Archives,

mi p ccxxiii., 377.

iheretore Mass.

Resolved, That the Hon. Francis Dana,i Esq., one of the Dele- ^^'/^l^^'io^^
gates of this State, be requested to proceed to Congress as soon as chap. 220.
may be. [Passed Jimc 20.

CHAPTER 229.

RESOLVE APPOINTING COL. DAWES, MR. WALLEY, AND MR. AUSTIN
A COMMITTEE TO REMOVE THE GUARD HOUSE FROM NEAR THE
POWDER MAGAZINE IN BOSTON AND TO REPAIR BOTH.

Resolved, That Col. [Thomas] Dawes, Mr. [Thomas] Walley, Legislative
and Mr. [Siamuel]- Austin be a Committee to cause to be removed cou°'(!|f °^ *^®
at a proper Distance from the Powder Magazine in the Town of xxxix., 426.
Boston the Guard-House which is near the same, and also to make Archives,
such Repairs in the Magazine and Guard-House as they judge jj™" • ^'^^•
necessary, and to procure some Plank for the Use of said Maga- Resolves,
zine, if the Safety thereof requires it. [Passed June 29. chap.'2^2T°°'

CHAPTER 230.

RESOLVE EMPOWERING SELECTMEN AND COMMITTEES OF COR-
RESPONDENCE IN EVERY TOWN, WHOSE CENTER IS MORE THAN
10 MILES FROM BOSTON, TO APPOINT RECEIVERS OF LOANS, AND
APPOINTING RICHARD CRANCH, THOMAS DAWES AND CALEB
DAVIS, ESQUIRES, A COMMITTEE TO PRINT AND DISTRIBUTE
COPIES OF THIS RESOLVE AND BLANKS FOR RECEIPTS.

Whereas it is of great Importance to remove every Obstacle Legislative
to the good People of this State lending their Money for the public coundf, °^ ^^^
Service: Mass" *'^^'

Resolved, That in every Town in this State, whose Center is Archives,
more than ten Miles distant from the Town of Boston, and to Mass" '
whom this Resolve shall be sent bv the Committee hereafter ap- Resolves,

i(>i-r> 1 1*^ -iiini "^^y Session,

pointed tor that Purpose, there be appointed by the heiectmen chap. 217.
and Committee of Correspondence a Receiver of Loans, whose
Business it shall be to receive such Monies as shall be brought to
him to be put into the public Treasury of this State, or the Con-
tinental Loan-Office, by any Inhabitant of the same Town and no
other. He shall keep each Man's Parcel of Money by itself, with
a fair List of the same, and a Minute thereon of the Lender's
Name, and the Day when received. The said Receiver may take
for the Treasury of this State any Sum not less than Fifteen
Pounds, and for the Continental Loan-Office any Sum not less
than Sixty Pounds. He shall give his Receipt for every Sum which
he shall receive for the abovementioned Purpose, and shall cause

1 Council, note.

2 Suffolk.

118

Resolves, etc. — 1779-80. [Chaps. 231, 232.]

Legislative
Records of the
Council,
xxxix., 427.
Mass.
Archives,
ccxxiii., 411.
Mass.
Resolves,
May Session,
chap. 229.

Ante, p. 101,
chap. 193.

the Money so received to be conveyed to the Treasury of this
State, and the Continental Loan-Office, according to the Choice
of the Lenders respectively, and shall from the said Treasury or
Loan-Office receive a Note or Certificate for each Sum to the
Lender thereof, which he shall deliver to the said Lenders re-
spectively upon their Application therefore, and shall thereupon
take up the Receipts which he gave for such Monies. And no
Person may be appointed a Receiver of Loans, except of approved
Integrity, and firmly attached to the Rights of America, as well
as of good Property; and that Richard Cranch, Thomas Dawes,
and Caleb Davis, Esquires, are appointed a Committee who are
required to procure to be printed Copies of this Resolve and proper
Blanks for the Receipts aboveraentioned, and conveyed to the
Selectmen of such Towns in this State as they shall think proper,
for the Use of said Receivers. [Passed June 30.^

CHAPTER 231.

RESOLVE CONTINUING THE EMBARGO OF THE 25th INSTANT ON
OUTWARD BOUND VESSELS FOR 40 DAYS LONGER, ALLOWING
THE PROVISIONS OF THE 26th.

Whereas a Resolve passed the 24[25]^th Instant, laying an
Embargo on all outward bound Vessels for the Term of Twenty
Days, and as the Exigency of the Times makes it necessary that
said Embargo be continued for a longer Terra than Twenty Days:

Resolved, That the Embargo aforesaid be continued for the
Term of Forty Days from the Date hereof, agreeable to the afore-
said Resolve of the 24[25]th Instant, allowing the same Provision, as
was made by the Resolve of the 26th Instant. [Passed June 30.

CHAPTER 232

RESOLVE DIRECTING CAPT. JONATHAN RICE TO RETURN TO THE
STATE TREASURER £19 BOUNTY, WHICH HE REPORTED, BEING
MADE UP ON CAPT. JOSEPH FULLER'S PAY ROLL IN 1777.

Legislative
Records of the
Council,
xxxix., 427.
Mas.s.
Archives,
ccxxiii., 410.
Mass.
Resolves,
May Session,
chap. 227.

Province
Laws, XX., 88,
chap. 222.

On a Representation made by Capt. Jonathan Rice to this
Court, setting forth that he the said Rice has in Trust the Sum of
Nineteen Pounds belonging to this State: Therefore

Resolved, That the said Jonathan Rice pay to Henry Gardner,
Esq., Treasurer for this State, the Sum X)f Nineteen Pounds, said
Sum being in full for this State's Bounty for two Men belonging
to said Jonathan Rice's Company, who marched agreeable to a
Resolve of the General Court of this State of August 9th, 1777,
to reinforce the Northern Army commanded by General [Horatio]'*
Gates, said two Men, viz. Joshua Eaton and Edward French,
having been made up on Capt. Joseph Fuller's Pay Roll for their
State's Bounty, and that the said Jonathan Rice take duplicate
Receipts for the same, one of which he is to lodge in the Secre-
tary's Office. [Passed June 30.

' This date is June 29 according to Legislative Records of the Council and Mas-
sachusetts Resolves.

2 Passed the 25th though Massachusetts ,\rchives, ccxxiii., 411, reads 24th.

s Heitman's Historical Register of the Officers of the Continental Army, p. 244.

[1st Sess.] Resolves, etc. — 1779-80. 119

CHAPTER 233.

RESOLVE APPOINTING COMMITTEES IN BOSTON, SALEM AND
MARBLEHEAD FOR MANNING THE SHIPS AND ARMED VESSELS
FOR THE EASTERN EXPEDITION, AND GRANTING THEM £20,000.

Resolved, That the Hon, Walter Spooner, Esq., Caleb Davis, Legislative
Esq., Mr. Thomas Walley, Capt. Job Prince, Maj. Samuel White §^^°^jjf "^ ^^''^
and Capt. Daniel Martin be a Committee, who are impowered xxxix., 428.
and directed to take immediate and eflfectual Steps for the man- Archives,
ning of the Ships and armed Vessels in the Harbour of Boston, ^J^g'"- ^^^•
now fitting for the Expedition to the Eastward. Resolves,

That Capt. George Williams and Capt. Jonathan Peal be a Com- S.%1'°"'
mittee for the same Purpose, with respect to the Ships and armed AMe~^~iU,
Vessels in the Harbour of Salem, destined on said Expedition. chap. 221.

That Col. [Azor]i Orne and Col. [William R.]^ Lee be a Commit-
tee to perform the same Service with respect to the Ships and armed
Vessels in the Harbour of Marblehead, destined on said Expedition.

Knd the Council are hereby requested to grant their Warrants
upon the Treasurer in favour of the said Committees, for a sum
not exceeding Twenty Thousand Pounds, to enable said Com-
mittees to carry the above Resolve into execution: The said Com-
mittee to be accountable for the Expenditure of the Sums they
shall receive. [Passed June 30.

CHAPTER 234.

RESOLVE DIRECTING THE TREASURER TO RETAIN IN HIS OFFICE
$300,000 FOR PAYMENT OF PUBLIC DEBTS, BEING PART OF THE
MONEY LATELY RECEIVED FROM CONGRESS.

Whereab by a Resolve of the 23d Instant the Treasurer of this Legislative
State was directed to pay into the Continental Loan-Office the Councif,"^ ^^^
Sum of Five Hundred Thousand Dollars, Part of the Eight Hun- If^^' ^'23-
dred Thousand Dollars lately received from Congress; and whereas Archives,
the Exigencies of Government require that Part of said Five mS"'
Hundred Thousand Dollars should be retained in the Treasury ^«»°'^«S'.

P 1 . ri mi n -^^^^ isession,

01 this State : 1 hereiore chap. 228.

Resolved, That the Treasurer aforesaid be and he hereby is ^»'«. p- 69,
directed to retain in his Office the Sum of Three Hundred Thou- chap! ill' ^' ^ '
sand Dollars for the paj'ment of such Warrants as may be drawn
on said Treasurer to discharge the public Debts. [Passed June 30.

CHAPTER 235.

RESOLVE GRANTING £15,000 TO CAPT. JONATHAN PARSONS FOR THE
USE OF THE OWNERS OF ARMED SHIPS FITTING OUT AT NEW-
BURYPORT FOR THE PENOBSCOT EXPEDITION.

Resolved, That there be paid out of the public Treasury the Sum Legislative
of Fifteen Thousand Pounds to Capt Jonathan Parsons, for the coundf,°^ *''°
Use of the Owners of the armed Ships fitting out at Newbury-Port ^xxix., 420.
for the Expedition to Penobscot, they to be accountable for the ArXves.
same; said Parsons to give his Receipt to the Treasurer for the m^'^""*'
same Sum on their Account. [Passed June 30. Resolves,

May Session,
> CouncU. <^hap. 231.

2 Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 644.

120

Resolves, etc. — 1779-80. [Chaps. 236, 237.]

CHAPTER 236

Legislative
Records of the
Council,
xxxix., 431.
Mass.
Archives,
ccxxiii., 412,
413. Mass.
Resolves,
May Session,
chap. 234.

Mass.
Archives,
ccxxiii., 414.
Province
Laws, XX., 338,
chap. 897.

RESOLVES DIRECTING THE SELECTMEN OF THOMASTON TO DE-
LIVER SHIRTS, SHOES AND STOCKINGS TO DUMMER SEWALL,
AGENT FOR THE COUNTY OF LINCOLN, TO BE SENT TO THE BOARD
OF WAR, AND TO LODGE THE RECEIPT IN THE SECRETARY'S
OFFICE ON OR BEFORE OCTOBER Ist.

On the Petition of the Selectmen of the Town of Thomaston,
in the County of Lincoln, setting forth therein that they had
procured a Number of Shirts, Shoes and Stockings, agreeable to a
Resolve of the General Court of the 13th day of April, [March] ^
1778, but have not been delivered to the Agent for the County
of Lincoln, for the Reasons set forth in the Petition:

Resolved, That the Selectmen of the Town of Thomaston be and
they are hereby directed to deliver the aforesaid Shirts, Shoes, and
Stockings to Dummer Sewall, Esq., Agent for the County of Lin-
coln, who was appointed to receive the Donation-Cloathing in
that County for the Soldiers, who is directed to give said Select-
men a Receipt for the same, which Cloathing is by the said Agent
to be sent to the Board of War immediately upon his Receipt
thereof, and take duplicate Receipts therefore, one of which to be
lodged in the Secretary's Office. And it is further

Resolved, That if the Selectmen of Thomaston aforesaid, shall
on or before the 1st Day of October next, lodge in the Secre-
tary's Office a Receipt from the said Agent, for a Number of
Shirts, Pairs of Shoes and Stockings, equal to one seventh Part of
their Male Inhabitants, agreeable to the aforesaid Resolve, that
then and in that Case the said Town shall not incur any For-
feiture or Penalty for not delivering them sooner; Any Clause
in the aforesaid Resolve, or in any other, to the contrary notwith-
standing. [Passed June 30.

Legislative
Records of the
Council,
xxxix., 432.'

Mass.
Archives,
ccxxiii., 407.
Mass.
Resolves,
May Session,
chap. 233.

Legislative
Records of the
Council,
xxxix., 318.
Ante, p. 53,
chap. 99.

CHAPTER 237.

RESOLVE ALLOWING COLLECTORS OF TAXES AN ADDITIONAL %
PER CENT. ON ALL MONEYS THEY SHALL BRING INTO THE
STATE TREASURY UPON THE TAX ISSUED IN THE PRESENT SIT-
TING BEFORE SEPTEMBER 10, PROVIDED THEY SHALL HAVE
COMPLETED ALL OTHER STATE TAXES.

Whereas the Honorable the Congress of the United States,
in their late most seasonable and important Address, have recom-
mended in the strongest Manner, the paying as much as can be
collected (of the Tax of Forty-five Millions of Dollars) as soon as
possible into the Continental Treasury, and from the good Disposi-
tion that has taken Place, high Expectations are entertained of
the Exertions that will be made to comply with this Recom-
mendation:

Resolved, That for the encouragement of Collectors to spare
no Pains on their part, there shall be allowed to each Collector,
in addition to any Recompcnce he shall receive from the Town to
which he belongs, one Half per Cent, on all Money he shall bring
into the Treasury of this State, upon the Tax issued in the present
Sitting of the General Assembly, before the 10th day of Septem-
ber next, provided such Collector shall have first compleated the
Payment of all other State Taxes committed to him to collect.

1 Ma.ssachusetts Archives, ccxxiii., 413, reads "April" though Resolve was
passed in March and petition so states.

[1st Sess.] Resolves, etc. — 1779-80. 121

And those who bring the largest Proportion of the said Tax

soonest, will be considered as meriting most of their Country,
[Passed June SO.

CHAPTER 238

RESOLVE REQUESTING THE PRESIDENT OF THE COUNCIL TO IN- Mass

FORM JAMES McCOBB, ESQ., CHAIRMAN OF THE CONVENTION Archives,

AT WISCASSET, AS TO THE PENOBSCOT EXPEDITION. "J''''' ^ = no

clxxxv., 233.

In the House of Representatives Archives,

Resolved, That the President of the Honorable Council be and ^^^'^g"^- ^o'"^^^'

he hereby is Requested to write to James McCobb, Esq., and chap! i75; p. 93,
inform him of the measures this Court have taken to dislodge the p. joi, chip.

enemy from Penobscot. ^9^-
In Council
Read and Concurred. [Passed June 30.

Sir

Previous to the Receipt of your letter of the 24th Instant as
Chairman of the Convention, the General Court had issued orders
for detaching Fifteen Hundred men from the Militia of this State
and One Hundred men from the Train of Artillery and also di-
rected such a number of Vessels of force to be sent to Penobscot
for the purpose of dislodging the Enemy there as is hoped will be
sufficient to effect that same. Orders are also given for forward-
ing provisions, ammunition and Five Hundred fire-arms for the use
of such men as shall be employed in said Expedition.

We have also requested the aid of the State of New-Hampshire
to co-operate with us in the Enterprise aforesaid

In the name and behalf of the General Court

I am your Humble Servant

James McCobb, Esq.

CHAPTER 239.

RESOLVE REQUESTING THE PRESIDENT OF THE COUNCIL TO IN-
FORM THE REV. JOHN MURRAY OF GEORGETOWN AS TO THE
PENOBSCOT EXPEDITION.

In the House of Representatives Mass.

Resolved, That the President of the Honorable Council be and cixxx\\?^235a.
he hereby is requested to write to the Rev. Mr. Murray and inform
him^ of the measures this Court have taken to dislodge the
enemy from Penobscot.
In Council
Read and Concurred. [Passed June 30.

1 The letter ia not in Massachusetts Archives.

122

Resolves, etc. — 1779-80. [Chaps. 240, 241.)

CHAPTER 240

Mass.
Resolves,
May Session,
chap. 230.

ORDER LIBERATING STEPHEN THAYER FROM CONCORD GAOL UPON
SUFFICIENT BONDS AND NOTICE TO THE ADVERSE PARTY.

Ordered, That Stephen Thayer be and he hereby is directed to
serve the adverse Party with an attested Copy of said Petition/
and this Order thereon, to shew Cause (if any they have) on the
2nd Wednesday of the next Sitting of the General Court why the
Prayer of said Petition should not be granted; and the Sheriff
of the County of Middlesex is hereby ordered to liberate the said
Thayer [from Concord Gaoll^ taking sufficient Bonds that he ap-
pear on the 2nd Wednesday of the next Sitting of the General
Court, and abide their further Order. [Passed June 30.

CHAPTER 241.

RESOLVES VESTING THE COUNCIL WITH CERTAIN POWERS DURING

THE RECESS.

Legislative
Records of the
Council,
xxxix., 433.
Mass.
Archives,
ccxxiii., 404.
Mass.
Resolves,
May Session,
chap. 235.

Ante, p. 101,
chap. 193;
p. 118, chap.
231.

Whereas it may be of great public Utility that until the Sitting ^
of the next General Court, certain Powers should be lodged in
Council other than those the}^ are usually vested with:

Resolved, That the Honorable Council, until the next Sitting
of the General Court, be and they are hereby fully authorized
and impowered to nominate and appoint, as occasion may require,
such Commission Officers in any of the Land Forces, armed Vessels
or Vessels of War in the Service and Pay of this State, and also
in the Militia, whose Places by Death or otherwise, are or may in
the Recess of the Court become vacant, as to them shall appear
fit and necessary, and put them under the Command of such
Officer or Officers as they shall judge proper.

Resolved, That the Council be and they are hereby also author-
ized and impowered to treat and conclude Treaties of Amity and
Friendship with any Indians that may arrive in this State, and
make such Provision for them as they may judge proper.

Resolved, That the* major Part of the Council shall have full
Power and Authorfty to examine, allow and pass upon the Pay-
Roils of the Sea-Coast Men, and their Commissaries Accounts,
and also the Pay-Rolls of the Militia who may have been in the
Service, any Act or Resolve to the contrary notwithstanding.
And it is further

Resolved, That the Honorable Council be and they are hereby
authorized and impowered to detach from the Militia of this
State, under the proper Officers of the said Militia, in such Man-
ner as they may think best, any Number, not exceeding Two
Thousand, to do Duty out of this State, but upon this Continent,
in such Places as the Commander in Chief of the American Array
shall direct, if the said Commander shall request the same, to
continue in Service for the Term of four Months, unless sooner
dismissed by the Commander in Chief of the Department where
the said Militia may be doing Duty, or may be recalled by Order
of the Council or General Court of said State.

Resolved, That the Honorable Council be and they are hereby
impowered to convene the Great and General Court or Assembly

* The petition is not in Massachusetts Archives.
' Mas.sachusetts Resolves, May Session, chap. 230.
8 Prorogued to Sept. 8, ante, 103, chap. 197.

[1st Sess.] Resolves, etc. — 1779-80. 123

at an earlier Day than that to which it shall next be adjourned
or prorogued, if they shall judge the public Service to require it.

Resolved, That the Honoral)le Council be and they are hereby
impowered to take off the Embargo laid on the Shipping of this
State at an earlier Time than that limited agreeable to a Resolve
of the 24 [25] ^th Instant, and the additional Resolve of the 30th
Instant, if the public Good should require it. And it is further

Resolved, That in Case the Vessels designed for the Expedition
to Penobscot cannot be seasonably manned in the usual way, the
Honorable Council be and they are hereby impowered to issue
Press Warrants to such Officers as they shall judge proper for the
purpose of procuring Men for said Vessels, for a Terra of Time not
exceeding three Months: And the Council are also further im-
powered to discharge any or all the Vessels intended for said
Expedition, in case it should appear from any Circumstances which
we are not at present informed of, that it would be unfit or un-
necessary that they should proceed. And it is further

Resolved, That the Honorable Council be and they are hereby
impowered and requested, during the next Recess of the General
Court to afford all the Assistance to Monsieur [Joseph De]^ Valnais,
Consul of France, now residing in this State, in apprehending and
securing French Seamen or Soldiers, Subjects of his Most Chris-
tian Majesty, as can be done consistent with the Constitution and
Safety of this State. [Passed June 30.

1 Resolve was passed the 25th though Massachusetts Archives, ccxxiii., 404, reads
"24th."

* Province Laws, v., 1482.

124

Resolves, etc. — 1779-80. [Chaps. 242, 243.]

I,egislative
Records of the
Council,
xxxix., 446.
Mass.
Archives,
ccxxiii., 427.
Mass.
Resolves,
Sept. Session,
chap. 1.

Ante, p. 9,
chap. 6.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Eighth Day of September, A.D. 1779.

CHAPTER 242.

resolve granting £20,000 to the committee on passing

accounts.

Whereas it has been represented to this Court that the Money
appropriated at the last Session of the General Court to pay such
Accounts as might be allowed by the Committee on Accounts is
expended; and as it is necessary that a further Sum be appro-
priated for that Purpose: Therefore

Resolved, That the Honorable Council be and they hereby are
authorized to issue their Warrants from Time to Time on the
Treasurer of this State, in favour of the Committee appointed by
Council to concur in passing Accounts, for such Sums as they (the
Council) shall judge necessary for the Payment of such Accounts,
provided the Amount of such Warrants shall not exceed the Sum
of Twenty Thousand Pounds. Said Committee to be accountable
for the Expenditure of the Money that they shall receive. [Passed
September 8.

CHAPTER 243

Legislative
Records of the
Council,
xxxix., 449.
Mass.
Archives,
ccxxiii., 437.
Mass.
Resolves,
Sept. Session,
chap. 2.

Ante, p. 103,
chap. 198.

resolve directing the committee of fortifications to

view the building on castle island belonging to FRAN-
CIS GRAY, SUTLER, AND REPORT UPON THE NECESSITY OF ITS
PURCHASE BY THE STATE, THE RESOLVE OF JUNE 25th NOT-
WITHSTANDING.

Whereas by a Resolve of the 25th of June last, a Committee of
both Houses was appointed to repair to Castle-Island, to view a
Building belonging to Francis Gray, [Sutler,]^ and consult with
Col. [Paul]^ Revere and Mr. Gray, and value said Building, and
examine if it will be for the Benefit of this State to purchase it,
which Business may be more conveniently executed by the Com-
mittee of Fortification: Therefore

Resolved, That they be and hereby are directed to view the
aforesaid Building, and report to this Court whether it will be for
the Benefit of this State to purchase it, the Resolve of the 25th
of June last notwithstanding. [Passed September 9.

1 Massachusetts Archives, ccxxiii., 342, 343.

2 Massachusetts Soldiers and Sailors of the Revolutionary War, xiii., 121.

[2d Sess.] Resolves, etc. — 1779-80. 125

CHAPTER 244.

RESOLVE APPOINTING A COMMITTEE TO INVESTIGATE THE CAUSES
OF THE FAILURE OF THE PENOBSCOT EXPEDITION.

Whereas the Failure of the Expedition to Penobscot hath oc- Legislative
casioned great and universal Uneasiness, and it is become necessary councif °^ ^^^
that Enquiry should be made immediately into the Causes thereof: xxxix, 4t9.

Resolved, That Brig. Gen. Jonathan Titcomb, the Hon. James Archives,
Prescott, Esq., the Hon. Maj. Gen. Michael Farley, Col. Moses ^J^^^^"- '^3^-
Little and Maj. Samuel Osgood, with such as shall be joined by Resolves,
the Honorable Board, be a Committee to investigate the Causes of chTp. 4!^^^'°°'
the said Miscarriage, and particularly to examine into the Conduct Mass.

of the Commanders by Land and Sea employed in said Expedition, Archives
as well as of the other Officers and Persons immediately concerned Ante, p. 93,
therein; and also into the Conduct of Officers directed to furnish p.Tn.'diap.
Men from the Militia, or Supplies for said Expedition; and Wil- -Li-
lian! Sever, Artemas Ward, Francis Dana and Timothy Danielson,
Esquires, are joined on the Part of the Board for the Purpose
abovementioned. And that said Committee be and hereby are
authorized to send for and examine any Persons or Papers which
they may think necessary for the Purposes aforesaid. [Passed
September 9.

CHAPTER 245.

RESOLVES FOR ADJOURNING THE SESSIONS OF THE SUPERIOR
COURT TO BE HELD IN THE SEVERAL COUNTIES SO THAT THE
JUDGES MAY SERVE ON A RECESS COMMITTEE OF THE CONSTI-
TUTIONAL CONVENTION.

Whereas the Justices of the Superior Court of Judicature, Legislative
Court of Assize, and General Gaol Delivery, and others concerned Coundf," ^
in the Business of the same Court, are Members of the Convention ^^g ' ^^''"
called for the very important Purpose of framing a Constitution or Archives,
P^orm of Government for this State, and some of them were elected MaS"" *^^'
and appointed by said Convention at their late Session upon the se^p^'se^ggion
Committee for preparing such Form of Government; which Com- chap. 3.
mittee is enjoined to sit upon that Business on Monday next, and
to compleat their Work during the Recess of the said Convention,
which stands adjourned to the Twenty-eighth Day of October
next; and as the Sitting of said Court at the Times by Law estab-
lished will prevent the said Justices and others giving their At-
tendance to the more important Business of said Committee and
Convention: Be it therefore

Resolved, That the Superior Court of Judicature, &c. by Law to
be held at Worcester, in and for the County of Worcester, on the
3rd Tuesday of September Instant, be and hereby is adjourned to
the 1st Tuesday of October next, then to be holclen at Worcester
aforesaid in and for the said County of Worcester: And that
the said Superior Court of Judicature, &c. by Law to be held at
Springfield, in and for the County of Hampshire, on the 4th
Tuesday of September Instant, be and hereby is adjourned to the
last Tuesday of April next, then to be holden at Northampton, in
and for said County of Hampshire: And that the said Superior
Court of Judicature, &c. by Law to be held at Cambridge, in and
for the County of Middlesex, on the last Tuesday of October next,
be and hereby is adjourned to the 4th Tuesday of November
next, then to be holden at Cambridge aforesaid, in and for said

120

Resolves, etc. — 1779-80.

[Chap. 24G.]

County of INIIddlesex: And tliat the said Superior Court of Judica-
ture, &c. by Law to be held at Salem, in and for the County of
Essex, on the 1st Tuesday of November next, be and hereby is
adjourned to the 3rd Tuesday of the same Month, then to be
held at said Salem, in and for the said County of Essex. And be it
further

Resolved, That all Writs, Processes and Recognizances, return-
able to, and all Appeals made, or which shall be made to the said
Superior Court of Judicature, &c. by Law already appointed to be
held at the several Times and Places aforementioned, and all
Matters, Causes and Things that have Day, or that might have
been had, moved, or done at, in or by the said Superior Court of
Judicature, &c. at the several Times and Places already by Law
appointed for holding the same, shall be returnable into, and have
Day, be had, moved, done, acted upon and adjudged, in like
Manner as if the said Superior Court of Judicature, &c. by Law
already appointed to be held at the several Times and Places
aforementioned had not been adjourned. And be it further

llcsoJvcd, That the said Superior Court of Judicature, &c. now
sitting in Boston, in and for the County of Suffolk, shall be ad-
journed this Week by the Justices thereof, to some distant Day,
subsequent to the Day hereby appointed for holding the said
Court at Cambridge, in and for the County of Middlesex.

And as certain Maritime Causes are pending in the same Court,
which may not be determined before the Adjournment thereof by
the said Justices as aforesaid: It is further

Resolved, That the said Justices may continue and appoint such
INIaritime Causes to be heard and tried at the Superior Court of
Judicature, &c. which shall next be held within the Middle District
of this State, in virtue of the foregoing Resolutions, the Adjourn-
ment of the said Court now fitting in Boston aforesaid notwith-
standing. And all Jurors, and others concerned, are to take notice
hereof and govern themselves accordingly. [Passed September 9.

CHAPTER 246.

Legislative
Records of the
Council,
xxxix,, 453.
Mass.
Archives,
ccxxiii., 428.
Mass.
Resolves.
Sept. Session,
chap. 5.

Mass.
Archives,
ccxxiii., 430, 431.

HESOLVE EMPOWERING THE SALE OF LAND OF JOHN MURRAY,
ABSENTEE, IN WORCESTER COUNTY, TO ISAAC STONE.

On the Petition of Isaac Stone, praying that some Person
may be appointed and impowered to give and execute a good and
lawful Deed or Deeds of so much of the unimproved Lands of
John Murray, Esq., late of Rutland, in the County of Worcester,
an Absentee, that lies within the Counties of Worcester, Hamp-
shire or Berkshire, as was worth Sixty Pounds three Shillings and
nine Pence ready Money on the 29th Day of August, 1765, for
Reasons set forth in said Petition:

Resolved, That Col. Daniel Clap be and hereby is appointed and
impowered to give and execute a good and lawful Deed or Deeds
of so much of the unimproved Land of the said John Murray,
that lies within the County of Worcester, as was worth Sixty
Pounds three Shillings and nine Pence ready Money on the said
29th Day of August, 1705, and that Peter Davis of Rutland and
Amos Haywood of Holden be and hereby are appointed and im-
powered to appri/.e and set otf the same, in full discharge of the
said Murray's Obligation to said Stone, bearing Date August 29th,
1705, as aforesaid. [Passed September 9.

[2d Sess.] Resolves, etc. — 1779-80. 127

CHAPTER 247.

ORDER APPOINTING A COMMITTEE TO ASCERTAIN THE ABILITY OF
THE TOWN OF PLYMOUTH TO PAY THE LAST TAX ASSESSED.

In the House of Representatives
On the Petition of James Warren, Agent for the Town of Sdsof the
Plvniouth, setting forth that the Inhabitants of said Town bv their Council

^^ XXX IX 455

Losses and Otherways, are rendered unable to pay the Tax as Mass.'
assessed on them by the last Valuation, and praying that a Com- ^exlliiL 442.
mittee may be appointed to repair to Plymouth and ascertain the j^^

true State of the same. Read and thereupon Archives,

Ordered, That Col. [Israel]^ Hutchinson and Mr. [Richard]" 277;''ccxxiii!,

Cranch with such as the Honorable Board shall join be a Com- '**'• **^-

mittee to repair to Plymouth for the purpose mentioned in said

Petition

In Council
Read and Concurred and Aaron Wood, Esq., is joyned to the

Committee of the Honorable House. [Passed September 10.

CHAPTER 248.

RESOLVE GRANTING £10,000 TO THE BOARD OF WAR TO PROCURE Legislative
CLOTHING FOR THE 12th MASSACHUSETTS REGIMENT AND LINEN Records of the
FOR THREE OTHER REGIMENTS. xxxix.i 456.

Mass.

On the Petition of John Wlngate, Surgeon to the 12th Massa- cc^j^xiiL^o.
chusetts Regiment, praying that the Board of War should be Resolves,
directed to furnish him with the Cloathing promised said Regi- s«pt. Session,
ment by a Resolve of the General Assembly passed June 17, 1778:

Resolved, That there be paid out of the public Treasury of this Archives,
State to the Board of War the Sum of Ten Thousand Pounds, to |>'fo'';|j,' j*''-
enable them to procure said Cloathing; and also to procure Linen Laws, xx., 451,
for three other Regiments that have not received them. [Passed '^ ^'^'
September 10.

CHAPTER 249.

RESOLVE INSTRUCTING THE COMMITTEE FOR PREVENTING THE
EXPORTATION OF SALT AND WEST INDIA PRODUCE TO CONSIDER
THE RESOLVES OF THE CONCORD CONVENTION FOR APPRECIAT-
ING CURRENCY AND LOWERING PRICES.

Resolved, That the Committee who were appointed by the two Legislative
Houses to devise Ways and Means for preventing the Exportation Councif, °
of Salt and West-India Produce [Rum, Molasses, etc.] from this l^^lf' *^^-
State to the other United States, be instructed to consider what Archives,
Measures are necessary to be taken to carry the Resolves of the Ma^""
Convention held at Concord on the 14th Day of July last, for fept^ session,
the Purpose of appreciating the Currency of the United States chap. 10.
and lowering the Prices of the Articles of Consumption, into full
Execution within this State. [Passed September 10.

1 Of Danvers.
^ Of Braintree.

128

Resolves, etc. — 1779-80. [Chaps. 250-252. J

CHAPTER 250.

RESOLVE DIRECTING THE COMMITTEE OF FORTIFICATIONS TO
CONSIDER THE NECESSITY OF RAISING A FURTHER NUMBER OF
MEN TO GARRISON THE FORTRESSES IN AND ABOUT BOSTON
HARBOR.

Legislative
Records of the
Council,
xxxix., 468.
Mass.
Archives,
ccxxiii., 438.

Resolved, That the Committee of Fortifications be and hereby
are directed to consider and report whether it will be necessary to
raise any further number of Men to Garrison the Fortresses in
and about the Harbour of Boston. [Passed September 10.^

CHAPTER 251.

RESOLVE FOR COMPLETING THE DETACHMENTS ORDERED TO
RHODE ISLAND AND CALLING FOR A RETURN OF THE NAMES
AND RANK OF THE OFFICERS NOT COMMISSIONED.

Legislative
Records of the
Council,
xxxix., 457.
Mass.
Archives,
ccxxiii., 445.
Mass.
Resolves,
Sept. Session,
chap. 7.

Ante, p. 33,
chap. 66.

Whereas it appears by a Return, dated the 4th current, made
by Nathan Tyler, Esq., Colonel of the Regiment of Militia of this
State ordered by a Resolve of this Court of the Sth of June last
to serve in the State of Rhode Island, that the Detachments
ordered in the aforesaid Resolve are generally deficient, and in
some Instances very far from being compleated: Therefore

Resolved, That the Honorable Council be and they hereby are
desired to order the Brigadiers or Commanding-Officers of the
several Brigades from which said Detachments w^ere directed to be
made, that they cause them to be immediately compleated, and
that each of the aforesaid Brigadiers or Commanding-Officers
forthwith render to the Honorable Council the Reasons wherefore
the Detachment from his Brigade and a Return thereof within or
at the Time required by said Resolve were not made. That said
Brigadiers or Commanding-Officers immediately make a Return
of the Names and Rank of such Officers detached as above as
may not have received their Commissions. [Passed September 11.'^

CHAPTER 252

Legislative
Records of the
Council,
xxxix., 458.
Mass.
Archives,
ccxxiii., 454.
Mass.
Resolves,
Sept. Session,
chap. 8.

RESOLVE REQUESTING THE COUNCIL TO ORDER GEN. HANCOCK TO
MAKE A RETURN OF THE OFFICES IN THE MILITL\ THAT ARE
VACANT.

Resolved, That the major Part of the Honorable Council be and
they hereby are requested to give immediate Orders to Maj. Gen.
[John]^ Hancock to make a Return, as soon as possible, of all
Offices in the Militia of this State that are vacant. [Passed Sep-
tember 11.*

' This date is September 14 according to the Legislative Records of the Council.
Massachusetts Archives, ccxxiii., 438, is signed by six of Council only. Legislative
Records of the Council, xxxix, 468, reads "Consented to by Fifteen of the Council."
Not found in Massachusetts Resolves.

2 This date is September 11 according to Legislative Records of the Council
and Massachusetts Resolves.

3 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 205.

" This date is September 10 according to Legislative Records of the Council and
Massachusetts Resolves.

[2d Sess.] Resolves, etc. — 1779-80. 129

CHAPTER 253.

RESOLVE PERMITTING GILES MUSSON TO RETURN WITH SIX BER-
MUDIANS TO BERMUDA ON HIS PAROLE THAT HE WILL RETURN
AN EQUAL NUMBER OF AMERICANS OF EQUAL RANK, PRISONERS
OF WAR IN SAID ISLAND.

The Committee of both Houses on the Petition of Giles Mus- Legislative
son ask leave to Report the following Resolve CoS^clr^ *^^

JosiAH Stone per Order -J™" • ^s^-

•^ Mass.

Resolved, That Giles Musson^ be and he hereby is permitted to ^'"<=^?y«s.',,

1 Ti 1 cT> 1 •! • TIT T-> !• coxxm., 455.

return to the Island or Bermuda with six Men, Bermudians, on Mass.
condition that he the said Giles engage on his Parole to return an Se'pt. Session,
equal Number of Americans of equal Rank, Prisoners of War in "^"^p- ^-

said Island, and that he carry no other Person with him, nor ^^^^s.
any more Provisions than what is necessary for their Support on ccxxiii., 456.
said Voyage; and all armed Vessels and Privateers belonging
to this State are required, and 'tis likewise recommended to all
other armed Vessels belonging to the United States, or either of
them, not to hinder or molest the said Giles, or any of the Men
with him, on their Voyage to said Island.
In Council

Read and Accepted

In the House of Representatives

Read and Concurred. [Passed September 11.^

CHAPTER 254.

VOTE ACCEPTING THE PROGRESSIVE REPORT OF THE COMMITTEE
TO INVESTIGATE THE MISCARRIAGE OF THE PENOBSCOT EXPE-
DITION AND SETTING A HEARING ON THE 22d OF SEPTEMBER,
■ CURRENT.

The Committee appointed by a Resolve of the General As- Legislative
sembly of the 9th of September, current, to investigate the Causes co^n"*?f °^ ^^^
of the Miscarriage of the Expedition to Penobscot, and enquire xxxix., 460.
into the Conduct of the Commanders, &c. employed in said Expe- Archives,
dition, ask Leave to represent to the Honorable Council and House ^ff '"• *^''-
of Representatives the Expediency (in their Opinion) of an Appli- Resolves,
cation to the Navy-Board to postpone the Trial of Capt. [Dudley] ^ cS. ir'°"'
Saltonstall, late Commander of the Ship Warren, to a Day so j^^
distant as may give sufficient Time for the Commander in Chief Archives,
of the Land Forces and other Officers in said Expedition to attend Se^p. 125, "'"■
the said Trial. Your Committee are also of Opinion that it will °^^^^' "^*"
be necessary to enable them to execute the Commission with
which they have been honoured, that Brig. Gen. [Solomon]^ Lovell,
Brig. Gen. [Peleg]^ Wadsworth, Adj. Gen. [Jeremiah]"^ Hill, [jun.],
Col. [Jonathan] 7 Mitchell, Col. [Samuel] « McCobb, Brigade Maj,

1 Given as Masson in Legislative Records of the Council, xxxix., 458, Massa-
chusetts Archives, ccxxiii., 455, 456, and Massachusetts Resolves, September session,
chapter 8. It is also given as Husson in Massachusetts Archives, ccxxiii., 455, and
the signature in same, 456, may be Giles I Husson.

2 This date is September 10 according to Legislative Records of the Council
and Massachusetts Resolves.

' Massachusetts Archives, cxlv., 169-170rt; post, p. 132, chap. 261.

* Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 1010

=■ Ibid., xvi., 381.

« Ibid., vii., 880.

" Ibid., X., 850.

« Ibid., 441.

130

Resolves, etc. — 1779-80. [Chaps. 255, 256.]

[Gawen]! Brown, Brigade Maj. [William] ^ Todd, Maj. [William] ^
Lithgow, [jun.], Col. [Paul]^ Revere and Col. [.John Steel] ^ Tyler,
and all the Commanders of armed Vessels employed in the late
Expedition attend the said Committee. That your Committee,
considering how distant some of the Gentlemen before named
are from hence, are of Opinion that Tuesday the 22nd Day of
September current, is as early a Day as your Committee can
think proper to appoint for the said Enquiry,
which is Submitted

William Sever per Order.
In Council
Read and accepted

In the House of Representatives
Read and Concurred. [Passed Se-ptemher 11.

CHAPTER 255

Legislative
Records of the
Council,
xxxix., 461.
Mass.
Archives,
cexxiii., 457.
Mass.
Resolves,
Sept. Session,
chap. 1.3.

Mass.
Archives,
cexxiii., 458.
Province
Laws, XX., 441,
chap. 55.

RESOLVE GRANTING £70 BOUNTY TO THE TOWN OF FITCHBURG
AGREEABLE TO A RESOLVE OF JUNE 10. 1778.

On the Petition of the Selectmen of the Town of Fitchburgh,
setting forth that said Town has not been allowed the Bounty for
five Men marched to the State of Rhode-Island, agreeable to a
Resolve of the General Court of -lune 10, 1778:

Resolved, That the Town of Fitchburgh be allowed Seventy
Pounds for the Bounty for said five Men, to be deducted out of
their next State-Tax, they first lodging a Certificate in the Sec-
retary's Office agreeable to said Resolve. [Passed September 11.

CHAPTER 256

RESOLVE EMPOWERING LEMUEL WILLIAMS, COMMISSARY AT
DARTMOUTH, TO SUPPLY THE MILITIA WITH PROVISIONS WHEN
ON ACTUAL SERVICE IN SAID TOWN.

Legislative
Records of the
Council,
xxxix., 461.
Mass.
Archives,
cexxiii., 459.
Mass.
Resolves,
Sept. Session,
chap. 15.

On the Request of Maj. [Manasseh]^ Kempton and the Select-
men of the Town of Dartmouth, that some Person be appointed
to supply the Militia on Alarms:

Resolved, That Mr. Lemuel Williams, who is now a Commissary
for supplying the Troops stationed at the Fort in said Town, be
and he hereby is impowered to supply the Militia with Provisions
when on actual Service in said Town of Dartmouth. [Passed
September 11.

' Massachusetts Soldiers and Sailors of the Revolutionary War, ii., 623.

2 Ibid., XV., 818.

3 Ibid., ix., 865.

* Ibid., xiii., 121.
6 Ibid., xvi., 235.
6 Ibid., ix., 91.

[2d Sess.] Resolves, etc. — 1779-80. 131

CHAPTER 257.

RESOLVE REQUESTING THE COUNCIL TO PERMIT A FLAG OF TRUCE Legislative
TO PROCEED TO PENOBSCOT FOR THE FAMILIES OF JOSEPH PER- Councif
KINS AND OTHERS OF PENOBSCOT AND MAJORBAGADUCE. xxxix., 463.

Mass.

Archives,

Resolved, That the Honorable Council be requested to permit a cixxxv., 289.
Flag of Truce to proceed to Penobscot, to transport from thence iteoives,
to some Part of this State the Families of Joseph Perkins, Sparks ^j^p*- S|ssion,
Perkins, Charles Hutchins, Thomas Nutton, Eliiah Winslow, ~

' ' 'J 'Ma

Stover Perkins, Samuel Avery and Daniel Perkins, and others Archives,
the Inhabitants of Penobscot and Majorbagaduce, in similar dis- ^^^^^^-^ss
tressed Circumstances, who may be desirous of being removed.
[Passed September 11.

CHAPTER 258.

VOTE CHOOSING SAMUEL RUGGLES STATE CLOTHIER IN THE
ROOM OF WILLIAM LYMAN.

In the House of Representatives Legislative

Whereas Mr. William Lyman, who was appointed a State Councif,°
Clothier, has resigned, and his Resignation is accepted: Mass ' *^*'

The House proceeded to choose by Ballot a State Clothier, in Archives,
the Room of Mr. Lyman: And Mr. Samuel Ruggles was chosen a Ss" '
State Clothier in his Room. Sept'se%ion

In Council chap, le.

Read and Concurred. {Passed September 11.

CHAPTER 259.

ORDER CHOOSING EDWARD CUTTS, ESQ., ON THE COMMITTEE TO
REPAIR TO SANFORD AND COX HALL IN THE ROOM OF CHARLES
CHAUNCEY, ESQ., RESIGNED.

In Council
Ordered, That Edward Cutts, Esq., be of the Committee for the Mass.
Purpose mentioned in this Resolve in the Room of Charles Chaun- ccx%Kiii^ «o.
cey, Esq.. resigned _ A»;e. p. 25.

In the House of Representatives chap. 46.

Read and Concurred. [Passed September 11.

CHAPTER 260

RESOLVE EMPOWERING THE COMMITTEE ON ACCOUNTS TO PAY
FOR SUPPLIES FOR THE INHABITANTS OF PENOBSCOT, TRANS-
PORTATION OF SAME AND OF COMMISSARY'S STORES, AND THE
CHARGES OF THOSE MEN THAT CAME BY LAND FROM PENOBSCOT.

The Committee appointed to determine in what Way the Legislative
Supplies and Transportation of Provision for the Inhabitants of Coundf, °^ ^^^
Penobscot, and for Transportation of Commissary's Stores, and l^' '*^^-
for defraying the Charges of those Men that came by Land from Archives,
Penobscot, as Victualling, Ferriages, &c. beg Leave to report by mS"' ^^^' ^^'

way of Resolve: Resolves,

Resolved, That the Committee on Accounts be and they are chap'. i4.

132

Resolves, etc. — 1779-80. [Chaps. 261-263.]

hereby' impowered and directed to receive and examine all Ac-
counts of Supplies and Transportation of Provision for the Inhab-
itants of Penobscot, as also for the Transportation of Commis-
sary's Stores and for defraying the Charges of those Men that
came by Land from Penobscot, more particularly the charge of
Victualling and the cost of Ferriage, and such Accounts as they
judge reasonable they are further impowered to allow payment of
the same and the Committee are hereby directed to keep all such
Accounts on a P'ile or Files by themselves and state an Account
particularly for all Charges that may arise relative to this Matter
In the House of Representatives

Read and Accepted
In Council

Read and Concurred. [Passed September 13}

Legislative
Records of the
Council,
xxxix., 465.
Mass.
Archives,
cexxiii., 465.
Mass.
Resolves,
Sept. Session,
chap. 18.

Mass.
Archives,
cxlv., 169-170a.
Ante, p. 129,
chap. 254.

CHAPTER261.

RESOLVE REQUESTING THE NAVY BOARD TO POSTPONE THE COURT
MARTIAL OF CAPT. SALTONSTALL.

Resolved, That the Navy-Board be requested to postpone the
Court-Martial to be holden on Tuesday next, for the Trial of
Capt. [Dudley]^ Saltonstall, late Commander of the Continental
Frigate Warren, until the 28th Day of September Current.
[Passed September 13.

CHAPTER 262.

Legislative
Records of the
Council,
xxxix., 465.
Mass.
.\rchives,
cexxiii., 467.
Mass.
Resolves,
Sept. Session,
chap. 20.

Mass.
Archives,
cexxiii., 468.
Province
Laws, v., 770,
chap. 18.

RESOLVE PERMITTING JOHN HAMMOND AND JOHN C. GORDON,
SUBJECTS OF THE PRINCE OF BRUNSWICK, TO RESIDE IN THIS
STATE, THEY TAKING THE OATHS REQUIRED BY LAW.

On the Petition of John Hammond and John C. Gordon, late
Subjects of the Prince of Brunswick, now residing in this State,
requesting to become Subjects thereof:

Resolved, That the Prayer of the said Petition be granted, and
that the said John Hammond and John C. Gordon be permitted
to reside in this State, they taking the Oath of Allegiance to the
States required by an Act for prescribing and establishing an Oath
of Fidelity and Allegiance; and any Justice of the Peace for the
County of Middlesex (wherein the Petitioners now reside) is im-
powered to administer the same. [Passed September 13.

CHAPTER 263

Legislative
Records of the
Council,
xxxix., 466.
Mass.
Archives,
cexxiii., 466.
Mass.
Resolves,
Sept. .Session,
chap. 19.

VOTE CHOOSING ABEL MOULTON SECOND MAJOR OF THE 1st REG-
IMENT IN YORK COUNTY.

In the House of Representatives.
The House, by Ballot, made Choice of Abel Moulton, as Second
Major of the first Regiment of Militia in the County of York.
In Council
Read and Concurred. [Passed September 13.

1 This date is September 11 according to Massachusetts Resolves.
' Massachusetts Archives, cxlv., 169-170a.

[2d Sess.] Resolves, etc. — 1779-80. 133

CHAPTER 264.

RESOLVE SETTING A HEARING AT THE NEXT SESSION ON THE
INCORPORATION OF THE NORTHERLY PART OF CHESTERFIELD
AND CHESTERFIELD GORE INTO A TOWN.

On the Petitions of the Inhabitants of a Place called the Mass.
Gore, in the County of Hampshire, and the Northerly Part of the se^pt s^ion,
Town of Chesterfield, in said County that they may be Incor- '^^''•p- ^7.
porated into a Town: Ma^.-

Resolved, That the Petitioners be directed to notify the Inhabit- ce^x»c.^«o, 433.
ants of the said Town of Chesterfield to shew Cause, if any they
have, on the 2nd Wednesday of the next Sitting of the General
Court, why the Prayer thereof should not be granted, by leaving
attested Copies of the said Petitions and this Resolve with the
Town-Clerk of Chesterfield, at least fifteen Days, before the next
Sitting of the said Court. [Passed September 13.

CHAPTER 265.

RESOLVE REQUIRING SELECTMEN AND COMMITTEES OF CORRE-
SPONDENCE TO COLLECT BLANKETS FROM THE INHABITANTS
FOR THE USE OF ARMY BY NOVEMBER 1st, PAYMENT TO BE
MADE FOR SAME.

Whereas it is indispensably necessary that a Supply of Blankets Legislative
should be immediately procured for the Service of the Army: Council, ° ^

Resolved, That the Selectmen of each Town and the Committee l^- ^®^-
of Correspondence, &c. of each Plantation in this State be and Archives.
they hereby are required to collect from the Inhabitants of the Mass" '
Town or Plantation to which they respectively belong, or otherwise Resolves,
procure a Number of Blankets equal to one Half the Number of chap. 22.

Shirts, which by a Resolve of this Court of the 21st of June last Ante, p.72,
they were directed to procure, and to cause the same, upon or '^^^^- ^^^■
before the 1st Day of November next, to be transported to such
Place as the Agent appointed for the same County by the above-
mentioned Resolve shall direct. And the said Agents are hereby
directed to proceed in every Respect concerning the said Blankets
in the same Manner as they were directed by the aforesaid Re-
solve of the 21st of June, concerning the Articles therein enu-
merated; and Payment shall be made for the Blankets and also
for the Services and Expences of the Agents and Selectmen in the
same Manner as was prescribed for other Articles in the last men-
tioned Resolve. And the Selectmen and Committees aforesaid,
as well as the good People of this State, are requested to realize
the Sufferings of the Soldier that must be consequent on a Fail-
ure of this Article; which it is hoped will stimulate them more
effectually to a punctual Compliance, and to furnish those that
are thick and substantial, than the annexing of any Fines or
Penalties whatever. And if any should be so regardless of their
Obligations to the Army as to neglect this Duty, the Agents are
required to return to the Secretary's Office, as soon as may be
after the said 1st Day of November, the Names of any Town or
Plantation and of the Selectmen or Committee thereof, who are
so delinquent. [Passed September 1^}

\ This date is same in Massachusetts Resolves, but September 11 according to
Legislative Records of the Council.

134

Resolves, etc. — 1779-80. [Chaps. 266-268.1

CHAPTER 266.

RESOLVE ALLOWING JAMES WARREN AND OTHERS, PROPRIETORS
OF SYLVESTER CANADA, A FURTHER TERM OF THREE YEARS TO
FULFILL CONDITIONS OF RESOLVE OF JUNE 18, 1768.

Legislative
Records of the
Council,
xxxix., 467.
Mass.
Archives,
clxxxv., 275.
Mass.
Resolves,
Sept. Session,
chap. 27.

Mass.
Archives,
clxxxv., 274.
Province
Laws, xii., 145,
chap. 45; xviii.,
356, chap. 50.

On the Petition of James Warren, Agent for the Proprietors
of a Township of Land on Androscoggin River, called Silvester
Canada, confirmed to himself and others by the General Court of
this State, on the 18th of June 1768, upon certain Conditions, as
may appear by the Resolve of that Date:

Resolved, That for the Reasons in said Petition assigned the
further Term of three Years be allowed said Proprietors for ful-
filling the Conditions required by the aforesaid Resolve of the
18th of June 1768, within which Term the Fulfilment of said
Conditions by said Proprietors shall operate, and be to all Intents
and Purposes as satisfactory as if performed within the Term
prescribed by the aforesaid Resolve of June 18, 1768, said Resolve
to the contrary notwithstanding. [Passed Seyiemher 14-

CHAPTER 267

Legislative
Records of the
Council,
xxxix., 469.
Mass.
Archives,
ccxxiii., 483.
Mass.
Resolves,
Sept. Session,
chap. 25.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF
PLYMOUTH COUNTY.

Whereas upon Examination of the Treasurer's Accounts of the
County of Plymouth it appears that all the Monies granted and
allowed by the Court of General Sessions of the Peace for the said
County, from July 8th, 1778, unto July 1st, 1779, was for such
Purposes and Appropriations as the Law impowered the said
Court to grant, and the Ballance due to the County from the said
Treasurer One Thousand four Hundred sixty-five Pounds, seven-
teen Shillings and one Penny, for which he is to be accountable:
Therefore

Resolved, That the said Accounts be accepted and allowed.
[Passed September 14-

CHAPTER 268

Legislative
Records of the
Council,
xxxix., 470.
Mass.
Archives,
ccxxiii., 480.
Mass.
Resolves,
Sept. Session,
chap. 26.

Mass.
Archives,
ccxxiii., 481.
Province
Laws, XX., 676,
chap. 670.
Ante, p. 116,
chap. 226.

RESOLVE FOR DETACHING FIFTY-SEVEN OFFICERS AND PRIVATES
FROM THE REGIMENTS IN HAMPSHIRE COUNTY TO DO DUTY
AS GUARDS AT SPRINGFIELD FOR THREE MONTHS UPON THE
FORMER ESTABLISHMENT.

Resolved, That the Council be and hereby are requested to issue
their Order to the Brigadier General or Commanding-Officer in the
County of Hampshire, to detach from such Part or Regiment or
Regiments of his Brigade as he may think proper. Fifty-six Non-
commissioned Officers and Privates, with one Lieutenant, in Case
the Captain of the Guard at Springfield should not inlist them
before the 15th Day of September Current, and march them to
Springfield aforesaid, timely, so that they may arrive there on
the Morning of the 24th of the current Month, there under the
Command of the Captain of said Guard to do Duty for the Term
of three Months from the Day of their Arrival at Springfield
aforesaid, unless sooner discharged, upon the same Establishment
last allowed to the Springfield and Rutland Guard by a Resolve
of this Court. [Passed September 14-

[2d Sess.] Resolves, etc. — 1779-80. 135

CHAPTER 269.

RESOLVE REMITTING A FINE OF £300 AND ALLOWING A BOUNTY Legislative
OF £90 TO THE TOWN OF DUNSTABLE OUT OF THE NEXT STATE CoS?icif, "
TAX. xxxix., 470.

Mass.

On the Petition of the Selectmen of the Town of Dunstable, ccxxiiL?474.
for the Remittance of a Fine of Three Hundred Pounds, and that R^ojves
a Bounty of Ninety Pounds be allowed for three Men in the nine Sept. Session,
Months Service, agreeable to a Resolve of the General Court of '^ °'^'

Mass.

the 20th of April 1778. Sves.

Resolved, That there be allowed to the Town of Dunstable the ecxxiii., 475-477.

J X rovinc6

Sum of Three Hundred and ninety Pounds out of their next Laws, xx., 367,
State-Tax. [Passed September 1 4. chapi 1006. ^^'**

CHAPTER 270.

RESOLVE GRANTING £600,000 TO THE BOARD OF WAR FOR PUR-
CHASING PROVISIONS AND TWO ARMED VESSELS.

Resolved, That the Treasurer of this State be and hereby is Legislative
directed to pay to the Board of War of this State, the Sum of coundf,"^''"'
Four Hundred Thousand Pounds, to enable them to purchase such ^"i" • ^''l
Part of the Provisions and public Stores contained in their Esti- Archives,
mate as are more immediately wanted, and the Season of the Mass"" ^^^'
Year and other Circumstances require should be purchased with- Resolves,
out delay; and also the further Sum of Two Hundred Thousand chap. 24.''
Pounds, to enable them to purchase and fix out two armed Ves- Mass.
sels, from fourteen to eighteen Carriage Guns, as soon as possible; ^ckxsv^'40
the said Board of War to be accountable for the Expenditures of
said Sums. [Passed September I4.

CHAPTER 271.

ORDER THAT A LETTER BE SENT TO GEN. GATES REQUESTING THE
DETENTION OF COL. HENRY JACKSON'S REGIMENT AT CAM-
BRIDGE UNTIL THE DESIGNS OF THE ENEMY CAN BE ASCER-
TAINED AND FOR THE SUPPLY OF THE MILITIA AT THE FOR-
TRESSES WITH PROVISIONS.

Sir,

By the Intelligence which you was so kind as to favour us with Mass.
in yours of the 13th Instant, it is highly probable the Enemy 4^i^'^29r'
design to invade this State, and that Boston in particular is the ^ass
Object of their Vengeance, and that their Arrival here may be 86*13° Se^s'sion,
daily expected; we therefore request that you would issue your ^^^'^- "^'

Orders to Col. [Henry] ^ Jackson to detain his Regiment, now at ^'^?:
Cambridge, in this State for a few Days, until the Designs of the cci., 283.'
Enemy can be more fully ascertained. We have also to request
that you would issue your Orders to the proper Officer here to
supply such of the Militia as may be called in for the Defence of
the Fortresses here with Provisions.
To Maj. Gen. [Horatio]- Gates.

Ordered, That the foregoing Letter be fairly transcribed and
signed by the President of the Council and transmitted by Express
to General Gates, without Delay. [Passed September 14-

1 Post, p. 143, chap. 291.

* Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 314.

136

Resolves, etc. — 1779-SO. [Chaps. 272-275.]

CHAPTER 272

Legislative
Records of the
Council,
xxxix., 471.
Mass.
Archives,
ccxxiii., 492.
Mass.
Resolves,
Sept. Session,
chap. 3:5.

RESOLVE DIRECTING THE BOARD OF WAR TO BORROW 20 BLANKETS
FROM THE NAVY BOARD TO BE DELIVERED TO DR. JOSEPH GARD-
NER FOR THE SICK AND WOUNDED FROM PENOBSCOT NOW IN
THE HOSPITAL.

Resolved, That the Board of War be directed to apply to the
Navy-Board for the Loan of a Number of BUmkets, not exceeding
twenty, to be delivered to Doct. Joseph Gardner, for the sick and
wounded Soldiers and Sailors from Penobscot, now in the Hos-
pital. [Passed September 15.

CHAPTER 273

RESOLVE DIRECTING THE BOARD OF WAR TO BORROW FROM THE
CONTINENTAL COMMISSARY PROVISIONS TO SUPPLY THE GAR-
RISON AT THE CASTLE AND THOSE EMPLOYED IN REPAIRING
THE FORTIFICATIONS IN AND ABOUT BOSTON HARBOR.

Legislative
Records of the
Council,
xxxix., 472.
Mass.
Archives,
ccxjdii., 490.
Mass.
Resolves,
Sept. Session,
chap. 34.

Mass.
Archives,
cclxxxv., 41, 42.

Resolved, That the Board of War be and they hereby are directed
to apply to the Continental Commissary for the Loan of a suffi-
cient Quantity of Provisions to supply the Garrison at the Castle
and the People employed in repairing the Fortifications in and
about the Harbour of Boston, until they can purchase Provisions
and supply them on the State Account. And the Board of War
are directed as soon as may be to contract for and procure a
sufficient Quantity of Provisions to repay the Continental Com-
missary, and supply the Garrison and Labourers aforesaid for the
future. [Passed September 15.

CHAPTER 274

Legislative
Records of the
Council,
xxxix., 472.
Mass.
Archives,
ccxxiii., 491.
Mass.
Resolves,
Sept. Session,
chap. 31.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER CLOTHING
TO THE TWO PENOBSCOT INDIANS NOW IN TOWN AND TO REN-
DER AN ACCOUNT OF THE SUPPLIES DELIVERED FOR THE USE
OF THE EASTERN INDIANS.

Resolved, That the Board of War be and hereby are directed to
deliver to each of the Indians of the Penobscot Tribe now in the
Town of Boston, one Hat, one Shirt, one Blanket, one Pair of
Stockings, one Pair of Shoes and one Pair of Buckles, and the
Board of War are hereby directed to lay before this Court an
Account of the Supplies they have delivered out for the Use of
the Eastern Indians. [Passed September 15.

CHAPTER 275

I-egislative
Records of the
Council,
xxxix., 472.
Mass.
Archives,
ccxxiii., 487.
Mass.
Resolves,

RESOLVE DIRECTING THE RECEIVER GENERAL, HENRY GARDNER,
ESQ., TO DISCOUNT WITH TIMOTHY REED, JR., £12, L. M., HE PAID
TO THE LATE TREASURER, HARRISON GRAY, ESQ.

Upon the Petition of Timothy Reed, jun. of Dunstable, pray-
ing for the Relief from the General Court from paying Twelve
Pounds to the present Receiver-General of this State, which he r
formerly, as he alledges, paid to Harrison Gray, Esq; late Treas-
urer of the Province of Massachusetts:

(2d Sess.] Resolves, etc. — 1779-80. 137

Resolved, That Henry Gardner, Esq., the Receiver-General afore- Sept. Session,
said, be directed to discount with said Timothy Reed the Sum of ^'^^p- ^'^-
Twelve Pounds, Lawful Money, upon the said Reed's exhibiting to Mass.
and filing with him the Affidavit of Ebenezer French, of the same c/jSaiLfW 489.
Tenor with that exhibited to this Court. [Passed September 15.

CHAPTER 276.

RESOLVE ALLOWING THE FILING OF LIBELS AGAINST THE BRITISH
SHIP CALLED THE ROYAL BOUNTY, IN THE MARITIME COURT
FOR THE MIDDLE DISTRICT, DIRECTING THE JUDGE TO APPOINT
THE TIME FOR THE TRIAL AND A DISTRIBUTION, WITH RIGHT
OF APPEAL TO THE SUPERIOR COURT.

Whereas a British Ship, called the Royal-Bounty, has lately Legislative
been condemned to the Use of the Captors and all concerned, and CoSncIf, °^ *''''
many Disputes have arisen concerning the same, and it cannot be ^^^■' ^'^^■
ascertained who were the Captors without a great Number of Archives,
expensive Law Suits, unless some other Provision should be made mS" ' ^^^'
by the General Court: R'^o'^es-

Resolved, That any Person or Persons who suppose him or them- chap'. 35"
selves intitled to a Share or Part of a Share in said Prize, may in
his or their own behalf, and in behalf of such others as will join
with him or thexn, file a Libel in the Maritime Court for the Mid-
dle District of this State, and the Judge of the Court for said Dis-
trict is hereby authorized to appoint a Time for the Trial of the
same, and give Notice in like Manner and for the same Space of
Time as in other Maritime Causes of the filing of said Libel; when
all Persons not named in said Libel and supposing themselves in-
titled to a Share in said Prize, may file their Claims in said Court,
and a Trial shall be had on said Libel, in which the Jury shall de-
termine to whom and in what Proportion said Prize shall be
divided, and the said Judge shall direct a Distribution thereof ac-
cordingly; saving to any Party a Right of Appeal from such
Decree to the next Superior Court to be holden within said Dis-
trict. [Passed September 15.

CHAPTER 277.

RESOLVE DIRECTING THE BOARD OF WAR TO PROVIDE A FLAG OF Legislative
TRUCE TO REMOVE THE DISTRESSED FAMILIES OF A NUMBER Records of the
OF THE INHABITANTS OF PENOBSCOT OR MAJORBAGADUCE. x^x.!4'74.

Mass.

Whereas there is a Number of Persons of the Inhabitants of ccx*xiii^r4'85-
Penobscot or Majorbagaduce that are desirous to remove their R^oives
distressed Families from that Place on account of the Enemy, and Sept. Session,
they being unable at their own Expence: Therefore '^-^ — '■

Resolved, That the Board of War be directed to provide them a 4lp! 257^^^'
Vessel and Necessaries as a Flag of Truce for that Purpose, at the
Expence of the State. [Passed September 15.

138

Resolves, etc. — 1779-80. [Chaps. 278-280.1

CHAPTER 278

Legislative
Records of the
Council,
xxxix., 474.
Mass.
Archives,
cexxiii., 484.
Mass.
Resolves,
Sept. Session,
chap. 32.

Mass.
Archives,
clxxxv., 238.

RESOLVE GRANTING DANIEL DRUCE, A PENSIONER OF THE FRENCH
AND INDIAN WAR, AN INCREASE TO £30 A YEAR.

Resolved, That there be paid out of the pubUc Treasury of this
State unto Daniel^ Druce, the Sum of Thirty Pounds, for the
Reasons mentioned in his Petition, and that the said Sum be con-
sidered as a Grant to him for the current Year, beginning on the
1st Day of June last, when his last Grant ceased. [Passed Sep-
tember 15.

CHAPTER 279

RESOLVE GRANTING £84 TO THE SELECTMEN OF WILLIAMSTOWN
FOR BOUNTIES ACCORDING TO RESOLVE OF JUNE 12, 1778.

Legislative
Records of the
Council,
xxxix., 477.
Mass.
Archives,
cexxiii., 494.
Mass.
Resolves,
Sept. Session,
chap. 28.

Province
Laws, XX., 441,
chap. 55.

Upon Application made by the Selectmen of the Town of
Williamston, setting forth that they raised six Men agreeable to a
Resolve of this Court of .June 12th, 1778, and have not received
the Fourteen Pounds Bounty for each Man which was promised
by said Resolve to those Towns that should comply with the same:
Therefore

Resolved, That there be paid out of the public Treasury to the
Selectmen of said Williamston the Sum of Eighty-four Pounds ia
full of said Bounties. [Passed September 15.

CHAPTER 280.

RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER
RICE FOUR DAYS IN THE WEEK AND BREAD OR FLOUR THREE
DAYS TO SUCH AS RECEIVE RATIONS BY ORDER OF GOVERN-
MENT AND TO ALLOW ONE POUND AND A QUARTER OF RICE IN
ROOM OF ONE POUND OF BREAD OR FLOUR.

Legislative
Records of the
Council,
xxxix., 479.
Mass.
Archives,
cexxiii., 495.
Mass.
Resolves,
Sept. Session,
chap. 39.

Whereas the State of the public Magazines is such as will
render it necessary for the present to issue some Part of the
Rations from the Commissary General's Office in Rice in lieu of
Flour or Bread: Therefore

Resolved, That the Commissary General be directed and he is
hereby accordingly directed to deliver Rice four Days in the Week,
and Bread or Flour three Days in the Week to such Persons as
receive Rations from his Office by order of Government, one
Pound and a Quarter of Rice to be allowed in the room of one
Pound of Bread or Flour, this Resolve to be in force until the
further Order of this Court. [Passed September 16.

' Originally read William, changed to Daniel, and endorsed Daniel. The peti-
tion, Ma.s.sachuset ts Archives, clxxxv., 238, is signed Daniel and states that he fell
sick of the smallpox on his return from camp in 1760 and received a pension of £6
for years but owing to depreciation of the currency asks an addition.

[2d Sess.] Resolves, etc. — 1779-80. 139

CHAPTER 281.

RESOLVE ALLOWING SAMUEL RUGGLES, STATE CLOTHIER, £90 PER Ijegislative
MONTH, RATIONS AND HORSE HIRE. C^cif,

xxxix., 479.

Whereas Mr. Samuel Ruggles has been appointed (by this Archives,
Court) State Clothier, to reside with or near that Part of the °f^»'- ^^o.
Continental Army raised by this State, and observe and perform Resolves,
all the Duties enjoined on a State Clothier, agreeable to a Resolve chap. 38®^'°"'
of the Continental Congress passed March 23, 1779: Legislative

Resolved, That the said Samuel Ruggles shall be intitled to the ^^^"""Jf °f '-''^
Sum of Ninety Pounds per Month for his Service, during the Time xxxix., 464.
he shall continue in that Office, and in case he shall not be allowed ^'^p; 258^^^'
his Rations and Horse-Hire in going to and returning from Camp
by the Continent, he shall be paid for the same by this State.
[Passed September 16.

CHAPTER 282.

VOTE CHOOSING JAMES MILLER ADJUTANT OF THE 5th REGIMENT ^^^'^'^^'^f ,,
IN MIDDLESEX COUNTY. Co^cif,

xxxix., 480.

In the House of Representatives Archives,

The House, by Ballot, made choice of James Miller as an Adju- Mass" * *^^'
tant to the fifth Regiment of Militia in the County of Middlesex. Resolves,

T /~i •! Sept. Se-ssion,

In Council chap. .36.

Read and Concurred. [Passed September 16.

CHAPTER 283

RESOLVE DIRECTING THE BOARD OF WAR TO PROCURE 5,000 FELT
HATS FOR THE USE OF NONCOMMISSIONED OFFICERS AND PRI-
VATES OF THE CONTINENTAL REGIMENTS RAISED IN THIS STATE.

Whereas no Provision has as yet been made for the procuring Legislative
of Hats for the Supply of this State's Quota of the Continental counclr^*^'
Army: Therefore xxxix, 478.

Resolved, That the Board of War be and hereby are directed Archives,
immediately to procure Five Thousand Felt-Hats upon as reason- Mass^ ' ^^'
able Terms as possible, for the Use of the Non-commissioned g ^^P^g®^' ■ „
Officers and Privates belonging to the Continental Regiments chap'. 45.
raised in this State, and deliver them, when procured, to such Mass.
Person as the General Court, or in the Recess of the Court, as the cSx'il^^'la 24
Council may direct. [Passed September 17.^

' This date is same in Massachusetts Resolves, but September 16 according to
Legislative Records of the Council.

140

Resolves, etc. — 1779-SO. [Chaps. 284, 285.]

CHAPTER 284.

RESOLVES DIRECTING JOHN WITHINGTON AND OTHERS, COM-
MITTEE OF STOUGHTON IN 1775, TO PAY £30. 7s. 4d. TO JOHN Mc-
WHORTER FOR IRON SEIZED BY THEM, DISMISSING THE ACTION
NOW PENDING IxN BRISTOL COUNTY, AND FOREVER BARRING
JOHN McWHORTER FROM ANY FURTHER ACTION.

Legislative
Records of the
Council,
xxxix., 480.
Mass.
Archives,
cexxiii., 498.
Mass.
Resolves,
Sept. Session,
chap. 37.

Mass.

Archives,

cexxiii., 498 J^-

513.

Ante, p. 27,

chap. 51.

Upon the Petition of John Withington and others, Committee
of the Town of Stoiighton for the Year 1775:

Resolved, That the Committee of the Town of Stoughton for the
Year 1775 pay unto John McWhorter of Taunton the Sum of
Thirty Pounds seven ShilHngs and four Pence, in full of all De-
mands for 20C. Iqr. 3!b. of Iron, which was seized by said Com-
mittee agreeable to the Spirit of a Resolve of the Provincial
Congress, passed February 5, 1775. And it is further

Resolved, That the Action now pending in the Inferior Court for
the County of Bristol, wherein the said John McWhorter is Plain-
tiff, and John Kenny, Benjamin Bussey, James Hawkes, Lewis
and ^Yilliam Crane are Defendants, be and it is hereby dismissed:
And that the said John McWhorter be and he hereby is forever
barred from sustaining or prosecuting any Process against any
Person for the Seizure and Sale of the Iron as aforesaid. [Passed
September 17}

CHAPTER 285

ORDER APPOINTING A COMMITTEE TO CONSIDER THE ANNEXATION
OF PART OF STONEHAM TO READING.

Legislative
Records of the
Council,
x.xxix., 481.
.Mass.
Archives,
ccxxiv., 1.
Mass.
Resolves,
Sept. Session,
chap. 41.

The Committee of both Houses upon the Petition of Joseph
Bryant and others, praying to be set off from the Town of Stone-
ham, and be annexed to the Town of Reading, beg Leave to report
that in their Opinion it is proper that a Committee of the General
Court should be appointed to repair to Stoneham and view the
Situation of the Petitioners, hear the Parties, and enquire into the
Circumstances of the Town of Stoneham, and report what is
proper to be done as soon as may be; the Expences to be paid
as the General Court shall hereafter direct.

All which is Submitted

Edward Cutts per Order
In Council

Read and Accepted.

In the House of Representatives

Read and Concurred and thereupon

Ordered, That Col. [Loammi]^ Baldwin and Capt. [Benjamin]^
Blaney with such as the Honorable Board shall join, be a Com-
mittee for the purposes therein-mentioned
In Council

Read and Concurred and Aaron Wood, Esq., is joined. [Passed
September 17 J

' This date is September 16, according to Legislative Records of the Coxincil and
Massachusetts Resolves.

« Of Woburn.

3 Of Maiden.

* This date is same in Massachusetts Resolves, but September 16 according to
Legislative Records of the Council.

f2D Sess.] Resolves, etc. — 1779-80. 141

CHAPTER 286.

RESOLVE CONFIRMING TO THE HEIRS OF CAPT. MOSES RICE 100
ACRES OF LAND LYING ON THE SOUTH LINE OF CHARLEMONT,
GRANTED TO HIM DEC. 4, 1752.

On the Petition of Asaph White, praying that a certain Plan,^ Legislative
inclosed in said Petition, of one Hundred Acres of Land, lying on counclf °^ *''*'
the South-Line of Charlemont, in the County of Hampshire, -^i"- ^'82-
granted by the General Court, December 4th, 1752, to Capt. Archives,
Moses Rice, for certain Services he had done for Government, and ^f^s^' ^"^
Damages he had sustained, may be allowed and confirmed to the Kesoives.
Heirs of the said Moses Rice, deceased: chap. 44*^'°"'

Resolved, That said Plan be allowed, and the Hundred Acres of Mass.
Land therein described, be and hereby is confirmed to the Heirs Archives ^^
and Assigns of the said Moses Rice, deceased, forever, saving the 111, iiio.
Widow's Right of Dower (if any she have therein) and provided Ea^^xiv.,
the Plan exceeds not the Quantity of one Hundred Acres, and does ^^^' ^^^p- ''^■
not interfere with any former Grant. [Passed September 17.

CHAPTER 287.

RESOLVES FOR DETACHING 400 MEN, FROM THE COUNTIES OF SUF-
FOLK, ESSEX, MIDDLESEX AND WORCESTER, FOR COMPLETING
AND MANNING THE FORTRESSES IN AND ABOUT THE HARBOR
OF BOSTON AND MAKING AN ESTABLISHMENT FOR THE SAME.

Whereas the Safety of this and the United States absolutely Legislative
require that the Fortresses in and about the Harbour of Boston councif, °^ *^^
should be compleated and manned in the most expeditious Man- xxxix., 483.

n^^ s> Mass.

ner: iheretore Archives,

Resolved, That Orders be immediately issued to Maj. Gen. Masr* '^'
[John]^ Hancock, for the Purpose of detaching four Hundred Men, Resoives,
non-commissioned Officers included, to serve until the second chap'. 42!"''°"'
Wednesday in November next, unless sooner discharged, for carry- '^^^
ing on and manning the Works in and about the Harbour of Archives,
Boston, in Manner following, viz. ccxxiv., ,

From the Brigade in the County of Suffolk, one Hundred Men.

From the Brigade in the County of Essex, one Hundred Men.

From the Brigade in the County of Middlesex, one Hundred
Men.

From the Brigade in the County of Worcester, one Hundred
Men.

The aforesaid four Hundred Men to be formed into four Com-
panies of one Hundred Men each (non-commissioned Officers in-
cluded) properly armed and equipped; that the Commission
Officers for said Companies be also detached from said Brigades.
The Brigadiers or Commanding-Officers so detaching shall make
or cause to be made such Detachments, as soon as possible after
receiving their Orders for said Purpose, and make Return of their
Doings immediately after said Detachments are made, to the
General aforesaid, and order said Companies to march forthwith
to the Fortresses aforesaid, agreeable to such Orders as they shall
receive. And be it further

Resolved, That each Captain so detached shall receive out of the
public Treasury of this State at the Rate of Thirty Pounds per

' This plan, made by Samuel Taylor, surveyor, dated Buckland, Aug. 30, 1779,
is Massachusetts Archives, ccxxiv., 22.
2 A7itc, p. 128, chap. 252.

142

RESOLArES, ETC. — 1779-80.

[CiL\p. 288.]

Month, in Addition to the Continental Pay. To each Lieutenant
Twenty-four Pounds per Month; to each Serjeant Eighteen
Pounds per Month; to each Corporal, Drum and Fife, Seventeen
Pounds per Month, and to each Private Sixteen Pounds per
Month, in Addition to said Continental Pay. Said Companies to
continue in Service to the 2nd Wednesday in November next,
and no longer, their Pay to commence from the Time of their
Arrival in Camp.

Kcffolvcd, That if any Person shall be detached by his Officer for
the Service aforesaid, and shall not within twenty-four Hours after
he is so detached pay a Fine of Thirty Pounds, or procure some
able-bodied Man in his room properly armed and equipped, he
shall be held as a Soldier in said Detachment and treated as
such; and the Officers who shall receive such Fines shall proceed
to hire Men therewith, or detach others, as the case may be, until
he hath compleated his Quota.

Resolved, That the Selectmen of such Towns where such Detach-
ments shall be made, pay the Sum of Two Shillings Mileage, as
is usual when such Detachments are made, and lay their Accounts
before the Committee on Accounts for Allowance and Payment.
And it is further

Resolved, That the Selectmen, where there are no Military Offi-
cers, shall and hereby are directed to do the Duty of Military
Officers in all Detachments required from the Companies in their
respective Towns. [Passed September 17.

CHAPTER 288.

RESOLVE MAKING AN ESTABLISHMENT FOR DETACHMENTS MADE
BY THE COUNCIL DURING THE RECESS AND TO THOSE ORDERED
TO PENOBSCOT.

Legislative
Records of the
Council,
xxxix., 485.
Mass.
Archives,
ccxxiv., 2.
Mass.
Resolves,
Sept. Session,
chap. 40.

Ante, p. 104,
chap. 199; p.
114, chap. 221.

Resolved, That there be allowed and paid out of the public
Treasury of this State to the several Detachments from the
Militia thereof, which were made by the Honorable Council in
the Recess of the General Court, and also to those ordered for the
Expedition to Penobscot, the several Sums following, in Addition
to the Continental Pay and Rations for each Calendar Month
they have or may remain in Service, and who did or shall not
leave the Service till regularly discharged, viz. To each Colonel
Forty-five Pounds, to each Lieutenant-Colonel and Regimental
Surgeon Forty Pounds, to each Major Thirty-five Pounds, to each
Captain, Adjutant, Quarter-Master and Surgeon's Mate Thirty
Pounds, to each Lieutenant Twenty-four Pounds, to each Serjeant
Twenty-three Pounds, to each Corporal, Drummer and Fifer
Twenty-two Pounds, and to each Private Twenty-one Pounds.
Also a further Sum of Two Shillings per Mile for each Mile they
marched to the Place where Rations were provided; also for each
Mile from the Place of their Discharge to the Places of their re-
spective Abodes. The said Sums for Mileage to be made up in the
Pay-Roil for the additional Pay. [Passed September 17.

[2d Sess.] Resolves, etc. — 1779-80. 143

CHAPTER 289.

RESOLVE FOR SUPPLYING THE SEA COAST MEN WITH RICE FOUR Legislative
DAYS A WEEK INSTEAD OF FLOUR. CoSncif,

xxxix., 486.

RGSolvcd, That the Board of War be and they hereby are directed Archives,
to order the several Commissaries appointed to supply the Sea- '^^' ^^■
Coast Men with Provisions, to observe the same Rules and Regu- Resolves,
lations respecting issuing Rations, particular to substitute Rice chap'. 43^^'°"'
instead of Flour, four Days in a Week, as was provided by a Mass.

Resolve passed the 16th Instant; and the Secretary is hereby Archives

cclxxxv., 4.5.

directed to serve the Board of War with a Copy of this Resolution Ante, p. m,
without delay. [Passed September 17. '^^^p- 2^°-

CHAPTER 290.

RESOLVE FOR FORMING THE 80 PRIVATES, ENLISTED IN COL. Legislative
JACOBS'S REGIMENT OF LIGHT INFANTRY, INTO A SEPARATE Records of the
CORPS IN ONE COMPANY. ^x.?487.

Mass.

Whereas it was resolved on the 24th of April last that a Regi- ccxxiv., 1.3.
ment of Light-Infantry should be raised in this State, and to do R^oives,
Duty in the New-England States, under the Command of Col. Sept. Session,

Jacob Gerrish, and afterwards given to Col. John Jacobs; and by \ — '■

the Returns it appears that not more than eighty Privates have La^',"^., es",
inlisted into said Regiment: Therefore ^Anfe^^hi

Resolved, That the eighty Privates inlisted as aforesaid be formed chap! 128. '
into a separate Corps in one Company, to be commissioned by the
Honorable Council. [Passed September 17.

CHAPTER 291.

RESOLVE FOR SUPPLYING COL. HENRY JACKSON'S REGIMENT THEIR
JUST PROPORTION OF SMALL STORES AT THE USUAL PRICES.

Whereas the Regiment commanded by Col. Henry Jackson is Legislative
now in this State, and there being no Commissary here to receive coundf, °^ ^'^^
and issue the small Stores provided for the Comfort of that Part W^^' *^^-
of the Continental Army raised in this State: Therefore Archives,

Resolved, That the Committee appointed to supply the Army mS^' ^^'
with small Stores be and they hereby are directed to deliver to Resoives,
such Person as shall be appointed by the Field-Officers of said chap'. '47.
Regiment to receive them, such a Quantity of small Stores as the Ante, p. 57,
said Committee shall judge will be their just Proportion with the "^^^p- ^'^^•
rest of the Army, they paying for the same the Prices ordered to
be received for such Stores. [Passed September 18.

144

Resolves, etc. — 1779-80. [Chaps. 292, 293.]

CHAPTER 292

Legislative
Records of the
Council,
xxxix., 483.
Mass.
.\rchives,
ccxxiv., 27.
.Mass.
Resolves,
Sept. Session,
chap. 49.

Mass.
Archives,
ccxxiv., 28-31.

RESOLVE DIRECTING THE BOARD OF WAR TO PAY £3,050 TO JOHN
ANDERSON OF NEWBURYPORT IN DISCHARGE OF A JUDGMENT
AGAINST COL. ALLAN, TO BE CHARGED AGAINST HIM UNTIL HE
OR THE TRUCK MASTER AT MACHIAS ACCOUNT FOR THE SAME.

The Committee of both Houses, on the Petition of James Avery
praying on behalf of Col. John Allan the assistance of this Court
to discharge a Judgement recovered against said Allan by John
Anderson of Newbury-Port for Three Thousand Pounds and Cost
of Suit, ask leave to Report the following Resolve.

Aaron Wood per Order.

Resolved, That the Board of War of this State be directed to
pay to John Anderson of Newbury-Port, or his Order, the Sura of
Three Thousand Pounds, and Cost of Suit, taxed at Fifty Pounds,
in full discharge of the Judgment recovered by him against Col.
John Allan, and that the Board of War charge the Truck-Master
at Machias with the said Sums. The said Allan notwithstanding
to be held accountable for said Sums, until he or the said Truck-
Master account for the same to this State. [Passed September 20}

CHAPTER 293

Legislative
Records of the
Council,
xxxix., 489.
Mass.
Resolves,
Sept. Session,
chap. 48.

RESOLVES FOR SUPPLYING THE OFFICERS OF GLOVER'S BRIGADE
AND ALL OTHER OFFICERS BELONGING TO THIS STATE IN THE
CONTINENTAL ARMY WITH CLOTHING, AND GRANTING £10,000
FROM THE SALE OF ESTATES OF ABSENTEES TOWARDS THE
SAME.

On the Petition of the Officers of Gen. [John]- Glover's Bri-
gade, praying they may be supplied with Cloathing:

Resolved, That the Board of War be and they hereby are di-
rected in the most expeditious Manner possible, to purchase or
otherwise procure suitable Cloth for a Suit of Cloaths for each of
said Officers, also one Pair of Leather-Breeches, one Hat, one
Pair of Shoes, one Watch-Coat, one Pair of Boots, Linen sufficient
for six Shirts and Stocks for each Field-Officer, and two Shirts and
Stocks for each Captain and Subaltern, also six Pair of Stockings
for each Field-Officer, and two Pair for each Captain and Subal-
tern, agreeable to their Return, and deliver the same as fast as
they are procured to Maj. Thomas Cogswell, or such other Per-
son as may be impowered by said Officers to receive them, tak-
ing Receipts for the same; each Officer to be accountable on the
final Adjustment of his Account for the Articles provided for him.
And the Board of War are further directed without delay to pro-
cure the like Articles for all the Officers belonging to this State
in the Continental Army, to be delivered or sent forward as the
General Court or in the Recess thereof the Council shall direct.
And to enable the Board of War to enter on this Business imme-
diately. It is further

Resolved, That there be paid out of the public Treasury of this
State the Sum of Ten Thousand Pounds, out of the Money arising
from the Sale of Absentees Estates, as a Part of the Sum already
granted them to procure Cloathing, &c. [Passed Septeviber 20.

' This date is same in Massachusetts Resolves, but September 17 according to
Lepishitivf Records of the Council.

- Mass;i"husetts Soldiers and Sailors of the Revolutionary War, vi., 508.

[2d Sess.] Resolves, etc. — 1779-80. 145

CHAPTER 294.

RESOLVE DISMISSING COL. JACOBS AND ALL THE OFFICERS UNDER
HIM OF THE REGIMENT OF LIGHT INFANTRY, EXCEPT SUCH AS
MAY BE COMMISSIONED FOR THE EIGHTY MEN RAISED FOR THE
SAME.

the

Whereas a Resolve of this State passed the 16th of April, 1779 Sdsof
to raise a Regiment of Light-Infantry, to do Duty in the State Council,
of Rhode-Island, to be commanded by Col. [Jacob] ^ Gerrish and ivSs.'
afterwards by Col. John Jacobs; and as it appears by the Returns ^/^^jij^^lg
of the last mentioned Colonel, that not more than eighty Men Mass.
have or can be inlisted for said Purpose, and as the Honorable Se^p°. session.
Council in the Recess of the Court ordered four Hundred Men to ''^^^- ^^-

be detached for two Months, over and above the Regiment com- -'i^'«> Paq^*^-
manded by Col. [Nathan]^ Tyler, and from several Letters from
Gen. [Horatio]^ Gates it is not unlikely but this State will be
suddenly attacked: Therefore

Resolved, That Col. John Jacobs and all the Officers under him
for the Regiment aforesaid be dismissed; excepting such as the
Honorable Council may commission for the eighty Men above
mentioned. [Passed September 20.

CHAPTER 295.

RESOLVE GRANTING £22. 10s. TO JOHN ALDEN FOR BREAD AND RICE
DELIVERED THE TROOPS AT DARTMOUTH.

On the Petition of John Alden, praying for Allowance for Legislative
Bread and Rice delivered the Troops stationed at Dartmouth: Councif,

Resolved, That there be allowed and paid out of the public Treas- ^f^' *^*'
ury of this State to John Alden, the Sum of Twenty-two Pounds Resolves,
ten Shillings, in full for Bread and Rice delivered the Troops chap. 51.^'°"'
stationed at Dartmouth. [Passed Scptcmher 20.

CHAPTER 296.

RESOLVE GRANTING £200 TO ANDREW CAMPBELL, RECRUITING Legislative
OFFICER IN PLYMOUTH COUNTY. Coundf °^

xxxix., 491.

On the Petition of Andrew Campbell, praying for Allowance Ar'^hives,
for recruiting Men: ccxxiv., 41.

Resolved, That there be allowed and paid out of the public Treas- Resolves,
ury of this State to Andrew Campbell, recruiting Officer in the lll^_ f|'^'°"-
County of Plymouth, the Sum of Two Hundred Pounds, in full for ^^^
the Bounty for recruiting Men, and for his Charges and Expences Archives,
attending the same. [Passed September 20. ccxxiv.,

1 Ante, p. 143, chap. 290.

^ Massachusetts Soldiers and Sailors of the Revolutionary War, xii., 238.

' Ante, p. 135, chap. 271.

146

Resolves, etc. — 1779-80. [Cil\ps. 297-299.]

CHAPTER 297.

RESOLVE EMPOWERING THE COURT OF GENERAL SESSIONS IN MID-
DLESEX COUNTY TO GRANT MONEY FOR COUNTY CHARGES,
NOTWITHSTANDING THE TREASURER'S ACCOUNT IS UNSETTLED.

Legislative
Records of the
Council,
xxxix., 492.
Mass.
Archives,
ccxxiv., 35.
Mass.
Resolves,
Sept. Session,
chap. 50.

Whereas David Cheever, Esq., was chosen and appointed
Treasurer of the County of Middlesex for the Year 1778, expiring
in May last, who officiated in said Office Part of said Year only,
after whose Resignation Ebenezer Bridge, Esq., was chosen, and
acted as Treasurer for said County the Remainder of the Year, by
Means whereof the Treasurer's Accounts for said Year have not been
settled and adjusted according to the Laws of this State: And
whereas it is of Importance that the County Tax should be ordered
during the present Session of the Court of General Sessions of the
Peace now held at Concord, in and for said County: Therefore

Resolved, That the Court of General Sessions of the Peace now
Sitting at Concord, in and for the said County of Middlesex, be
and they hereby are impowered to grant and order such Sum of
Money as they shall think necessary for defraying County Charges
and Expences; the Treasurer's Accounts for said Year 1778 not
having been adjusted notwithstanding. [Passed September 20.

CHAPTER 298

VOTE CHOOSING THE FIELD OFFICERS OF THE 5th REGIMENT IN

ESSEX COUNTY.

Legislative
Records of the
Council,
xxxix., 492.
Mass.
Archives,
ccxxiv., 36.
Mass.
Resolves,
Sept. Session,
chap. 54.

In the House of Representatives
The House, by Ballot, made Choice of the following Gentlemen
as Officers of the fifth Regiment of Militia in the County of Essex
viz.

William Bacon ...... Colonel

Thomas Grant ...... Lieutenant Colonel

John Selman Major

Joseph Eaton ...... Adjutant

In Council
Read and Concurred.

[Passed September 20.

CHAPTER 299

Legislative
Records of the
Council,
xxxix., 488.
Mass.
Archives,
ccxxiv., 55.
Mas.1.
Resolves,
Sept. Session,
chap. 55.

Mass.
Archives,
ccxxiv., 53.

RESOLVE DIRECTING THE TREASURER NOT TO ISSUE EXECUTIONS
AGAINST DELINQUENT CONSTABLES OR COLLECTORS OF TAXES
IN THE COUNTY OF DUKES COUNTY, THE PRESENT STATE OF
THAT COUNTY BEING PARTICULARLY DISTRESSING.

The Committee of both Houses, appointed upon the Petition
of James Athearne, having considered the Same, ask leave to
Pteport the following Resolve; which is submitted

IVIosES Gill per Order.

Resolved, That Henry Gardner, Esq., Treasurer of this State,
be and he is hereby directed not to issue Executions against any
delinquent Constable or Collector in the County of Dukes-County
for any Taxes already laid upon said County, until the further
Order of the General Court, the present State of that County
being peculiarly distressing. [Passed September 21}

' This date is same in Massachusetts Resolves, but is September 18 according
to Legislative Records of the Council.

[2d Sess.] Resolves, etc. — 1779-80. 147

CHAPTER 300.

RESOLVE FOR APPREHENDING BRITISH PRISONERS NOW AT LARGE
IN THE TOWN OF BOSTON, CONFINING THEM ON THE PRISON
SHIPS IN THE HARBOR, AND FOR CONFINING ALL OTHER SUS-
PECTED PERSONS IN THE GAOL.

Whereas great Disorders have arisen in the Town of Boston by Legislative
British Prisoners being suffered to go at large in said Town: Councif, °^ *^^

Resolved, That the Committee of Correspondence of the Town of ^f^^- ^^'^•
Boston be and they are hereby directed forthwith to apprehend all Archives,
British Prisoners^ now going at large in said Town, and deliver MaS]^' ^^'
them to the Commissarv of Prisoners of this State, who is directed Resolves,

n 1 1 1 1 T-« • oi • • 1 • TT 1 •! ''ept. .Session,

to connne them on board the Prison-bhips in this Harbour until chap. Sb.
the further Order of the Council, and said Committee are also Mass.
directed to take up all other suspected Persons and carry them 4^j^v^'^"37-4o
before some Civil Magistrate, who is directed to examine them,
and if they are not able to give a good Account of themselves, to
commit them to Gaol until the further Order of this Court, or of
the Honorable Council in the Recess of the same. [Passed
September 21 .

CHAPTER 301 .

RESOLVES FOR SUPPLYING THE TOWN OF GLOUCESTER WITH 1,000
POUNDS WEIGHT OF GUN POWDER, THE SELECTMEN TO ACCOUNT
FOR THE EXPENDITURE OF THE SAME AND OF THAT PREVIOUSLY
RECEIVED.

Whereas it appears to this Court by a Petition of the Inhabit- Legislative
ants of the Town of Glocester, that they are in immediate Want councif °^ *^^
of a Supply of Gun-Powder: Therefore xxxix., 494.

Resolved, That the Board of War be and they hereby are directed Archives,
to deliver to the Selectmen of the Town of Glocester, one Thou- Mass^ ' ^^'
sand Pounds Weight of Gun-Powder, they to be accountable to Resolves,
this Court for the Expenditure of the same. chap'. 57^^'°°'

And whereas there has been delivered out of the public Maga- Mass.
zines of this State to the aforesaid Town of Glocester considerable ^^^l'^^^^.
Quantities of Gun-Powder, and as this Court are desirous of ccixxxv'., 42.

knowing to what Use it has been appropriated: It is further

Resolved, That the Selectmen of the aforesaid Town of Glocester
be and they are hereby ordered to make a Return forthwith to this
Court in what Way they have expended the Powder that has been
received out of the public Magazines as aforesaid. [Passed
September 21.

CHAPTER 302

LETTER TO THE CONTINENTAL CONGRESS ASKING THAT THE STATE
COULD RETAIN THE CONTINENTAL TAX OF $6,000,000 UNTIL SUCH
TIME AS THE EXPENDITURES FOR THE PENOBSCOT EXPEDITION ^u,
ARE LIQUIDATED AND REIMBURSEMENT MADE. Ar'^hives,

cxlv., 171, 172
Sir '^ass.

' RgsoIv8s

The failure of the Expedition planned by this State to dislodge ^ept. Session
the Enemy from Penobscot hath involved this Government in *^ ^'^'

extreme Difficulty: We not only have lost three State Vessels of chap! m*^'

\ "De Valnais, Consul de France," complained "that the Captain of his most
christian Majesty's Frigate as well as his officers & crew had been insulted & at-
tacked by several British saylors supposed to belong to the Continental Frigate
now laying in this harbour, or some British prisonners taken by said Frigate."

148

Resolves, etc. — 1779-80.

[Cit\p. 303.1

Force, but have insured all the others, excepting Continental, that
were employed on that unfortunate Service. The Calls upon us
to make good our Contracts with the Owners of the private Ships
are pressing and must be fulfilled or the public Faith and Credit
be irreparably injured; in addition to which the frequent Draughts
from our Militia for the Purpose of defending this and the neigh-
bouring States, of guarding Continental Stores and Prisoners of
War brought into this Government from time to time in great
Numbers, which are not made without great Expence, keeps our
Treasury exhausted, and although we have taxed to the amount
of Two Millions above the Sum directed by Congress to be raised,
we still find the Sums Government have raised inadequate to the
continual and urgent Requisitions on the Treasury; and as the
Expiration of the Time of Inlistment of the Soldiers who form this
State's Quota of the Continental Army is nearly arrived, we are
sensible that to re-engage our Troops will require the most stren-
uous Efforts, and that very large Sums of Money must be em-
ployed to effect this great Purpose; we have therefore earnestly
to request of Congress to pass such an Order as shall enable this
State to retain the Six Millions of Dollars which were ordered to
be raised in this State as a Continental Tax, until such Time as
the Expenditures of the Penobscot Armament shall be liquidated
and Congress shall order a Reimbursement of that Expence to be
made this State.

His Excellency John Jay, Esq.

[September 21.

CHAPTER 303

Legislative
Records of the
Council,
xxxix., 495.
Mass.
Archives,
ccxxiv., 67.
Mass.
Resolves,
Sept. Session,
chap. 64.

Province
l.,aw8, x.\.,
569, chap. 400.
Ante, p. 106,
chap. 204.

RESOLVES DIRECTING THE TREASURER TO REPAY TO MR. CUMBER-
LAND DUGAN £5,000 OUT OF THE MONEY RECEIVED FOR FOR-
FEITED ESTATES, BEING PART OF THAT LENT BY HIM FOR THE
PURCHASE OF FLOUR.

Whereas the General Court did by their Resolve of the 26th of
January last impower and direct the Treasurer of this State to
hire a Sum of Money for the Purpose of importing a Quantity of
Flour into this State, and to give his Security for the repayment
thereof, but no sufficient Provision is made therein to enable the
Treasurer to repay the Money so borrowed, and as it appears that
Mr. Cumberland Dugan has lent Money for the above Purpose:
Therefore

Resolved, That the Treasurer be directed to repay the Money
borrowed for the above Purpose out of such public Monies as may
hereafter be paid into his Hands. And be it further

Resolved, That the Treasurer be directed, and he is accordingly
hereby directed to repay to Mr. Cumberland Dugan Five Thou-
sand Pounds (being Part of the Money by him lent as aforesaid)
out of the Money in his Hands that arose by the Sales of the
forfeited Estates. [Passed Seytemher 22.

[2d Sess.] Resolves, etc. — 1779-80. 149

CHAPTER 304.

RESOLVE FOR SUPPLYING MR. JOSEPH WHIPPLE, SURGEON TO THE Legislative
CORPS OF ARTILLERY, WITH NECESSARY ARTICLES FOR THE g^;;°;'|f "^ *''«
SICK. xxxix., 495.

Mass.

Archives

Resolved, That all Persons who have supplied any of the Troops ccxxiv., 316.
in the Service of this State with Provisions, on their Retreat from R^oives,
Penobscot, shall lay their Accounts before the Committee on Sept. Session,

Accounts for Allowance and Payment; said Accounts being prop '■ — '■

erly attested before some Justice of the Peace within this State.
[Passed October 6.

1 Massachusetts Archives, ccxxiv., 318.

204

Resolves, etc. — 1779-80. [Chaps. 425-428.]

CHAPTER 425.

I-egislative
Records of the
Council,
xl., 49.
Mass.
Archives,
ccxxiv., 314.
Mass.
Resolves,
Sept. Session,
chap, 171.

Mass.
Archives,
ccxxiv., 315.
Province
Laws, XX.,
1114, chap. 13.

RESOLVE PERMITTING JOHN FITCH WIGHT TO TRANSPORT RUM,
SUGAR, TEA, COFFEE AND GIN TO NORWICH, CONN.

On the Petition of John Fitch Wight, of Norwich, of the State
of Connecticut, praying for Leave to carry his Adventure out of
this State:

Resolved, That the Prayer of the Petition be granted, and that
the Team drove by Devotion Eddy be permitted to transport to
Norwich one Tierce of Rum, four Barrels of Sugar, a small Box
of Tea, 100 Weight of Coffee, and two Cases of Ginn; any Em-
bargo Act of this State notwithstanding. [Passed October 6.

CHAPTER 426.

Legislative
Records of the
Council,
xl., 49.
Mass.
Archives,
ccxxiv., 312.
Mass.
Resolves,
Sept. Session,
chap. 188.

Mass.
Archives,
ccxxiv., 313.

RESOLVE PERMITTING ELIZABETH ETTER AND HER CHILD, OF
BRAINTREE, TO GO TO HER HUSBAND AT HALIFAX, N. S.

On the Petition of Elizabeth Etter of Braintree, praying that
she and her Child (about four Years old) may have Liberty to go
to her Husband at Halifax in Nova-Scotia, by the first convenient
Opportunity:

Resolved, That the Petitioner and her Child be permitted to go
to Halifax in Nova-Scotia, by the first Cartel, on Condition that
she do not return to this State again without Leave therefor from
the Government of this State. [Passed October 6.

CHAPTER 427

Legislative
Records of the
Council,
xl., 50.
Mass.
Archives,
ccxxiv., 309.
Mass.
Resolves,
Sept. Session,
chap. 172.

Mass.
Archives,
ccxxiv., 310-311.
Province
Laws, XX., 367,
chap. 970; 38(5,
chap. 1000.

RESOLVE DEDUCTING £520 OUT OF THE NEXT STATE TAX OF THE
TOWN OF CONWAY. £400 BEING A FINE AND £120 A BOUNTY FOR
FOUR MEN TO RE-ENFORCE THE CONTINENTAL ARMY.

On the Petition of Jonathan Whitney, Agent for the Town of
Conway, praying that the Fine of Four Hundred Pounds laid on
said Town of Conway may be taken off, and that said Town may
be allowed One Hundred and twenty Pounds, as a Bounty paid
to four Men to reinforce the Continental Army for the Terra of
nine Months, agreeable to a Resolve of the General Court passed
April 20th, 1778: Therefore

Resolved, That the Prayer of said Petition be granted, and that
there be deducted out of the next State-Tax to be laid on the said
Town of Conway, the Sum of Five Hundred and twenty Pounds,
for the Reasons set forth in said Petition. [Passed October 6.

CHAPTER 428.

LeiBrislative
Records of the
Council,
xl., 50.
Mass.
Archives,
ccxxiv., 307.

RESOLVE DIRECTING JOSEPH WRIGHT, ONE OF THE COLLECTORS
OF PITTSFIELD, TO COLLECT THE STATE TAXES FROM THE IN-
HABITANTS OF ASHUELOT EQUIVALENT.

On the Petition of Joseph Wright, one of the Collectors of the
Town of Pittsfield, setting forth the Difficulties he laboured under
in collecting the State Taxes laid on the Inhabitants of the Ash-
awelot Equivalent:

[2d Sess.] Resolves, etc. — 1779-80. 205

Resolved, That the said Joseph Wright be and he hereby is Mass.
directed to proceed agreeable to his Warrant, and collect from the se'pt'.'lfe^ssion
Inhabitants of the Ashawelot Equivalent aforesaid the several chap. iS3.
Sums at which they are assessd, making the Law his Rule and ^lass
Guide, notwithstanding any Determinations of said People what- ccxxi'^rm
soever. [Passed October 6.

CHAPTER 429.

VOTE CHOOSING HON. JOHN HANCOCK, ESQ., CAPTAIN OF THE Legislative

CASTLE AND THE FORT ON GOVERNOR'S ISLAND. Records of the

Council,
xl., 51.

In the House of Representatives ^}^t-

Arcni V6S

The House, by Ballot, unanimously made Choice of the Hon. ccxxiv., 323.
John Hancock, Esq., as Captain of the Castle, and Fort on R^oives,
Governor's Island, in the Harbour of Boston. •''^p* "i^f '°"'

' chap. US.

In Council

Read and Concurred. [Passed October 6. chap! 420"

CHAPTER 430.

VOTE CHOOSING COL. BURBECK CAPTAIN-LIEUTENANT OF THE Legislative
CASTLE AND THE FORT ON GOVERNOR'S ISLAND. c^icif °^

xl., 51.

In the House of Representatives *\rd!ives

The House, by Ballot, made Choice of Col. William Burbeck, as ccxxiv., 327.
Captain-Lieutenant of the Castle, and Fort on Governor's Island, kMoives,
in the Harbour of Boston. f^Pj; f^^^'""-

In Council

T^i i/^ irn 7/->7^ Supra, chap.

Read and Concurred. [Passed October 6. 429.

CHAPTER 431.

RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH LIEUT. Legislative
ANDREW GILMAN WITH CLOTHES, ETC., AGREEABLE TO A RE- Records of the
SOLVE OF THE 4th INSTANT, IN PREFERENCE TO ANY OTHER ^.^h^ '
PERSON. 'mLss.

Archives,

Resolved, That the Board of War be and hereby are directed to Mass. '
furnish Lieut. Andrew Gilman with Cloth sufficient for a Suit of Se'pt°. session,
Cloaths, Linen for three Shirts, two Pair of Stockings and one ^'^^p- ^^^-
Pair of Shoes, agreeable to the Resolve of the General Court ^"'«'- Pq,'^^-
passed the 4th Instant, in preference to any other Person. [Passed
October 6.

CHAPTER 432.

RESOLVE DIRECTING THE SHERIFF OF HAMPSHIRE COUNTY TO
REQUIRE BONDS OF COL. ISRAEL WILLIAMS AND ISRAEL WIL-
LIAMS, JR., FOR THEIR GOOD BEHAVIOR TOWARDS THIS STATE,
THAT THEY SHALL HOLD NO CORRESPONDENCE WITH THE
ENEMY NOR COUNTERACT ANY OF THE RESOLVES OF CON-
GRESS OR THIS STATE, AND CONFINING THEM TO THE TOWN
OF HATFIELD OR, ON REFUSAL TO GIVE BONDS, TO THE GAOL
IN NORTHAMPTON.

Whereas it has been represented to this Court bj^ the Com- Legislative
mittee of Correspondence, Inspection &c. of the Town of Hatfield, ^^1°^^ °^ ^^^
that Col. Israel Wilhams and Israel WiUiams jun. of said Hat- xi., 52. '

206

Resolves, etc. — 1779-80. [Chaps. 433, 434.]

Mass.
Archives,
clxxxv., 294.
Mass.
Resolves,
Sept. Session,
chap. I'.tO.

field, have lately taken the Liberty repeatedly to go beyond the
Limits set theni by the General Court in the Month of Decem-
ber, 1777, and it is judged not to be for the public Safety that
they should be permitted to go at large: Therefore

Resolved, That the Sheriff of the County of Hampshire be and
Archives, hereby is directed and required immediately to require the said

Prov^'uce^^'""^' ^^^- Israel Williams and Israel Williams, jun. to give Bonds with
Laws.'xx., 216, sufficient Sureties to Henry Gardner, Esq., Treasurer of this State,
chap. 554. j^^ ^j^^ g^j^^ ^£ Three Thousand Pounds each, for their good Be-

haviour towards this State, that they will not directly nor in-
directly by Writing, Conferring or any other Way hold up any
Correspondence with the Enemies of this State or any of the
United States of America, and that they will not by Word or
Deed counteract any Resolves or Acts that the Congress or this
State may or have passed for the Safety and Defence of the United
States, and that the said Israel the elder be confined to his own
House and Home-Lot, with Liberty to attend public W'orship
within the Town of Hatfield on Lords-Day's, and Israel W'illiams,
jun. be confined to the said Town of Hatfield, and not depart
without the further Order of the General Assembly of this State,
and in case they should refuse to give Bonds as aforesaid, in such
Case the Sheriff of the County of Hampshire is hereby directed
to commit them to the Gaol in Northampton, in the County of
Hampshire, and there confine them until they give the Bonds
beforementioned. [Passed October 6.

CHAPTER 433

Legislative
Records of the
Council,
xl., 54.
Mass.
Archives,
ccxxiv., .325.
RIass.
Resolves,
Sept. Ses.sion,
chap. 185.

RESOLVE EMPOWERING SAMUEL RUGGLES, ESQ., CLOTHIER FOR
THIS STATE, TO COLLECT AND RECEIVE THE STATE'S CLOTH-
ING NOW STORED IN CONNECTICUT.

W^HEREAS it is represented that a Quantity of Cloathing which
were procured by the Board of War of this State and sent to the
Army to be delivered to Levi Shephard, Esq., then Commissary
of this State, under the Direction of Gen. [Horatio]^ Gates, and
that Part of said Cloathing is now stored in some Part of Con-
necticut: Therefore

Resolved, That Samuel Ruggles, Esq., Clothier for this State, be
and he hereby is impowered and directed immediately to collect
and receive the same for the Use of that Part of the Continental
Army raised by this State. [Passed October 6.

CHAPTER 434

Legislative
Records of the
Council,
xl., 54.
Mass.
Archives,
ccxxiv., 326.
Mass.
Resolves,
Sept. Session,
chap. 184.

RESOLVE AUTHORIZING JOHN WAITE, DANIEL MOULTON, ESQUIRES.
AND COL. DUMMER SEWALL TO GIVE PERMITS FOR CATTLE TO
P4SS FROM THE COUNTIES OF LINCOLN, CUMBERLAND AND
YORK, THROUGH THE STATE OF NEW HAMPSHIRE FOR THE
ARMY AND COUNTIES SOUTHWARD OF THE STATE OF NEW
HAMPSHIRE.

W'HEREAS it is represented to this Court that sundry Persons of
the Counties of Lincoln, Cumberland and York have a Number of
Cattle and Sheep that will be much for their Interest to bring
into the Counties Southward of the State of New-Hampshire:
Therefore

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 314.

{2b Sess.] Resolves, etc. — 1779-80. 207

Resolved, That John Waite, Esq., in the County of Cumberland,
and Daniel Moulton, Esq., of the County of York, and Col.
Dummer Sewall in the County of Lincoln, appointed by this Court
to give Permits for Cattle to pass through the State of New-
Hampshire for the Army, be and they are hereby authorized to
give Permits also to such Persons as may drive Cattle and Sheep
from said Counties into the other Counties of this State, South-
ward of the State of New-Hampshire, upon their giving sufficient
Bonds to said Sewall, Waite and Moulton, that such Cattle and
Sheep be drove to and disposed of in the Counties of this State
aforesaid. [Passed October 6.

CHAPTER 435.

RESOLVE GRANTING £120 TO JOHN PITCHER FOR LOSS OF HIS
HORSE, SADDLE AND BRIDLE AT RHODE ISLAND.

On the Petition of John Pitcher, praying for an Allowance for Mass.
his Horse, Saddle and Bridle, which he lost on Rhode-Island, in sept'.'Fession,
the late Expedition there: "hap. 174.

Resolved, That there be allowed and paid out of the Public
Treasury of this State the Sum of One Hundred and twenty
Pounds to the said John Pitcher, in full for the Loss of his Horse,
Saddle and Bridle aforesaid, and that the same be charged to the
Continent. [Passed October 6.

CHAPTER 436.

RESOLVE TRANSFERRING THE TRIAL OF THE LIBEL OF JOSEPH
OTIS AND OTHERS AGAINST THE SCHOONER BETSEY FROM THE
MARITIME COURT OF THE SOUTHERN DISTRICT TO THAT OF
THE MIDDLE DISTRICT.

Whereas a Libel hath been filed in the Maritime Court for Legislative
the Southern District in Behalf of Joseph Otis and others, against councif, °^ ^^'^
a certain Schooner called the Betsey, her Cargo and Appurte- ?■ - 29.
nances, and the Judge of the same Court hath notified a Court Archives,
to be held at Plymouth within said District on the 4th Tuesday ulfs^" ^^^'
of October current, to try the Justice of said Capture, which ?''*°*^®®g' . ^
Schooner has since the Seizure thereof been brought into the Port chap'. 207.
of Boston and is still there, and as there is no other Cause pending
in said Southern District it would be attended with Inconvenience
to the District to summon and to require the Attendance of a
Jury in one Case only: Therefore, It is

Resolved, The Justice of the Capture of the said Schooner, her
Cargo and Appurtenances, upon the Libel aforesaid, shall be tried
and determined at the Maritime Court which shall be holden in
and for the Middle District next after the said 4th Tuesday of
October current, in like Manner as the same would have been
tried and determined, in Case the said Schooner had been first ^^
brought within the same District and the Libel duly filed in the
same Court, and the Proceedings thereon shall be taken, held and
deemed to all Intents and Purposes equally valid in Law; any
Law to the contrary notwithstanding. [Passed October 7}

1 This date is same in Massachusetts Resolves, but October 4 according to Leg-
islative Records of the Council.

208

Resolves, etc. — 1779-80. [Chaps. 437-439.J

CHAPTER 437.

RESOLVE PERMITTING RICHARD CRANCH, ESQ., AGENT FOR THE
ESTATE OF JOHN BORLAND, ESQ., ABSENTEE, TO CUT WOOD
FROM THE WOOD LOT IN BRAINTREE FOR THE USE OF HIS OWN
FAMILY.

Legislative
Records of the
Council,
xl., 30.
Mass.
Archives,
ccxxiv., 350.
Mass.
Resolves,
Sept. Session,
chap. 195.

Mass.
Archives,
ccxxiv., 351.

On the Petition of Richard Cranch, Esq., Agent for the Estate
of the late John Borland, Esq., an Absentee, praying that he
might have Liberty to cut from a Wood Lot in Braintree, belong-
ing to said Estate, so much Wood as he may want for the Use of
his own Family, until the further Order of this Court, he paying
for the same:

Resolved, That the Petitioner be and he hereby is permitted and
allowed to cut and bring away from said Wood Lot in Braintree,
so much Wood as he may want for the Use of his own Family,
and no more, until the further Order of this Court; he rendering
to the Judge of Probate for the County of Suffolk a just and true
Account of the Quantity of Wood by him so taken, and account-
ing for the same in such Way and Manner as Agents on Absentees
Estates are by Law obliged to account for the Produce of such
Personal Estate of said Absentees as may be by them sold.
[Passed October 7.^

CHAPTER 438.

RESOLVE GRANTING A LOTTERY OF £30,000 TO THE TOWN OF
SHEFFIELD TO REBUILD THE BRIDGE OVER HOUSATONOCK
RIVER AS SOON AS THE PRESENT STATE LOTTERY IS FINISHED,

Legislative
Records of the
Council,
xl., 50.
Mass.
Archives,
ccx.xiv., 349.
Mass.
Resolves,
Sept. Session,
chap. 173.

Mass.
Archives,
ccxxiv., 348.

On the Petition of a Number of the Inhabitants of the Town
of Sheffield, in the County of Berkshire, setting forth that the
great Bridge (so called) over Housatonock River in said Town,
on the great Road leading from Connecticut to Albany and divers
other Parts of New-York, is so out of Repair that it is dangerous
to pass the same with the Loads which are constantly transported
over it for the Use of the Public in the Northern Department,
and praying for a Lottery to enable said Town to rebuild said
Bridge:

Resolved, That a Lottery be granted for the above Purpose, to
be for a Sum of Thirty Thousand Pounds, and the Petitioners have
Liberty to report the Scheme of a Lottery accordingly, not to
commence until the present State Lottery shall be finished.
[Passed October 7 ?■

CHAPTER 439

Legislative
Records of the
Council,
xl., 52.
Mass.
Archives,
ccxxiv., 342.
Mass.
Resolves,

RESOLVE GRANTING £41,444. Is. 6d. TO EBENEZER PARSONS AND
EBENEZER LANE FOR BREAD, OATMEAL, BUTTER, PORK, BEEF,
PORTER AND CANDLES TAKEN BY COL. ALLAN AT MACHIAS.

The Committee of both Houses, to whom was committed Col.
John Allan's Letter and the Papers accompanying the Same, have
considered thereon and heard one of the Owners of the Brig Alice
and find that the said Col. Allan took out of the said Brig 170|
Barrels of Pork, 63 Barrels of Beef, 7 Casks of Porter, 82| lb. of

' This date is same in Massachusetts Resolves, but October 4 according to Leg-
islative Records of the Council. , , , ^ •• i

2 This date is October 6 according to Legislative Records of the Council and
Massachusetts Resolves.

[2d Sess.] Resolves, etc. — 1779-80. 209

Candles, 99:0:16 of Bread, 99:2:17 of Oat Meal, 268:1:8 of ;^^pJ- f^^f «"•
Butter, all of which was the Property of Mr. Ebenezer Parsons

and Mr. Ebenezer Lane, which Provisions were necessarily taken Archives,

by said Allan for the use and service of the Soldiers and Indians. *'<"''"^ • ^43-347.

Your Committee are of Opinion that the said Parsons and Lane

ought to be reasonably paid for the same. Your Committee

therefore asks leave to report by way of Resolve, all which is

humbly Submitted.

Aaron Wood per Order.

Resolved, That there be allowed and paid out of the public
Treasury of this State to Mr. Ebenezer Parsons and Mr. Ebenezer
Lane, the Sum of Forty-one Thousand four Hundred and forty-
four Pounds one Shilling and six Pence, in full for Ninety-nine
Hundred sixteen Pounds of Bread, Ninety-nine Hundred two
Quarters and seventeen Pounds of Oatmeal, Two Hundred and
Sixty-eight Hundred one Quarter and eight Pounds of Butter,
One Hundred forty-four Barrels and an Half of common Pork,
Ten Barrels of Mess Pork, Fifty-two Barrels of common Beef,
Eleven Barrels of Mess Beef, Sixteen Barrels of Pork Heads, Seven
Casks of Porter, Eighty-two and one half Pounds of Candles;
the said Col. Allan to be accountable for the Expenditure of the
said Articles. [Passed October 7.^

CHAPTER 440.

RESOLVE APPOINTING SAMUEL AUSTIN, ESQ., AND COL. SAMUEL
THATCHER TO JOIN WITH THE COMMITTEE FOR METHODIZ-
ING AND SETTLING ACCOUNTS FOR THE PURPOSE OF COLLECT-
ING ALL CHARGES AGAINST THE OFFICERS AND SOLDIERS IN
THE CONTINENTAL ARMY.

Whereas this Court have impowered the Committee (who have Legislative
been sent to the Army) to agree on Time and Place for the Meet- coundf, °^ *''^
ing of a Committee from this Court, with such Committee as shall ^{^ ^^■
be appointed by the Officers of the Army for the Purpose of Archives,
settling the Accounts of the Officers and Soldiers: Therefore Mass^" ^''^'

Resolved, That Samuel Austin, Esq., and Col. Samuel Thatcher ^esoives,

, . , . . • 1 1 /-( • 11 • . ''ept. session,

be appointed to join with the Committee who have been appointed chap. 203.
to methodize and settle the Accounts of this State for the Purpose Ante, p. i78,
of collecting from the Board of War, Treasurer's-Office and other- '^^^^- ^^^-
ways, all Charges against the Officers and Soldiers in the Con-
tinental Army raised in this State, and said Committee are ordered
to lay the said Accounts before this Court as early as possible in
the next Session. [Passed October 7.

CHAPTER 441.

RESOLVE PERMITTING LOVE FRYE TO SEND HER TWO SONS, BEN- Legislative

JAMIN AND JOHN, TO THEIR FATHER AT NEW YORK. Records of the

Council,
xl., 56.

On the Petition of Love Frye, praying that she may be per- ^r^Sivcs
mitted to send her two Sons, Benjamin and John, to their Father cixxxv., 345.
at New-York by the first Cartel, for Reasons set forth in said Reives,

Petition: Sept. Session,

Resolved, That the said Love Frye be and hereby is permitted - — ' — ■

1 This date is October 6 according to Legislative Records of the Council and ^vvw ''^•?44
Massachusetts Resolves. cixxxv., m.

210

Resolves, etc. — 1779-80. [Chaps. 442, 443.]

to send her two Sons, Benjamin and John, to their Father at
New- York by the first Cartel, not to return again to this State
without Leave of the General Court. [Passed October 7,

CHAPTER 442

Legislative
Records of the
Council,
xl., 56.
Mass.
Resolves,
Sept. Session,
chap. 205.

RESOLVE GRANTING £1,350 TO LEVI SHEPHARD, ESQ., COMMIS-
SARY, AND EDMUND GALE, DEPUTY COMMISSARY, FOR WAGES
AND RATIONS FROM 1777 TO 1779 AND 1778 TO 1779.

Resolved, That there be allowed and paid out of the public
Treasury of this State to Levi Shephard, Esq., [Commissary]^ the
Sum of One Hundred and twelve Pounds, for his Wages from
June the 2nd 1777 to January 2nd 1778, and for Rations for the
above Term, the Sum of One Hundred and twenty-six Pounds;
and also the Sum of Three Hundred and twenty Pounds for his
Wages from January 2nd 1778 to May 2nd 1779; and the Sum of
Four Hundred and eighty Pounds for his Rations for the same
Term of Time, amounting in the whole to the Sum of One
Thousand and thirty-eight Pounds, in full of his Account; and
to Edmund Gale, Deputy Commissary the Sum of One Hundred
and twenty Pounds for his Wages from the 1st of June 1778 to
the 1st of April 1779; and the Sum of One Hundred and eighty
Pounds for his Rations the above Term of Time; and also the
sum of Twelve Pounds fifteen Shillings for his extra Services,
amounting in the whole to the Sum of Three Hundred and
twelve Pounds fifteen Shillings, in full of his Account, and that
the Committee appointed to methodize the Accounts of this State
be directed to settle with them accordingly. [Passed October 7.

CHAPTER 443.

Legislative
Records of the
Council,
xl., 57.
Mass.
Archives,
ccxxiv., 359.
Mass.
Resolves,
Sept. Session,
chap. 197.

Mass.
Archives,
ccxxiv., 360,
361.

RESOLVE DISCHARGING THE TOWN OF BRIMFIELD FROM MAIN-
TAINING THE BRIDGE OVER CHICOPEE RIVER AND LAYING
THE SAME ON THE COUNTY OF HAMPSHIRE.

On the Petition of Joseph Moffat, and others, Inhabitants of
the Town of Brimfield, praying that a Bridge laying over Chekebee-
River, between the Town of Brimfield and the Town of Palmer,
in the County of Hampshire, may no further be maintained by the
Town of Brimfield, for the Reasons set forth in said Petition:

Resolved, That the Prayer of the Petition be granted, and that
the Town of Brimfield be and they hereby are discharged from
maintaining and repairing said Bridge, and that the said Bridge
be maintained and repaired by the said County of Hampshire;
any Law or Order of this State to the contrary notwithstanding.
[Passed October 7.

1 Province Laws, xx., 13, chap. 17; Massachusetts Archives, cxlvi., 463.

[2d Sess.] Resolves, etc. — 1779-80. 211

CHAPTER 444.

RESOLVE GRANTING £73. 10s. TO CAPT. ABIEL LOVEJOY FOR SUB-
SISTENCE OF A GUARD OF FIVE MEN ON THEIR RETURN TO
POWNALBOROUGH, HAVING BROUGHT TWELVE PRISONERS TO
BOSTON.

Rcsolred, That there be paid out of the Treasury of this State {^^^^^]|^*'^f ^j^^
to Capt. Abiel Lovejoy the Sum of Seventy-three Pounds ten Cwncif,
Shillings, to enable him to subsist a Guard of five Men on their ^^^^•
return to Pownalborough, who guarded twelve Prisoners from ^g^^^'^^^g-gj^j^
thence to Boston, and that the said Lovejoy lay his Account of chap. 206^'
Expences in bringing said Prisoners from thence before the Com-
mittee of Accounts for Examination and Allowance. [Passed
October 7.

CHAPTER 445.

RESOLVE DIRECTING THE TREASURER TO BORROW FROM JOHN
BRADFORD, ESQ., AGENT FOR THE UNITED STATES, £41,420. Is. 6d.
AND PAY THE SAME TO EBENEZER PARSONS AND EBENEZER
LANE, OWNERS OF THE PRFVATEER WASP, IN FULL FOR THE
ARTICLES TAKEN BY COL. ALLAN, SUPERINTENDENT OF INDIAN
AFFAIRS AT MACHIAS.

Whereas Col. John Allan, Superintendent of Indian Affairs at Legislative
Machias, has for the Use of the United States taken into his Hands Councif,°
a Quantity of Bread, Pork, Beef, Butter, Porter, Candles, &c., ^.i^^^-
out of a Prize Brigantine, captured by the Private armed Vessel, Archives
called the Wasp, John Somes Commander: Therefore Mass. "

Resolved, That the Treasurer of this State be and he is hereby se'j^t'sfs'sion,
directed to borrow of John Bradford, Esq., Agent for the United chap. 200.
States in this Department, the Sum of Forty-one Thousand, four A7ite, p. 208,
Hundred and twenty Pounds one Shilling and six Pence, and "^ ^^'
credit the United States for the same, and pay said Sum into the
Hands of Ebenezer Parsons and Ebenezer Lane, Owners of said
Private armed Vessel Wasp, and are properly authorized to receive
the same, which Sum is in full for the Articles taken by said John
Allan, Esq., Superintendent of Indian Affairs at Machias (who is
to be accountable to this Court for the Expenditure of the same)
as appears by the Accounts exhibited. [Passed October 7.

CHAPTER 446

RESOLVE SETTING ASIDE THE JUDGMENT WHICH DR. SYLVESTER
GARDINER, NOW^ AN ABSENTEE, SECURED IN A FRAUDULENT
WAY AGAINST BRIGGS HALLOWELL WHILE BOSTON WAS IN
POSSESSION OF THE BRITISH TROOPS.

Whereas it appears that Doct. Sylvester Gardiner, late of Relwds'of the
Boston, now an Absentee, did in a fraudulent Way while the ^,°"IJP^^'
Town of Boston was in the Possession of the British Troops, ob- uLs.'
tain Judgment of Court against Briggs Hallowell, then of the ^cTiiV^?354.
County of Lincoln: Mass

Resolved, That said Judgment be set aside to all intents and Sept. Session,
purposes, and that said Briggs Hallowell be put in the same Situa- ^^^^- ^^^'

tion as to his Debt and Lands as if no such Judgment had been ^rlfhives
obtained. [Passed October 7. ccxxiv., 355.

212

Resolves, etc. — 1779-80. [Cil\ps. 447-449.]

CHAPTER 447.

Legislative
Records of the
Council,
xl., 62.
Mass.
Archives,
ccxxiv., 362.
Mass.
Resolves,
Sept. Session,
chap. 202.

RESOLVE PROHIBITING THE PRISONERS AT RUTLAND RECEIVING
OR SENDING LETTERS WITHOUT BEING INSPECTED AND DI-
RECTING TIL\T COPIES OF THIS RESOLVE SHALL BE POSTED IN
SEVERAL PLACES AT AND NEAR THE BARRACKS.

Whereas it has been represented to this Court that many
Letters sealed have passed to and from the Prisoners in the Bar-
racks at Rutland, to the Hurt and Damage of this State: There-
fore

Resolved, That no Letters from and after the 15th Day of Octo-
ber instant shall pass to or from the Prisoners that now are or
that may be confined in the Barracks at Rutland, without their
being inspected by some Person appointed by the Council for said
purpose; said Inspector shall inform the Honorable Council of any
Letter or Letters thus inspected that may have a tendency to hurt
or damage this or any other of the United States, and that any
Person who shall carry to or bring from said Prisoners aforesaid,
any Letter or Letters sealed or unsealed, without the Notice of
said Inspector, shall be subject to be put under Guard and kept by
said Inspector for a certain Time not exceeding Forty-eight Hours;
and a Copy of this Resolve shall be posted up in several Places at
and near said Barracks, for the Information of all whom it may
concern. [Passed October 7.

CHAPTER 448.

Legislative
Records of the
Council,
xl., 62.
Mass.
Archives,
ccxxiv., 368.
Mass.
Resolves,
Sept. Session,
chap. 208.

RESOLVE PERMITTING HON. JAMES LOVELL, ESQ., WITH HIS FAM-
ILY TO OCCUPY ONE HALF OF THE HOUSE, LATE SIR WILLIAM
PEPPERRELL'S, IN SEVEN STAR LANE, BOSTON.

Resolved, That the Hon. James Lovell, Esq., with his Family, be
permitted to remove into and occupy one half the House late
belonging to Sir William Pepperrell in Seven Star Lane^ in Boston,
until the further Order of the General Court, he to pay such Rent
as the General Court shall order. [Passed October 7.

Legislative
Records of the
Council,
xl., 62.
Mass.
Archives,
ccxxiv., 367.
Mass.
Resolves,
Sept. Session,
chap. 201.

Province
Laws, v., 1116,
chap. 15.

CHAPTER 449.

RESOLVE DIRECTING THE SECRETARY TO PUBLISH AN ACT IN
ADDITION TO THE EMBARGO ACT IN THE BOSTON AND WORCES-
TER NEWSPAPERS.

Resolved, That the Secretary of this State be and he hereby is
directed to cause the Act intituled "An Act in Addition to an Act
intituled An Act to prevent the Transportation of sundry Articles
out of this State," to be published in the Boston and Worcester
News-Papers. [Passed October 7.

1 Seven Star Lane w^as Summer Street from 1708. See A Record of the Streets,
Alleys, Places, etc., in the City of Boston, Boston, 1910.

[2d Sess.] Resolves, etc. — 1779-80. 213

CHAPTER 450.

RESOLVE EXTENDING THE TIME FOR CALLING IN THE BILLS OF
CREDIT UNDER SIX SHILLINGS UNTIL JUNE 1st.

Whereas there was a Resolve passed this Court May 28, 1779, i-egisiative
for lengthening the Time for receiving into the Treasury of this Council.
State the several Bills of Credit emitted by this State of the De- ua^.'
nominations under Six Shillings, and for exchanging the same, and Archives,
whereas the Time limited by said Resolve for exchanging said Bills Mass. '
has expired, and it being represented to this Court that there is septsSsion,
still a considerable Number of said Bills in the Hands of Indi- chap. los.

viduals who have not had Opportunity to exchange the same: Ante, p. 8,

rr\i X' chap. 3.

1 heretore

Resolved, That the Treasurer of this State be and he hereby is
impowered and directed to receive of any Person offering the same
any of the Bills aforesaid, and to give others in exchange for the
same until the 1st Day of June next, any Law or Resolve of the
General Court to the contrary notwithstanding. [Passed October 7.

CHAPTER 451 .

RESOLVE GRANTING £1,341. 16s. TO CAPTAINS WILLIAMS AND PEAL
OF SALEM FOR MANNING SHIPS AND ARMED VESSELS FOR THE
PENOBSCOT EXPEDITION.

The Committee appointed to settle the Accounts with the Cora- Legislative
mittees appointed by the General Court the 30th of June last, for c^^dt °^ ^''^
Manning the Ships and armed Vessels for the Expedition to the xi., 63.
Eastward, have examined and settled the Accounts of Captains k^oives,
[George]^ Williams and [Jonathan]^ Peal, of Salem, and find there cha*^' 19?^°"'
is a Balance due to them of Thirteen Hundred and forty-one 7~r — 7Z —
Pounds sixteen Shillings : chap! 233.

Resolved, That there be paid out of the Public Treasury of this
State the above Sum of Thirteen Hundred and forty-one Pounds
sixteen Shillings, which is in full of their Accounts. [Passed
October 7.

CHAPTER 452.

Legislative
Records of the
RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TWO S°"fiT"'
BLANKETS TO COLONELS TUPPER AND LITTLEFIELD, ACCORD- m ' f'
ING TO RESOLVE OF JUNE, 1778. Archives,

ccxxiv., 364.

On the Petition of Col. Benjamin Tupper and Lieut. Col. Resolves,
[John] 2 Littlefield : fhTp. Im"^'"'

Resolved, That the Board of War deliver unto said Colonels mIII
Tupper and Littlefield two Blankets, they paying for them agree- '^'^''^'"^''g'gs
able to a Resolve passed the General Court June 1778. [Passed Province

Orfnhpr 7 Laws, xx., 451,

uciooer t . ^j^^p ^^

1 Ante, p. 69, chap. 134.

^ Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 879.

214

Resolves, etc. — 1779-80. [Ciiaps. 453-455.]

CHAPTER 453

VOTE REFERRING SEVERAL ACCOUNTS PASSED BY THE COMMIT-
TEE OF THE COUNCIL TO THE STANDING COMMITTEE FOR
METHODIZING AND SETTLING ACCOUNTS.

Legislative
Records of the
Council,
xl., 58.
Mass.
Archives,
ccxxiv., 369.
Mass.
Resolves,
Sept. Session,
chap. 192.

Mass.
Archives,
ccxxiv., 370.

The Committee of both Houses appointed the 27th of Sep-
tember last to examine the Accounts of the Committee of Council
for paying Accounts, and for enquiring into the Expenditure of
the several Sums which said Committee have received by order of
Court for that Purpose, beg Leave to report as their Opinion that
as it will be necessary the several Accounts paid off by said Com-
mittee should be lodged in the Hands of Mr. John Deming and
others, a standing Committee of this Court, for their Inspection,
and as the said Deming and others have several Articles of Charge
against said Committee of Council, it therefore becomes highly
expedient that the Accounts referred to should be adjusted by Mr.
John Deming and others, a Committee of this Court appointed
for the Purpose of settling Accounts, and said Committee be
directed to report said Adjustment to this Court at their next
Session. [Passed October 8.^

Legislative
Records of the
Council,
xl., 59.
Mass.
Archives,
ccxxiv., 371.
Mass.
Resolves,
Sept. Session,
chap. 213.

Mass.
Archives,
ccxxiv., 372.

CHAPTER 454.

RESOLVE PERMITTING INHABITANTS OF RHODE ISLAND, OWNING
FARMS IN THIS STATE, TO TRANSPORT THE PRODUCE OF SUCH
INTO RHODE ISLAND.

On the Letter from the Hon. William Green, Esq., Governor
of the State of Rhode-Island:

Resolved, That all such Persons belonging to the State of Rhode-
Island as own Farms in Rehoboth and other Towns within this
State be and hereby are permitted to transport the Produce of
such Farms from this State to the State of Rhode-Island, provided
they first give Satisfaction to the Selectmen or Committee of
Correspondence of the Towns where the Farms lay that the Arti-
cles they are about Transporting were the Produce of their Farms,
and were not purchased of the Inhabitants of this State, in which
Case the Selectmen or Committee of Correspondence of such
Towns are hereby directed to grant them a Permit for the Trans-
portation of said Articles to the State of Rhode-Island. [Passed
October 8}

CHAPTER 455

Legislative
Records of the
Council,
xl., 60.
Mass.
Archives,
ccxxiv., 377.

RESOLVE DISCHARGING JOHN THOMS AND OTHERS, PRISONERS
BROUGHT FROM PENOBSCOT, FROM THEIR CONFINEMENT, DE-
SIRING THE COUNCIL TO ORDER THE COMMANDING OFFICER
OF THE COUNTY OF LINCOLN NOT TO SUFFER SMALL SCOUTING
PARTIES TO MOLEST THE INHABITANTS OF PENOBSCOT.

The Committee of both Houses that were appointed to consider
the Letter from Brig. Gen. Charles Gushing, with the Papers
accompanying the same, have attended that Service, and upon
the enquiring into the Conduct and Behaviour of John Thorns,

» Thi.s date is' October 7 according to Legislative Records of the Council and
Massachu.setts Resolves. ^ , -

- This date is same in Ma.ssachusetts Resolves, but October 7 according to
Legislative Records of the Council.

[2d Sess.] Resolves, etc. — 1779-80. 215

Stephen Lampheer, Roderick McDonnald, Edward Smith, Robert ^^s.
Douglass and LauchHn McDonnald, Prisoners brought up from Sept. Session,

Penobscot, are of Opinion that they have not acted otherways "^^'^p- ^Q'*-

than many honest Men would have done under the like Circum-
stances; therefore beg Leave to report the following Resolve:

Benjamin White per Order.

Resolved, That the said John Thoms, Roderick McDonnald,
Edward Smith, Robert Douglass, they giving Bonds in the Sum
of One Hundred Pounds each, to the Treasurer of this State, with
sufficient Sureties for their good Behaviour, be discharged from
their present Confinement, and that the Honorable Council be
desired to send Orders to the Commanding Officer of the County
of Lincoln not to suffer small scouting Parties to molest or disturb
the Inhabitants of Penobscot under their present distressed Cir-
cumstances.

Read and Accepted. [Passed October 8.^

CHAPTER 456.

RESOLVE DIRECTING THE BOARD OF WAR TO FIT OUT ONE OR Legislative
MORE VESSELS FOR THE EASTERN SHORES FOR FIREWOOD FOR Records of the
THE TROOPS IN AND ABOUT BOSTON. xl^eT

Mass.

The Committee of both Houses appointed to devise further ccLiV., 375.
Means of supplying the Troops in and about Boston with Wood ^^oives
have attended that Service and ask leave to report by way of Sept. Session,
Kesolve:

Resolved, That the Board of W^ar be and they are hereby directed Archives,
to fit out one or more Vessels to such Part of the Eastern Shores exhi., 168;
of this State as they shall judge most safe for Fire- Wood for the
Purpose of supplying the Troops in and about Boston the ensuing
Winter.

Read and Accepted. [Passed October 8.^

CHAPTER 457.

RESOLVES RECOMMENDING TO THE SELECTMEN OF THE TOWNS
IN THE COUNTY OF LINCOLN TO OFFER RELIEF TO THE INHAB-
ITANTS WHO HAVE FLED FROM PENOBSCOT AND DIRECTING THE
TREASURER TO STAY EXECUTIONS IN THE SAID COUNTY.

The Committee of both Houses on the Petitions of Samuel ^^^dsolthe
McCobb and others, and the Petition of the Selectmen of the Council,
Towns of Winslow, Vassalborough, Winthrop and Hallowell, Mass!'
setting forth the distressed Circumstances of the Inhabitants of g^^^'^^^l'go
the County of Lincoln who have been driven from their Homes Mass. "
by the Enemy and also of the Inability of the Inhabitants of said se^pt*.'s?ssion,
County to pay their Taxes praying for an abatement, &c., have chap. 194.

attended that Service and ask leave to Report by way of Re- Mass.

1 Archives,

solve: clxxxv., 359-302.

Resolved, That it be and it is hereby recommended to the Select-
men of the Towns in the County of Lincoln, to which any of the
Inhabitants of said County who lately resided at or near Penob-
scot, have fled for Safety from the Enemy, that they supply such
of said Inhabitants with the Necessaries of Life as are unable to

^ This date is October 7 according to Legislative Records of the Council and
Massachusetts Resolves.

216

Resolves, etc. — 1779-80. [Chaps. 458, 459.]

support themselves, until the further Order of the General Court,
and lay their Accounts before this Court for Allowance and Pay-
ment.

Resolved, That the Treasurer of this State be and he is hereby
directed to stay Execution to the Constables of the several
Towns in the County of Lincoln until the 3rd Wednesday of the
next Setting of the General Assembly; any Order or Resolve of
this Court to the contrary notwithstanding.

Read and Accepted. [Passed Oetoher 8}

CHAPTER 458.

RESOLVE PERMITTING LEONARD JACOBEE AND DANIEL EDWARDS
OF PENNSYLVANLA. TO TRANSPORT OUT OF THIS STATE TWO
WAGON LOADS OF DRY GOODS NOW DETAINED AT WORCESTER.

Legislative
Records of the
Council,
xl., 65.
Mass.
Archives,
ccxxiv., 398.
Mass.
Resolves,
Sept. Session,
chap. 221.

Mass.
Archives,
ccxxiv., 399.
Province
Laws, XX.,
1114, chap. 13.

On the Petition of Leonard Jacobee and Daniel Edwards, of
the State of Pennsylvania, representing that before the late Act
of Embargo, they purchased a Quantity of dry Goods, and had
sent them forward in two Waggons as far as Worcester, where
they have ever since been detained at a very great Expence:

Resolved, That the Prayer of the Petitioners be granted, and
that the said Leonard Jacobee and Daniel Edwards be and hereby
are permitted to transport by Land out of this State in two
Waggons, the Articles of dry Goods mentioned in their Petition;
any Act of this State laying an Embargo to the contrary notwith-
standing. [Passed October S.

CHAPTER 459.

RESOLVES REQUESTING THE COUNCIL TO MAKE STRICT INQUIRY
INTO THE DETACHING 1,500 MEN FOR THE PENOBSCOT EXPEDI-
TION, TO SEND A COPY OF THE REPORT ON THE FAILURE OF SAID
EXPEDITION, AND THE PAPERS ACCOMPANYING THE SAME, TO
CONGRESS, AND DIRECTING THE SECRETARY TO PUBLISH THE
REPORT IN A BOSTON NEWSPAPER AS SOON AS THE COURT-
MARTIAL OF THE COMMODORE IS OVER.

Legislative
Records of the
Council,
xl., 65.
Mass.
Archives,
cxlv., 349a.
Mass.
Resolves,
Sept. Session,
chap. 222.

Mass.
Archives,
cxlv., 350.
Ante, p. 125,
chap. 244.

The Committee of both Houses appointed to enquire into the
Reasons of the Failure of the late Penobscot Expedition have,
after giving due Notice to the Commanders by Land and Sea and
cited such Persons as the Committee judged most likely to give
the best Account of the Reasons of the Failure aforesaid, proceeded
to enquire into the Causes of said Failure.

Gen. [Solomon]^ Lo veil's Narrative of his Proceedure with the
Councils of War by Land and Sea and the Depositions of the
several Witnesses delivered in on this Enquiry accompany this
Report and the Opinion of your Committee upon the aforesaid
Subject will appear as follows:

Question 1st. Is it the Opinion of this Committee that they
have made sufficient Enquiry into the Causes of the Failure of
the late Expedition to Penobscot?

Answer. Unanimously, Yes.

Question 2nd. What appears to be the principal Reason of the
Failure?

Answer. Unanimously, Want of proper Spirit and Energy on
the part of the Commodore.

' This date i.s October 7 according to Legislative Records of the Council and
Massachusetts Resolves.

* Massachusetts Soldiers and Sailors in the Revolutionary War, ix., 1010.

[2d Sess.] Resolves, etc. — 1779-80. 217

Question 3d. Was Gen. Lovell Culpable in not Storming the
Enemies principal Fort according to requirement of the Commo-
dore and Naval Council who insisted upon that as the Condition
of our Ships attacking the Enemies Ships, when at the same time
the Commodore informed him that in Case of such an Attack he
must call the Marines on board their Ships (the last was not made
a part of the Condition by the Naval Council)?

Answer. Unanimously, No.

Question 4th. What in the Opinion of this Committee was the
Occasion of the total Destruction of our Fleet?

Answer. Principally the Commodore's not exerting himself at
all at the time of the Retreat in opposing the Enemies foremost
Ships in pursuit.

Question 5th. Does it appear that Gen. Lovell throughout the
expedition and the Retreat acted with proper Courage and Spirit?

Answer. Unanimously, Yes, and it is the Opinion of the Com-
mittee had he been furnished with all the Men ordered for the
Service or been properly supported by the Commodore he would
probably- have reduced the Enemy.

Question 6th. Does it appear that [Dudley Saltonstall] ^ the
Commodore discouraged any Enterprizes or offensive Measures on
the part of our Fleet?

Answer. Unanimously, Yes, and though he always had a Ma-
jority of his Naval Council against offensive Operations which
Majority was mostly made up of the Commanders of private
Armed Vessels yet he repeatedly said it was Matter of favor that
he called any Councils and when he had taken their Advice he
should follow his own Opinion.

As the Naval Commanders in the Service of the State are par-
ticularly Amenable to the Government the Committee think it
their Duty to say that each and every of them behaved like
brave, experienced, good Officers throughout the whole of the
Expedition.

Question 7th. What was the Conduct of Brig. [Peleg]^ W^ads-
worth during his Command?

Answer. Brig. Wadsworth (the Second in Command) through-
out the whole Expedition, during the Retreat and after, untill
ordered to return to Boston, conducted with great Activity,
Courage, Coolness and Prudence.

The Committee find the Number of Men ordered to be de-
tached for this Service were deficient nearly one Third. Wliether
the shame full Neglect is chargeable upon the Brigadiers, Colonels
or other Officers whose particular Duty it might have been to
have faithfully executed the Orders of the General Assembly they
cannot Ascertain.

Artemas Ward per Order.

Present, Gen. [Artemas]^ W^ard, Gen. [Jonathan]'^ Titcomb, Mr.
[Francis]^ Dana, Gen. [Michael]^ Farley, Gen. [Timothy]^ Daniel-
son, Maj. [Samuel]^ Osgood.

Note, Hon. Mr. [William]^ Sever not present at all at the En-
quiry and Colonels [James] ^ Prescott and [Moses]" Little, absent
when this report was made.
In Council
Read and Accepted

In the House of Representatives
Read and Concurred and thereupon

I Post, chap. 694.

* Ante, p. 129, chap. 254.

3 Ante, p. 125, chap. 244.

218

Resolves, etc. — 1779-80. [Chaps. 460, 461.]

Resolved, That the Honorable Major Part of the Council be and
they hereby are requested immediately to order a strict enquiry
into the disobedience of the Orders of this Court for detaching
1500 Men for the Service of the Penobscot Expedition, and to
cause such Punishment as the Militia Law provides to be inflicted
on any of the Brigadiers or other Militia Officers who may be
found Delinquent on such enquiry: And it is further

Resolved, That a Copy of this Report and the Papers accom-
panying the same be transmitted by the Honorable Council with-
out delay to the Honorable Congress, that they may take such
order thereon, as to them may seem most conductive to public
Justice; and the Secretary is hereby directed to cause the Report
of this Committee to be Published in one of the Boston News-
Papers as soon as the Court-Martial now sitting in Boston upon
the Commodore shall be over. [Passed October 8.^

CHAPTER 460

Legislative RESOLVE GRANTING LIBERTY TO WILLIAM BURBECK AND OTHERS

C^ndf ""^ *^^ TO BRING IN A BILL AT THE NEXT SESSION FOR THE INCOR-

xl., 68. '

Resolves,
Sept. Session,
chap. 215.

Mass.
Archives,
clxxxv., 356,
357.

PORATION OF THE MASSACHUSETTS CHARITABLE SOCIETY.

The Committee on the Petition of William Burbeck and others
beg Leave to report the following Resolve:

Resolved, That the Prayer of the Petitioners be granted, and that
the Petitioners have Liberty to bring in a Bill at the next Sitting
of the General Court for [the Incorporation of the Massachusetts
Charitable Society for],^ the Purposes mentioned in said Petition.
[Passed October 8.

CHAPTER 461.

VOTE REQUESTING THE COUNCIL TO PRESENT TO THE CONTI-
NENTAL CONGRESS THE EXPOSED CONDITION OF THE WESTERN
FRONTIER, ESPECL\LLY SINCE THE OPENING OF A ROAD FROM
NEWBURY, ON CONNECTICUT RIVER, TOWARDS THE ENEMY'S
COUNTRY.

Legislative
Records of the
Council,
xl., 68.
Mass.
Archives,
ccxxiv., 397.
Mass.
Resolves,
Sept. Session,
chap. 223.

Mass.
Archives,
cci., 309;
ccxxiv., 270.

The Committee of both Houses appointed to consider a Letter
from Col. [Moses] ^ Hazen to Col. [Moses] ^ Little, dated Camp,
Haverhill, [New Hampshire], September 22, 1779, together with
two other Letters to the same Purpose, accompanying the same,
beg leave to report:

That a Letter be written to the President of Congress setting
forth the exposed Condition of the Western Frontiers of this
State, more especially since the opening a Road from Newbury,
[Vermont]^ on Connecticut River, towards the Enemies Country;
and the Necessity of Col. Hazen's or some other Regiment being
stationed there for its Defence. And as it is the Opinion of the
Committee that the State of New-Hampshire is equally, if not
more exposed, the Committee further report that another Letter

> This date is according to Legislative Records of the Council and Massachusetts
Resolves; the final date in Massachusetts Archives is missing, but is same in chrono-
logical index made in 1877- 18S0.

2 Massachusetts Archives, clxxxv., 356.

' Of the Second Canadian Regiment, otherwise Congress's Own. — Heitman's
Historical Register of the Officers of the Continental Army; Pennsylvania Archives,
2d Series, xi., 99.

■• Of Newbury. — Massachusetts Soldiers and Sailors of the Revolutionary War,
ix., 870.

5 Built in 1776 and 1779 by Gen. Jacob Bayley and Col. Moses Hazen from
Newbury, Vermont, to Westfield, Vermont, near the Canada Line. — Frederic P.
Wells's History of Newbury, Vermont, 1902.

[2d Sess.] Resolves, etc. — 1779-80. 219

be written to the President and Council of that State requesting
them to make a similar Representation to the President of Con-
gress as aforesaid.

Sam[ue]l Ad aims per Order
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed October 8.

[The Letter follows.] ^

Council Chamber, Oct. 22, 1779.

Sir

The Council are informed that Col. Hazen has opened a Road
from Newbury to within 30 Miles of Canada, and that his Regi-
ment is ordered away, in Consequence of which the Frontiers of
this State and those of New Hampshire, and also the public
Stores deposited in that Quarter, may be exposed to the Incur-
sions and Ravages of the Savages, unless Col. Hazen's Regiment is
ordered to continue or other suitable Force stationed there. The
Council therefore make this Representation to the Honorable
Congress and request, if that Part of the Country is without
proper Force for its Defence and Security of the public Stores
that such Measures may be taken as the Exigency of the Case
shall rec{uire.

I am &c.

President.

To the Hon. Samuel Huntington, Esq.
President of Congress.

CHAPTER 462.

RESOLVE DIRECTING JOHN FELLOWS, ESQ., BRIGADIER OF BERK-
SHIRE COUNTY, TO CAUSE THE COMMISSIONS OF THE OFFICERS
IN COL. SIMONDS'S REGIMENT TO BE ALTERED FROM THE 3rd
TO THE 2nd REGIMENT AND OF THE OFFICERS IN COL. ROSSI-
TER'S REGIMENT FROM THE 2nd TO 3rd REGIMENT SO THEY
MAY AGREE WITH THE FIELD OFFICERS.

Whereas it appears to this Court that the Commissions of the Legislative
Captains and Subalterns of Col. [Benjamin]- Simonds's Regiment councif, **^ ^'^"^
are made out in such Manner as that they are called of the 3rd xi . 69.
Regiment, when they should have been called of the 2nd, and the Archives,
Commissions of the Captains and Subalterns in Col. [David] ^ Ros- MaS^'^^^'
siter's Regiment are made out in such Manner as that they are Resolves,
called of the 2nd Regiment, when they ought to have been called chap. 210.
of the 3rd, by means whereof great Disturbance and Uneasiness
hath arisen in the County of Berkshire: Therefore

Resolved, That John Fellows, Esq., Brigadier in the County of
Berkshire, be and he hereby is directed immediately on receipt of
this Resolve, to cause the Commissions of the Captains and
Subalterns in Col. Simonds's Regiment to be altered from the
3rd to the 2nd Regiment, and the Captains and Subalterns Com-
missions in Col. Rossiter's Regiment from the 2nd to the 3rd,
agreeable to the original Intent and Design, so as that they may
agree with the Commissions of the Field Officers in the respective
Regiments aforesaid. [Passed October 8.

1 Massachusetts Archives, Letters, 1776-80, 141.

- Massachusetts Soldiers and Sailors of the Revolutionary War, xiv., 239.

3 Ibid., xiii., 597, 598; Massachusetts Archives, cciv., 1.

220

Resolves, etc. — 1779-80. [Chaps. 463-465.]

Le^lative
Records of the
Council,
xl., 69.
Mass.
Archive.^,
ccxxiv., 394.
Mass.
Resolves,
Sept. Session,
chap. 220.

Mass.
Archives,
ccxxiv., 395.

CHAPTER 463.

RESOLVE MAKING AN ESTABLLSHMENT FOR A GUARD AT FREE-
TOWN.

Ox THE Petition of Nathaniel Morton of Freetown, in behalf
of said Town, praying for an Allowance to the Guard kept in said
Town :

Resolved, That the Guard aforesaid shall be allowed and paid
over and above their Continental Pay and Rations the following
Sums, viz. to the Commanding Officer of said Guard Twelve
Pounds, and to each non-commissioned Officer and private Soldier
Thirteen Pounds for every Kalendar Month while in said Service.
[Passed October 8.

CHAPTER 464.

RESOLVE PERMITTING MATTHEW BRIDGE TO SELL A LOAD OF
SALT. WHICH HE LATELY TRANSPORTED FROM WINCHENDON
TO KEENE. N. H., PROVIDED HE WILL BRING ONE TON OF FLOUR
(OR THE VALL^ IN WHEAT) TO BOSTON AND SELL THE SAME
AT THE REGULAR PRICE.

Legislative
Records of the
Council,
xl., 70.
Mass.
Archives,
ccxxiv., 392.
Mass.
Resolves,
Sept. Se.ssion,
chap. 219.

Mass.
Archives,
ccxxiv., 393.
Province
Laws, XX.,
1114, chap. 13.

On the Petition of Matthew Bridge, praying that he may be
indemnified in disposing of one Load of Salt, which he has trans-
ported from Winchendon to Keen in the State of New-Hampshire,
for Reasons therein mentioned:

Resolved, That INIatthew Bridge be and he hereby is permitted
to make Sale of one Load of Salt, which he lately transported
from Winchendon to Keen in the State of New-Hampshire:
Provided, he give sufficient Bond to the Treasurer of this State
that he will bring one Tun of Flour (or the Value thereof in
Wheat) to Boston, and sell the same for Money at the regulated
Price, any thing in the Embargo Act to the contrary notwith-
standing. [Passed October 8.

CHAPTER 465

Legislative
Records of the
Council,
xl., 70.
Mass.
Resolves,
Sept. Scs.sion,
chap. 224.

RESOLVE GRANTING £285 TO JONATHAN WEBB FOR BOARDING
THREE INDIANS AND THEIR INTERPRETER.

On the Memorial of Jonathan Webb praying Allowance of his
Account for Boarding three Indians and their Interpreter:

Resolved, That there be allowed and paid out of the public
Treasury of this State to Jonathan Webb the Sum of Two Hun-
dred and eighty-five Pounds in full of his Account herewith ex-
hibited.^ [Passed October 8.

' Account not found in Massachusetts Archives.

[2d Sess.] Resolves, etc. — 1779-80. 221

CHAPTER 460. SSfofu,.

Council,
RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER GEN. PAT- MjLss"'
TERSON A SUIT OF CLOTHES AGREEABLE TO A RESOLVE OF Archives.
JUNE, 177S. ccxxiv., 390.

Mass.
Resolves,

On the Petition of Brig.-Gen. [John] ^ Patterson, praying he ^j^p*- f^g**'""'
may be supplied with a Suit of Cloaths:

Resolved, That the Board of War be directed to deliver to Brig.- Archives,
Gen. Patterson Cloth for a Suit of Cloaths, he paying for the same p,?^vince^'
agreeable to a Resolve of the General Court of June, 1778. Laws, xx., 4.51,
[Passed October 8. *^ ^'^'

CHAPTER 467.

Legislative
RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH CROCKER Records of the
SAMPSON, QUARTERMASTER, AND OTHER OFFICERS WITH ONE S'^^T '
RUG EACH AGREEABLE TO RESOLVE OF JUNE. 1778. Mass

Archives,

Resolved, That the Board of War be and hereby are directed to Mass. "
furnish Crocker Sampson, Q. M. and David Paterson, Lieutenant se*pt*.^Session.
in Col. [Gamaliel]^ Bradford's Regiment, and Henry Adams, '^^^p- ^'^-
Surgeon's Mate in Col. [James] ^ Wesson's Regiment, with one Province
Rug each, agreeable to a Resolve passed in June, 1778. [Passed ch^^.'Ts!"
October 8.

CHAPTER 468.

Legislative

VOTE CHOOSING JOHN FOSTER WILLIAMS TO COMMAND THE C^ncif °^ ^^^
STATE SHIP PROTECTOR. xl.. 71.

Mass.
Archives,

In the House of Representatives ^^"'''^ • ^^'^-

„ iVluss

The House, by Ballot, made Choice of John Foster Williams, Resolves.
Esq., to command the [State]" Ship Protector chap. 22? '''"'

In Council ^„«e. p. 76,

Read and Concurred. [Passed October 8. chap. 142.

CHAPTER 469.

RESOLVE FOR RAISING £4,500 BY' A LOTTERY FOR REBUILDING A
BRIDGE OVER HOUSATONOCK RIVER IN THE TOWN OF SHEF-
FIELD, APPOINTING MANAGERS AND PUBLISHING THE SCHEME,
RULES AND REGULATIONS IN THE WORCESTER AND HARTFORD
PAPERS.

Whereas this Court have passed a Resolve for rebuilding a Legislative
Bridge over Housatonock River, in the Town of Sheffield, and as counclf. °^ *^^
it is thought expedient that a Lottery or Lotteries should be set ^■< 7i-
on Foot for raising a Sum of Money for the Purpose aforesaid: Archives.
Therefore ^^'^- ^s^-

Resolved, That a Sum not exceeding Four Thousand five Hun- Resolves,
dred Pounds be raised by a Lottery or Lotteries by a Deduction of chap'. 212.
Fifteen per Cent, upon the Amount of the Tickets; that John Ante, p. 208,
Fellows, Esq., Capt. Ezra Fellows, Capt. William Bacon, Col. chap! 438.

1 Massachusetts Soldiers and Sailors of the Revolutionary War, xi., 1025.

- Ibid., ii., 402.

3 Ibid., xvi., 882.

* Ante, p. 76, chap. 142.

222

Resolves, etc. — 1779-80.

[CiL\p. 470.

John Ashley, jun. and Theodore Sedgwick, Esq., or any three of
them shall be Managers of said Lottery or Lotteries, and who shall
be sworn to the faithful discharge of said Trust, and shall give
Bond to the Treasurer of this State in the Sum of Five Hundred
Pounds each for the Performance of the Trust hereby reposed in
them, which said Managers shall make and publish in the Worces-
ter and Hartford Papers a Scheme for said Lottery or Lotteries
as soon as may be, agreeable to this Resolve, and they shall also
therewith publish all necessary Rules and Regulations for the Man-
agement thereof, all Prizes shall be paid without any Deduction.
[Passed October S.

CHAPTER 470

Legislative
Records of the
Council,
xl., 72.
Mass.
Archives,
ccxxiv., 384.
Mass.
Resolves,
Sept. Session,
chap. 218.

A7ite, p. 35,
chap. 67.

RESOLVES REQUIRING THE SELECTMEN OR COMMITTEE OF EACH
TOWN AND PLANTATION TO RENDER AN ACCOUNT OF ALL SUP-
PLIES FURNISHED SOLDIERS' FAMILIES, ALSO ALL BOUNTIES,
GRATUITIES AND EXPENSES ON PAIN OF A FINE OF £100.

Resolred, That the Selectmen or Committee of each Town and
Plantation in this State be and they hereby are required to render
under Oath a full Account of all Supplies furnished before the 15th
of October instant (whereof an Account is not already exhibited)
and also of all Bounties and Gratuities given, whether by Town
or Plantation, or any Individual, to every Soldier and Family of a
Soldier, raised as Part of this State's Proportion of the Continental
Army for Three Years or during the War; the Account of Supplies
to be in Form agreeable to a Schedule directed by this Court on
the 8th of June last, and the Time of delivering every Article of
Supply as well as of every Sum of Money is to be carefully noted,
and the Town for which every Soldier is particularly doing Serv-
ice, if known; and the Selectmen and Committees aforesaid are
hereby required to cause the above Account to be lodged in the
Secretary's Office by the several Days herein respectively assigned
them, viz. the Selectmen or Committees in the Counties of Suffolk,
Essex, Middlesex, Plymouth and Bristol, on or before the 1st
Day of November next; the Selectmen or Committees in the
Counties of Barnstable, Worcester, Hampshire and York, on or
before the 5th Day of November next; the Selectmen or Com-
mittees in the Counties of Berkshire, Cumberland and Lincoln,
on or before the 10th Day of November next: And the Selectmen
and Committees aforesaid ar6 directed to exhibit an Account of
the Expences incurred in the Performance of this Service, to pro-
ceed in supplying the Families of the said Soldiers, agreeable to
the Directions of former Resolves of this Court made for this
Purpose, under the Penalties therein provided.

And whereas a strict Obedience to this Resolve, in order to a
speedy Settlement with the Army, is of great Consequence to the
Community:

Resolved, That if the Selectmen or Committees of any Town or
Plantation in this State, who have had the Charge of supplying
the Families of the Soldiers aforesaid, shall neglect a punctual
Compliance with this Requisition: The Selectmen or Committee
so neglecting, shall individually forfeit, to the Use of this State,
One Hundred Pounds; for the Recovery whereof, the Treasurer of
this State is hereby impowered and directed to issue his Execution
upon each Selectman or Member of a Committee so neglecting,
upon receiving Notice of such Neglect from the Secretary. [Passed
October S.

[2d Sess.] Resolves, etc. — 1779-80. 223

CHAPTER 471 .

RESOLVE DIRECTING THE COMMITTEE FOR ENQUIRING INTO {^egislative
THE FAILURE OF THE PENOBSCOT EXPEDITION TO ENQUIRE CoSnc f
INTO THE CONDUCT OF THE OFFICERS OF ARTILLERY AND xl., 73. '
MILITIA. Mass..

Archives,
1/-1 • (»T-< ■• i-n-i /> ccxxiv., 383.

Resolved, That the Committee tor Jbnquiry into the l-'ailure ot Mass.
the Penobscot Expedition, be directed to enquire into and report Se*p°. Session,
to this Court the Conduct of the Officers of Artillery, and the "'^'^p- ^i^-
Militia Officers employed in the late Expedition to Penobscot. ^«<«. P;^^'^'
[Passed October 8.

CHAPTER 472.

RESOLVE APPOINTING HON. SAMUEL FREEMAN, ESQ., AND OTHERS
A COMMITTEE TO ENQUIRE INTO COMPLAINTS MADE BY THE
SELECTMEN AND COMMITTEE OF CORRESPONDENCE, &c., OF
FALMOUTH.

The Committee appointed to consider the Petition of Stephen Legislative
Hall, President of the Committee of Safety of the County of^^Jf^^'^^
Cumberland, and report what is proper to be done thereon, ask xi., 73.
Leave to report the following Resolve: Archives,

Resolved, That the aforesaid Petition be committed to the Hon. mSs^ ' ^'^'^'
Samuel Freeman, John Lewis and William Gorham, Esquires, a Resolves,
Committee appointed and authorized to make Enquiry into the chap. '2n^'°°'
Complaints made by the Selectmen and Committee of Correspond- Mass.

ence, &c. of Falmouth, in their Letter of the 29th of September last. •V^''^®^Q'nn_o,,

-n.1 i» im 7/^7r> clxxxv., 309-311.

Read and Accepted. [Fassed Uctober 8.

CHAPTER 473.

VOTE FOR PUBLISHING IN THE BOSTON AND WORCESTER NEWS-
PAPERS "AN ACT TO PREVENT DESERTERS FROM THE AMERICAN
TROOPS ENTERING ON BOARD SHIPS OF WAR" PASSED JUNE 29
LAST, AND THAT A COPY OF SAID ACT BE TRANSMITTED TO
GENERALS WASHINGTON AND GATES THAT THE SAME MAY BE
COMMUNICATED TO THE ARMY IF THEY SEE FIT.

The Committee of both Houses appointed upon the applica- Legislative
tion of Col. Thomas Marshall, in behalf of himself and the rest of ^l'^^^^ °^ *^®
the officers of the Massachusetts brigades, in the Continental xl., 74.
army, have attended that service, heard Col. [Benjamin]^ Tupper Archives,
upon the subject, beg leave to report as their unanimous opinion, ^'""^■' ^^'^■
That the Secretary be directed to publish in all the Boston Thurs- Resolves,
day's news-papers, and in the Worcester news-paper, three weeks chap. '67*^'°"'
successively, for the benefit of the publick, " An Act to prevent ^^^
Deserters from the American troops entering on board ships of Archives,
war," passed June 29, last; and that the consideration of the Province
remaining part of said application be referred to the next sitting ^hap.'g^" ^^^^'
of the General Assembly. The committee further report. That a
copy of the aforesaid act be transmitted to Gen. Washington and
to Gen. [Horatio]^ Gates, to the end that if they see fit, the same
may be communicated to the army in General Orders, or otherwise.

Which is submitted

Moses Gill per Order.

Read and Accepted. {Passed October 8.^

1 Massachusetts Soldiers and Sailors of the Revolutionary War, xvi., 144.

2 Heitman's Historical Register of the Officers of the Continental Army, p. 244.

' "The foregoing Resolve passed the last ses.sion, but being mislaid was not
printed in its proper place." — Massachusetts Resolves, November session, chap. 67.

224

Resolves, etc. — 1779-80. [Cel\ps. 474-476.J

CHAPTER 474

RESOLVE GRANTING THE BOARD OF WAR £200,000, IN ADDITION
TO THE £200,000 ALREADY IN THEIR HANDS TO PROCURE ARMED
VESSELS, TO PAY THE PERSONS TO WHOM THE PUBLIC IS IN-
DEBTED ON ACCOUNT OF THE PENOBSCOT EXPEDITION.

Legislative
Records of the
Council,
xl., 74.
Mass.
Archives,
ccxsiv., 415.
Mass.
Archives,
Sept. Session,
chap. 229.

Mass.
Archives,
cxlv., 367.
Ante, p. 135,
chap. 270.

Rcftolvcd, That the Treasurer of this State be and he hereby is
directed to pay to the Board of War Two Hundred Thousand
Pounds, out of the Money that shall be paid to him as the Pro-
ceeds of the Sales of the confiscated Estates, which Sum together
with the Two Hundred Thousand Pounds more which has been
ordered into their Hands to enable them to procure armed Vessels
for the Use of this State, the Board of War are hereby directed to
pay to the Persons to whom the Public is indebted, on Account of
the Penobscot Expedition, in proportion to the Sums due to
those Creditors respectively. And the Board of War are further
directed to procure from the Treasurer of this State the Securities
of this Government for the discharge of any Part of the Demands
of the Creditors aforesaid, in such Cases as they are willing to
receive the same, and the Treasurer is hereby directed to make
out and deliver Securities for such Sums as shall be applied by the
Board of War for this Purpose, dating such Securities on the Day
when the Sums became due, which they are respectively made out
to discharge. [Passed October 9.

CHAPTER 475

ORDER ACCEPTING THE RESIGNATION OF EBENEZER JONES, MAJOR
OF THE 2nd regiment IN WORCESTER COUNTY.

Legislative
Records of the
Council,
xl., 75.

In Council
Ordered, That the Resignation of Ebenezer Jones, Esq., Major
of the 2nd Regiment in the County of Worcester be and hereby
is accepted

In the House of Representatives
Read and Concurred. [Passed October 9.

CHAPTER 476.

Legislative
Records of the
Council,
xl., 75.
Mass.
Archives,
ccxxiv., 400.
Mass.
Resolves,
Sept. Session,
chap. 226.

Mass.
Archives,
ccxxiv., 401.
Province
Laws, XX., 716,
chap. 765.

RESOLVE DISCHARGING CALEB DAVIS, ESQ.. AND OTHERS, COM-
MITTEE TO MAKE SALE OF THE ESTATES OF THOMAS HUTCHIN-
SON, ESQ., AND OTHER ABSENTEES, OF £122,344. 10.s. Id.

The Committee on the Accounts exhibited by Caleb Davis,
Ebenezer Wales and Richard Cranch, Esquires, the Committee
appointed to make sale of the Estates of Thomas Hutchinson,
Esq., and others, beg Leave to report that the Account is properly
vouched, and right cast, except Four Pounds fourteen Shillings
and nine Pence mistake in favour of this State, and that the said
Committee have paid into the State Treasury One Hundred and
twenty-two Thousand three Hundred and forty-four Pounds ten
Shillings and one Penny, being the Proceeds of the Sales of the
said Estates, after paying all Charges: Therefore

Resolved, That the said Caleb Davis, Ebenezer Wales and Rich-
ard Cranch, Esquires, be discharged from the said Sum of One
Hundred and twenty-two Thousand three Hundred and forty-

[2d Sess.] Resolves, etc. — 1779-80. 225

four Pounds ten Shillings and one Penny, being the Proceeds of
the several Estates which they have sold, and which Sum they
have paid into the Treasury agreeable to the Order of the General
Court. [Passed October 9.

CHAPTER 477.

RESOLVE REQUESTING THE COUNCIL TO APPOINT A DAY OF
GENERAL FASTING AND PRAYER.

It being the indispensible Duty of a People in Times of public Legislative
Calamity to implore the Blessing of Heaven on all their Concerns, coundf, °^ *^*^
and as the present is a Day of great Expectation, and most im- ^ ■ 75. '
portant Plans are formed to extricate us from the Troubles wherein Archives,
we are involved, in the Execution of which we cannot promise Mass^" ^^^'
ourselves Success without the kind Interposition and Blessing of Kesoives,

... T^ . 1 mi i> Sept. Session,

divme Providence: Ihereiore chap. 228.

Resolved, That the Honorable the Major Part of the Council be
and hereby are requested to appoint a Day of general Fasting
and Prayer, wherein all Denominations of Christians may with
one Voice supplicate Heaven for Success.^ [Passed October 9.

CHAPTER 478.

VOTE CHOOSING WILLIAM GREENLEAF LIEUTENANT COLONEL Legislative
AND JOSEPH SERGEANT FIRST MAJOR OF THE 2nd REGIMENT Records of the
IN WORCESTER COUNTY. xCrT

Mass.

In the House of Representatives ccxxil^r^a.

The House, by Ballot, made Choice of William Greenleaf as nSves,
Lieutenant Colonel and Joseph Sergeant, First Major of the •'^ept. Session,

Second Regiment of Militia in the County of Worcester. ^-^ — '■

In Council
■ Read and Concurred. [Passed October 9.

CHAPTER 479.

RESOLVES FOR RAISING 2,000 THREE MONTHS' MEN BY LOT, DRAFT
OR ENLISTMENT TO RE-ENFORCE THE CONTINENTAL ARMY
AT CLAVERACK ON HUDSON'S RIVER, AND MAKING ESTABLISH-
MENT FOR SAME.

Whereas it is represented to this Court by a Letter from the i>egisiative
President of Congress, that authentic Intelligence has been re- coSndf, °^ *''"
ceived of the Arrival of Count D'Estaing with a powerful Fleet ^} • '^^■
to co-operate with the United States; in pursuance whereof the Xrciiives,
Commander in Chief of the American Armies has in the most mS^" ^''''~^"'
pressing Terms called upon this Court to raise a Number of ^ '^^P' o'^®,- •
Troops, not less than Two Thousand, as the Proportion of this chap'. 227.
state to join the Army under his immediate Command, in order
that he may be enabled by the vigorous Exertion of the said
United States, in Conjunction with those of their Allies, to strike
an important Blow against the common Enemy, and by the

1 Proclamation issued by Council, October 15, appointing November 4. — Mas-
sachusetts Archives, clxx., 433.

22G Resolves, etc. — 1779-80. [Chap. 479.]

Blessing of God put an End to this cruel and destructive War:
Therefore

Resolved, That two Thousand Men be immediately raised from
the Towns and Plantations in the Counties hereafter named, in the
following Proportions, viz. from the County of Suffolk, Two Hun-
dred and forty-one Men; from the County of Essex, Three Hun-
dred and fifty Men; from the County of Middlesex, Three Hun-
dred and fift^'-nine Men; from the County of Worcester, Four
Hundred and fifty Men; from the County of Hampshire, Four
Hundred Men; from the County of Berkshire, Two Hundred
Men; and the Brigadier or Commanding Officer of each Brigade
in the Counties aforesaid is hereby directed to proportion the
Men required of his Brigade upon the several Regiments under his
Command, and forthwith to issue his Orders to the Commanding
Officers of the said Regiments, requiring them respectively to
cause the several Companies under their Command to be im-
mediately mustered, and such Number of Men as they shall deter-
mine to be the Proportion of the several Companies in their
respective Regiments to be raised by Lot, Draft or voluntary
Inlistment, to serve in the Army of the United States for the
Term of three Months from the Time of their joining the Army,
unless sooner discharged. And if a Draft should be necessary for
raising the aforesaid Men, it shall be made from the Training
Band and Alarm List, and if any Person should be drafted, who
is not able of Body to serve in Person, he shall hire an able-
bodied Man in his Room, or pay a Fine of Fifty Pounds, within
Twenty-four Hours next after his being so drafted, if of Ability
to pay it in the judgment of the Major Part of the Selectmen of
the Town to which the Person so drafted belongs; and if deter-
mined not of Ability herefor, he shall in that Case pay such Part
of said Fine as the Selectmen aforesaid shall determine does not
exceed his Ability; and in Default thereof, the Person drafting
him shall issue his Warrant of Distress to the Clerk of the same
Company, or a Constable of the same Town, requiring him to
levy and collect the same by Distress and Sale of the Delinquent's
Goods and Chattels: And the Officer to whom such Warrant
shall be directed shall govern himself in the Execution thereof by
the Rules prescribed by Law for collecting public Taxes: And any
able-bodied effective Man who shall be drafted as aforesaid, and
duly notified thereof, if he does not within Twenty-four Hours
after, either procure some able-bodied effective Man in his Room
to the Acceptance of the Person who drafted him, or pay a Fine
of Fifty Pounds, he shall be considered as a Soldier in the Conti-
nental Army for the Term of three Months from the Time he shall
arrive at the Place of Rendezvous, to every Intent and Purpose;
and the Person who drafted such Delinquent shall deliver him over
to the Officer appointed to command the Company wherein he
was to serve, which Officer shall march him to the Place of Ren-
dezvous. And in any Town or Plantation where a Company shall
be destitute of a Captain and Subaltern, the Selectmen, and where
these are wanting, the Committee of Safety, &c. are hereby im-
powered and required to discharge all the Duties by these Resolves
required of the Commission Officers of a Company. It is further

Resolved, That the Brigadier or Commanding Officer of the
Brigades form the Men into Companies of Sixty-eight Men each
(including Officers) as near as may be, and also appoint proper
Officers to command the Companies in their respective Brigades
and order them to march to Clavarack on Hudson's River, with
all possible Expedition: And the Commanding Officers of the

f2D Sess.

Resolves, etc. — 1779-80.

227

Brigades in the Counties of Middlesex and Worcester shall form
the Men raised in their respective Brigades into one Regiment,
and appoint the Field Officers to command them: And the Brig-
adiers in the Counties of Suffolk and Essex shall form the Men
raised in both their Brigades into one Regiment, and appoint
Field Officers for the same: And the Brigadiers in the Counties of
Hampshire and Berkshire shall form the Men raised in both their
Brigades into one Regiment, and appoint Field-Officers to com-
mand them.

Resolved, That the Brigadiers aforesaid, in Cases where it will
conduce to the Good of the Service, and shall be agreeable to the
Militia, may appoint Men who are not in the command of the
Militia to Offices of the same Rank which they before sustained
(provided they have approved themselves good Officers) and rec-
ommend them to the Council that they may be commissioned ac-
cordingly.

Resolved, That the Commanding Officers of the aforesaid Regi-
ments appoint an Adjutant, Quarter-Master, Surgeon and Sur-
geon's-Mate for their Regiments respectively; the two former to
be taken from the Line.

Resolved, That the Honorable Council be and they hereby are
impowered and requested to appoint a Brigadier from the Militia,
or otherwise, to command the aforesaid Regiments; and that the
Brigadier appoint a Chaplain and a Brigade-Major for the Service
of the Brigade, and repair himself, and order his Officers to repair
without delay to Claverack, on Hudson's-River; there to receive
the Order of General Washington, or such Officer as he shall
appoint.

Resolved, That there be paid out of the Treasury of this State,
to the Officers and Men who shall perform the Service prescribed
by this Resolve, the following Sums per Month, in Addition to
their Continental Pay, viz.

A Brigadier, Sixty Pounds.
A Colonel, Forty-five Pounds.
Lieutenant-Colonel, Forty Pounds.
Major, Thirty-five Pounds.
Chaplain, Forty-five Pounds.
Brigade-Major, Thirty-five Pounds.
Adjutant, Thirty Pounds.
Quarter-Master, Twenty-four Pounds.
Surgeon, Thirty Pounds.

Surgeon's-Mate, Twenty Pounds.
Captain, Thirty Pounds.
Lieutenant, Twenty-four Pounds.
Serjeant, Eighteen Pounds.
Drum, Seventeen Pounds.
Fife, Seventeen Pounds.
Corporal, Seventeen Pounds.
Private, Sixteen Pounds.

Resolved, That the Officers of the Militia in the before-mentioned
Brigades be and they hereby are directed to apprehend every
Person who has deserted from any Corps in the Service of the
United States, within their Knowledge, and to deliver them to the
Commanding Officer of a Company raised in pursuance of this
Resolve; who is hereby directed to march such Deserter to the
Place of Rendezvous, and to deliver such as belong to any Corps
in the Army serving in that Quarter, to the Corps from which he
deserted, and such as do not belong to any Corps in that Quarter,
to retain in his own Company during the Time which his Detach-
ment shall continue in Service; and if such Deserter shall not then
have served the Time which remained to compleat his original
Engagement at the Time of his deserting, he shall in that Case be
delivered over to the Commanding Officer of some Corps still
remaining in Service, or suffer such other Punishment as the Reg-
ulations of the Army provide: And if any Person shall be guilty
of Desertion, who shall inlist or be drafted in pursuance of these
Resolves, the Commanding Officer of the Company from which he
inlisted or was drafted, shall cause him to be conveyed to the

228 Resolves, etc. — 1779-80. [Chap. 479.]

Board of War in Boston, who shall send him on board some Vessel
in the Service of this or the United States, there to do Duty for a
Term not less than three, or more than six Months, without being
intitled to any Prize-Money whatever, and out of his Wages shall
be paid the Charge incurred by Reason of his Desertion.

And to the End that no Deserter may remain unpunished:

Resolved, That if there shall be found in any Town any Person
who shall desert from the Detachment ordered by this Resolve, or
who has deserted from any former Detachment, and the Militia
Officers, Selectmen and Committee in the same Town being know-
ing thereto, shall neglect to perform the Duty by this Resolve
prescribed them, for bringing such OflFender to Punishment, the
Inhabitants of such Town shall incur as a Penalty for every
Offender, respecting whom they shall be thus delinquent, the Sum
of Five Hundred Pounds; which Sum shall be added to the next
State Tax of such Town or Plantation.

Resolved, That if any Prisoner or Deserter from the Enemy be
inlisted or drafted for this Service, no Place shall have any Credit
therefor, either in their Number of Men raised or the Money they
may pay him.

Resolved, That any Brigadier or Commanding Officer of a Bri-
gade, who shall refuse or neglect the Duties enjoined by these
Resolves, shall, on being convicted thereof, be forthwith dismissed
from his Office; and every Commanding Officer of a Regiment who
shall neglect the Duties by these Resolves required of him, shall
be reported by his superior Officer to the General Court; and
every Commanding Officer of a Company who shall neglect the
Duties by these Resolves required of him, shall, for each Man
deficient from the Company to which he belongs, forfeit and pay
the Sum of One Hundred Pounds; and all Fines and Forfeitures
incurred in Consequence of this Resolve, shall be to the Use of the
State, and shall be sued for in an Action of Debt by such Person
as the General Court shall hereafter appoint for this Purpose.

Resolved, That every Man who shall inlist or be detached in
Consequence of these Resolves, shall, if able to do it, supply
himself with a good Firelock, Bayonet, Cartouch-Box, Haversack
and Blanket; and if the Selectmen shall judge any Man belonging
to the same Town that shall inlist or be drafted for this Service
not of ability to procure these Articles himself, they shall supply
him with them, or such of them as he cannot procure.

And that no reasonable Encouragement may be wanting to
induce Men chearfully and speedily to offer themselves on this
signal Occasion:

Resolved, That the Selectmen of each Town and Committee of
each Plantation in the Counties aforesaid, be and they hereby are
directed to pay out of the Treasury of their respective Towns and
Plantations the Sum of Thirty Pounds to each Non-commissioned
Officer and Private Soldier detached as aforesaid, being properly
armed and equipped, and the further Sum of Two Shillings per
Mile as Milage, from such Town to the Place of Rendezvous, and
to exhibit an attested Account of such Milage, with the proper
Vouchers, to the Committee on Accounts for Examination and
Payment; and the Amount of the Bounties shall be deducted
from the next State-Tax levied on such Town. And if any Town
or Plantation shall be so far lost to every Sentiment of Honour,
Safety and Interest, as to fail of the fullest and readiest Com-
pliance with this Requisition:

Resolved, That such delinquent Town or Plantation shall, for
every Man which they shall fail of supplying, properly equipped,

[2d Sess.] Resolves, etc. — 1779-80. 229

with all possible Expedition incur a Penalty of such Sum as the
General Court shall hereafter determine; which Sum shall be
added to the next State-Tax of such Town and Plantation.
[Passed October 9.

CHAPTER 480.

RESOLVE PERMITTING LE BLANC TO TRANSPORT GOODS, Legislative

SUGAR, COFFEE AND SALT TO ALBANY, N. Y. CoSncif

xl, 81.

On the Petition of Le Blanc, [a Frenchman residing at Archives,

Albany] ^ praying that he may have Leave to transport out of '^^J' '*'''^-
this State to Albany, two Trunks of Goods, one Hogshead of Resolves,
Sugar, and one of Coffee, and twenty Bushels of Salt: chap'/23a'°"'

Resolved, That the Prayer of the Petition be granted, and that ^^j[^_

Le Blanc be permitted to transport out of this State to ^'"|''?^^^''.„,

Albany, two Trunks of Goods, one Hogshead of Sugar, one of Province
Coffee and twenty Bushels of Salt; any Embargo of this State ^top.'is'.' ^^^^'
to the contrary notwithstanding. {Passed October 9.

CHAPTER 481.

RESOLVES VESTING THE COUNCIL WITH CERTAIN POWERS
DURING THE RECESS.

Whereas it may be of great public Utility that until the Sitting Legislative
of the next General Court, certain Powers should be lodged in councif,°
Council, other than those they are usually vested with: Mass''

Resolved, That the Honorable Council (until the next Sitting of Archives,
the General Court) be and they hereby are fully authorized and m^s^ '
impowered to nominate and appoint, as Occasion may require, se^p°'sK;'sion
such Commission Officers in any of the Land Forces, armed chap. 232.
Vessels or Vessels of War, in the Service and Pay of this State,
and also in the Militia, whose Places by Death or otherwise are or
may in the Recess of the Court become vacant, as to them shall
appear fit and necessary, and put them under the Command of
such Officer or Officers as they shall judge proper.

Resolved, That the Major Part of the Council shall have full
Power and Authority to examine, allow and pass upon the Pay-
RoUs of the Sea-Coast Men, and their Commissary Accounts, and
also the Pay-RoUs of the Militia who may have been in the
Service and those in the Sea Service, any Act or Resolve to the
contrary notwithstanding.

Resolved, That the Honorable Council be and they are hereby
impowered to convene the Great and General Court or Assembly
at an earlier Day than that to which it shall next be adjourned
or prorogued, if they shall judge the public Service to require it.
And it is further

Resolved, That the Honorable Council be and they hereby are
authorized and impowered to detach from the Militia of this
State, under the proper Officers of the said Militia, in such Manner

' Massachusetts Archives, ccxxiv., 404.

230 Resolves, ETC. — 1779-80. [Chap. 481.]

as they may think best, any Number not exceeding Four Thou-
sand, to do Duty out of this State, but upon this Continent, in
such Places as they or the Commander in Chief of the American
Army shall direct, the same to continue in Service for the Term
of two Months, unless sooner dismissed by the Commander in
Chief of the Department where the said Militia may be doing
Duty, or may be recalled by Order of the Council or General
Court of said State. ^ [Passed October 9.

* Adjourned to November 10. — Legislative Records of the Council, xl., 83.

;;3d Sess.] Resolves, etc. — 1779-80. 231

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Tenth Day of November, A.D. 1779.

CHAPTER 482.

RESOLVE IMPOWERING JONATHAN WINSHIP TO PROCEED TO THE
EASTERLY PART OF THIS STATE, RECEIVE CATTLE STOPPED
BY THE COMMITTEE OF FALMOUTH AND RETURN WITH SAME
TO THE USE OF THE NAVY BOARD IN BOSTON.

On the Petition of the Continental Navy-Board, setting forth Legislative
that Mr. Jonathan Winship was employed by them to procure Coundf. °^ *''^
Beef for the Supply of the Continental Navy, and that said ff ^''
Winship had, by one Mr. Greely, purchased (in the Easterly Part Archives,
of this State) one Hundred Head of Cattle for the abovesaid mS^ ' ^^°
Purpose, but as the said Greely was bringing forty-nine Head of Resoives,
said Cattle through the Town of Falmouth, in the County of chap. i^^*'°"'
Cumberland, the Committee of said Town of Falmouth have Mass.
stopped said Cattle, by virtue of an Act of the General Assembly cV!Sdl^^4in-4>i
of this State passed September 23, 1779: Therefore Province

Resolved, That the said Jonathan Winship be and he hereby dfap.' 13.' '''^'
is impowered, or any Person for or under him, to proceed to the
Easterly Part of this State and to receive and bring forward said
Cattle, to the Use of the Navy-Board, in the Town of Boston;
and the Committee of the said Town of Falmouth are hereby
directed to deliver said Cattle accordingly, any Law of this State
to the contrary notwithstanding. [Passed November 11.

CHAPTER 483

RESOLVE ADVANCING £180 TO EDWARD ALLINE, CLERK TO THE
STATE CLOTHIER, TO ENABLE HIM TO PROCEED TO FISHKILL,

N. Y.

On the Petition of Edward Allen [Alline]S praying for a Sum Legislative
of Money to be advanced him, to enable him to proceed to Fish- coS'*^**'^
Kill, to act as Clerk to the Clothier appointed by this State: ^J-^^-

Resolved, That the Treasurer of this State be and he is hereby Archives,
directed to pay to the said Edward Allen [Alline] the Sum of One mSs""'""^
Hundred and eighty Pounds, to enable him to proceed, he to be ^T^s^' i n
accountable for the same out of the Sum that shall hereafter be chap. 2^'"''°"'
granted him for his Service. [Passed November 11. Mass.

Archives,
1 Massachusetts Archives, ccxxiv., 424. ccxxiv., 424.

232

Resolves, etc. — 1779-80. [Chaps. 484-487.]

CHAPTER 484

RESOLVE DESIRING CHARLES PHELPS, ESQ., TO COMMUNICATE ALL
SUCH PAPERS AS RELATE TO THE CLAIMS OF THIS STATE TO
THE STATE OF VERMONT (SO CALLED) TO THE COMMITTEE OF
BOTH HOUSES.

Legislative
Records of the
Council,
xl., 88.
Mass.
Archives,
clxxxv., 401.
Mass.
Resolves,
Nov. Session,
chap. 3.

Mass.
Archives,
clxxxv., 398HiOO.

On the Petition of Charles Phelps, Esq., representing that he
is possessed of sundry Papers of Importance to elucidate the
Claims of this State to lands in what is called the State of Ver-
mont, now in dispute between the adjacent States:

Resolved, That Charles Phelps, Esq., be desired to communi-
cate to the Committee of both Houses appointed last Session
to consider the Resolutions of Congress for settling the Disputes'
relative to the Claims on the State of Vermont (so called) all such
Papers as he is possessed of important to the Claims of this State,
[Passed November 11.

Mass.
Archives,
ccxxiii., 436.

Ante, p. 125,
chap. 244.

Legislative
Records of the
Council,
xl., 88.
Mass.
Archives,
ccxxiv., 425.
Mass.
Resolves,
Nov. Session,
chap. 6.

Ante, p. 72,
chap. 138.

CHAPTER 485.

ORDER ADDING NATHAN GUSHING AND OTHERS TO THE COMMIT-
TEE TO ENQUIRE INTO THE FAILURE OF THE PENOBSCOT EX-
PEDITION IN THE ROOM OF WILLIAM SEVER AND OTHERS.

Ordered, That Nathan Cushing, Joseph Simpson and Aaron
Wood, Esquires, be of the Committee to enquire into the failure
of the Penobscot Expedition in the room of William Sever, Francis
Dana and Timothy Danielson, Esquires, joined. [Passed Novem-
ber 11.

CHAPTER 486.

RESOLVE DIRECTING THE COMMITTEE ON ACCOUNTS TO EX.A.MINE
AND ADJUST THE ACCOUNTS OF SHIRTS, SHOES AND STOCKINGS
AGREEABLE TO RESOLVE OF JUNE 21st LAST.

Resolved, That the Committee on Accounts be a Committee to
examine and adjust the Accounts of Shirts, Shoes and Stockings,
agreeable to a Resolve of the 21st of June last. [Passed Novem-
ber 12.

CHAPTER 487

Legislative
Records of the
Council,
xl., 89.
Mass.
Resolves,
Nov. Session,
chap. 4.

RESOLVE GRANTING £400 TO ABNER PEASE IN FULL FOR A TWO
MAST BOAT, ETC., HIRED TO CARRY DISPATCHES TO PENOBSCOT,
WHICH WAS TAKEN BY THE ENEMY.

Resolved, That there be paid out of the public Treasury of this
State the Sum of Four Hundred Pounds, to Abner Pease, in full
for a two mast Boat, &c., hired by the Honorable Council to carry
Dispatches to Penobscot, said Boat being taken by the Enemy
while in said Service. [Passed November 12.

I3d Sess.] Resolves, etc. — 1779-80. 233

CHAPTER 488.

RESOLVE FOR PAYING THE EXPENSE OF PRINTING AND DISPERS-
ING THE RESOLVES OF THE CONVENTION AT CONCORD AS TO
DEPRECIATION OF CURRENCY, THE PRICES OF NECESSARY
ARTICLES, ETC. Legislative

Records of the
Council,

Resolved, That the Expence of printing and dispersing the Re- f.-^^-
solves^ of the Convention who met at Concord, July 14th and Archives,
October 6th, be paid out of the pubHc Treasury of this State, m^s^' *^*'
and that said Accounts be laid before the Committee on Accounts Resolves,
for Examination and Allowance. [Passed November 12. chap. 5.

Ante, p. 127,
chap. 249.

CHAPTER 489.

RESOLVE DIRECTING THE COMMITTEE FOR THE SALE OF ESTATES
OF ABSENTEES IN THE COUNTY OF MIDDLESEX TO RECEIVE
FROM ANDREW CABOT THE PURCIL\SE MONEY OF THE ESTATES
OF THOMAS OLIVER AND RICHARD LECHMERE, ESQUIRES, IF
PAID WITHIN TEN DAYS.

On the Petition of Andrew Cabot: Legislative

Resolved, That the Committee for the Sale of Estates in the CoSicif, °
County of Middlesex be and they hereby are directed to receive Mass!*'
of the said Petitioner the Purchase Money of the Estates men- Archives,
tioned in the said Petition [the Farm of Thomas Oliver, Esq., mS^"
late Lieutenant Governor and the Estate of Richard Lechmere, nov°' Session,
Esq., late of this Province, commonly called Lechmere's Point, chap, o.

both lying in Cambridge],^ provided the same be paid within ten Mass.
Days from this Time. [Passed November 13. cix^x'v^!404:

ccxxiv., 435.
1 Proceedings of the Convention begun and held at Concord, in the County of
Middlesex, in and for the State of Massachusetts-Bay, on the 14th day of July, 1779,
for the purpose of carrying into effect the several interesting and important measures
recommended by Congress, to the inhabitants of the United States, in their late
w-ise, reasonable and animating Address . . . The following Resolves, arrangements
and Address, were, after Hie fullest and most candid discussion, unanimously agreed
to. . . . An Address to the inhabitants of the State of Massachusetts-Bay. Friends
and brethren, In obedience to the serious call of Congress, and you our constituents,
we have assembled in Convention, to ccfnsider the alarming state of our public affairs,
to examine the difficulties and dangers we are involved in, and which threaten us
with immediate destruction. [To check depreciation in the currency, by arrange-
ment of prices of necessary articles of consumption and commerce.] Done in Con-
vention at Concord, in the State of Massachusetts-Bay, by unanimous consent,
July 17, 1779. Azor Orne, president. . . . [Colophon:]

Boston: Printed by Benjamin Edes and Sons. [1779.] pp. (3). fol.

Proceedings of the Convention begun and held at Concord, in the State of Massa-
chusetts-Bay, on the sixth day of October, A.D. 1779, (in pursuance of the recom-
mendation of a Convention held in said place in July last) to "take into considera-
tion the prices of merchandize and country produce, and make such regulations and
reductions therein, as the public good might require." . . .

Followed by: An Address to the inhabitants of the State of Massachusetts-Bay.
. . . Done in Convention at Concord, on the twelfth day of October, A.D. 1779,
by unanimous consent, (two only dissentients.) W. Spooner, president. Attest.
Thomas Lloyd Halsey, sec'y- [Colophon:]

Boston: Printed by Benjamin Edes and Sons, in State-Street. [1779.] pp. (4).
fol.

^ Massachusetts Archives, clxxxv., 404.

234

Resolves, etc. — 1779-80. [Ciiaps. 490-492.]

CHAPTER 490

RESOLVES FOR FORWARDING $500,000 TO GEN. HEATH FOR RE-
CRUITING THIS STATE'S QUOTA OF THE CONTINENTAL ARMY
AND DEFRAYING THE EXPENSES OF THE COMMITTEE
APPOINTED BY THE MASSACHUSETTS LINE TO LIQUIDATE AND
ADJUST ARREARAGES.

Legislative
Records of the
Council,
xl., 90.
Mass.
Archives,
cpxxiv., 44 L
Mass.
Resolves,
Nov. Session,
chap. 8.

The Committee appointed to take into Consideration the Re-
port of the Committee returned from the Army, report partially
by way of Resolve:

Resolved, That Five Hundred Thousand Dollars be immediately
forwarded to Maj. Gen. [William]^ Heath, for the Purpose of re-
cruiting this State's Quota of the Continental Troops, and that
the General be requested to advance the State Bounty in such
Proportion as he shall think most conducive for promoting said
Service, the said Gen. Heath to be accountable for the Expendi-
ture of the same.

Resolved, That the Expence of the Committee appointed by the
Massachusetts Line of the Army to liquidate and adjust the
Arrearages due from this State to their Officers and Soldiers,, be
defreyed by this State, during the Time they shall be detained on
that Business. [Passed November 13.

CHAPTER 491

RESOLVE ALLOWING JOHN COFFIN JONES NINE DAYS TO COM-
PLETE THE PAYMENT FOR THE ESTATES HERETO BELONGING
TO JONATHAN SEWALL OF CAMBRIDGE AND BENJAMIN HOLLO-
WELL OF BOSTON, HE HAS PURCHASED FROM THE STATE.

Legislative
Records of the
Council,
xl., 91.
Mass.
Archives,
ccxxiv., 440.
Mass.
Resolves,
Nov. Session,
chap. 7.

Mass.
Archives,
ccxxiv., 438.

On the Petition of John Coffin Jones, praying that he may
have granted him his Proportion of the Monies assigned for the
Reimbursement of those who sustained Losses in the Penobscot
Expedition, and that he may have a longer Time allowed for his
compleating the Payment for the two Estates [hereto belonging
to Jonathan Sewall of Cambridge and Benjamin Hollowell of
Boston]^ he has purchased of the State:

Resolved, That the Prayer thereof be so far granted that the
said John Coffin Jones be allowed nine Days from this Time for
the compleating the Payment aforesaid. [Passed November 13.

CHAPTER 492

RESOLVE EMPOWERING MARY WOODCOCK, ADMINISTRATRIX OF
HER LATE HUSBAND NATHAN WOODCOCK, DECEASED, TO MAKE
SALE OF A CEDAR SWAMP IN ATTLEBOROUGH TO PAY HIS
DEBTS.

I^egislative
Records of the
Council,
xl., 91.
Mass.
Archives,
ccxxiv., 442.
Mass.
Resolves,
Nov. Session,
chap. 10.

On the Petition of Mary Woodcock of Boston, in the County
of Suffolk, Administratrix of the Estate of her late Husband
Nathan Woodcock, deceased, praying that she may be impowered
to sell a Piece of Cedar Swamp in the Town of Attleborough,
and County of Bristol, containing about five Acres, being the
Real Estate of her late deceased Husband, to pay the Debts due
from said Estate:

' Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.
* Massachusetts Archives, ccxiciv., 438.

[3d Sess.] Resolves, etc. — 1779-80. 235

Resolved, That the said Mary Woodcock be and she hereby is Mass.
impowered to make sale of the before mentioned piece of cedar eo«iv^r444,
swamp, in the town of Attleborough, for the most the same will Ll^s^r^si*^
fetch, and make and execute a good deed or deeds of the same, chap.'io.'
saving only the Widow's term therein in right of her dower; she
observing the rules and directions of the law prescribed to exec-
utors and administrators in selling real estates, and giving proper
caution to be Judge of Probate in the County of Suffolk, that
the neat proceeds thereof shall be disposed of according to law.
[Passed November 13.

CHAPTER 493.

ORDER GRANTING SUBSISTENCE MONEY TO MILITIA OFFICERS DE-
TACHED FOR SERVICE IN AND ABOUT THE HARBOR OF BOS-
TON, IN LIEU OF RATIONS.

In Council
Ordered, That Benjamin Greenleaf and Abraham Fuller, Es- Legislative
quires, be a Committee with such as the Honorable House shall cowicif, °^ ^^^
join to examine a Resolve of the General Court of the 17th of xi- 89.

\1 ass

September last, and report whether the Continental subsistence Archives.
money be paid to said Militia with the Continental pay men- 45™^" *^^
tioned in said Resolve. Mass

In the House of Representatives Nov. Session,

Read and Concurred, and Mr. [Thomas] ^ Walley, Col. [Wil- 2!i^Eiii .

Ham] 2 WilHams and Mr. [Thomas]^ Parker are joined. 4ap' Fs/^''

The Committee of both Houses abovementioned have attended
the service assigned them, and although no mention is made of
rations or subsistence money in the Resolve for detaching 400
men for carrying on and manning the works in and about the
harbour of Boston, yet inasmuch as allowances of that kind have
generally been made to the officers of the militia when called into
the public service, your Committee are of opinion that subsistence
money be allowed to the officers of the militia abovementioned,
agreeable to a resolution of Congress passed the 18th of August
1779, and that the same be in lieu of rations.

Benjamin Greenleaf per Order
In Council

Read and Accepted.

In the House of Representatives.

Read and Concurred. [Passed November 15.*

CHAPTER 494.

R:ES0LVE DIRECTING THE BOARD OF V^^AR TO DELIVER TO THE
CONTINENTAL NAVY BOARD, AS SOON AS THEY HAVE IT IN
THEIR POWER SO TO DO, NINE BARRELS OF FLOUR IN REPAY-
MENT FOR THOSE TAKEN BY THE SELECTMEN OF BARNSTABLE
FOR THE TROOPS STATIONED AT FALMOUTH.

Whereas it appears to this Court that at the time of the late Legislative
alarm at Falmouth a vessel was laying in the harbour of Barn- ^^p^-f °^ *^®
stable loaded with Flour for the use of the Navy-Board in this xiTsT'

Mass.

* Of Boston. Archives,

« Of Pittsfield. ccxxiv., 453.

3 Of Newton.

* This date is same in Massachusetts Resolves, but November 12 according to
Legislative Records of the Council.

236

Resolves, etc. — 1779-80. [Cil\ps. 495, 496.]

Mass. ,
Resolves,
Nov. Session,
chap. 17.

Mass.
Archives,
ccxxiv., 454,
455.

department, from which vessel the Selectmen of Barnstable were
under the necessity of taking nine barrels of Flour for the suste-
nance of the troops assembled at Falmouth aforesaid, and as the
Navy-Board have represented that they are now in want of the
same: Therefore

Resolved, That the Board of War of this State be directed and
they are hereby accordingly directed to deliver to the Continental
Navy-Board in this department, as soon as they have it in their
power so to do, nine barrels of Flour for repayment of those taken
by the Selectmen of Barnstable for the purpose aforementioned.
[Passed November 15.

Legislative
Records of the
Council,
xl., 93.
Mass.
Archives,
ccxxiv., 451.
Mass.
Resolves,
Nov. Session,
chap. 15.

Mass.
Archives,
ccxxiv., 452.

CHAPTER 495.

RESOLVE GRANTING £51. 3s. Od. 3f. TO ROBERT BRECK, ESQ., DUE
HIM AS ONE OF THE COMMITTEE OF SUPPLIES THE LAST YEAR.

Resolved, That there be paid out of the public Treasury of this
State to Robert Breck, Esq., fifty-one Pounds three Shillings and
three Farthings, which sum is due to said Breck as one of the
Committee of supplies the last year. [Passed November 15.

CHAPTER 496.

RESOLVE DIRECTING THE AGENTS FOR COLLECTING CLOTHING
AND BLANKETS TO DELIVER THE SAME TO THE BOARD OF WAR
OR THEIR ORDER.

Legislative
Records of the
Council,
xl., 93.
Mass.
Archives,
ccxxiv., 450.
Mass.
Resolves,
Nov. Session,
chap. 16.

Ante, p. 72,
chap. 138:
p. 133, chap.
265.

Whereas it has been represented to this Court by a Letter
from Maj. Gen. [William] ^ Heath that the troops raised by this
State for three years or during the war are in great want of
blankets, shirts, shoes, and hose: Therefore

Resolved, That the Agents appointed by a Resolve of Court
passed the 21st of June last to collect shirts, shoes and hose, and
the said Agents were directed by a Resolve of Court passed the
14th of September last, to collect blankets in the several Counties
within this State, be directed to proceed in the following manner,
viz. the Agents in the counties of Suffolk, Essex, Middlesex,
York, Cumberland, Lincoln, Plymouth, Barnstable, Bristol, and
Dukes-County, to transport their cloathing as soon as may be to
Boston, and deliver the same to the Board of War; and the
Agents for the counties of Worcester, Hampshire and Berkshire,
to pack the cloathing in hogsheads, marking the article and the
number each hogshead contains, and deliver the same to the
order of the Board of War, taking two receipts of the person who
receives them, one of which to be lodged with the said Board of
War. [Passed November 15. «

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

[3d Sess.I Resolves, etc. — 1779-80. 237

CHAPTER 497.

RESOLVE REQUESTING THE COUNCIL TO IMMEDIATELY SEND TO ^^egislative
GEN. HEATH THE $500,000 ORDERED TO RECRUIT THIS STATE'S g^„'"p^f °^ ^'^^
QUOTA OF THE CONTINENTAL ARMY. xl., 94. '

Mass.
1 1 /~t •! I 1 • ^• Archives,

Resolved, That the Honorable Council be requested immedi- ccxxiv., 449.
ately to send to Maj. Gen. [William]^ Heath the Five Hundred pSves,
Thousand Dollars ordered for recruiting this State's quota of the ^°p ff ^'°"'
Continental army by a resolve passed the 13th instant. [Passed -^^ —
November 15. chap! 490.

CHAPTER 498.

RESOLVE PERMITTING GEORGE REINHAST TO TRANSPORT OUT
OF THIS STATE, SAILCLOTH, LINEN AND TEA, THE PROPERTY
OF PHILIP MOORE OF PHILADELPHIA, IMPORTED FROM FRANCE.

On the representation of Philip Moore, Esq., of the city of Records of the
Philadelphia, by a letter to the Hon. Gen. [John]- Hancock, Council,
setting forth that he has in the town of Boston sundry articles Mass.'
imported from France, and that by reason of the present land ^^^^^''446
embargo he cannot get said articles out of this State: Therefore Mass.

Resolved, That George Reinhast be and he hereby is permitted Nov° Session,
to transport out of this State six hogsheads, containing sixty pieces "'^^p- "■

of sail cloth, and thirty pieces of linnen, and twelve and one quar- ^''^J'^'J'^''*^
ter chests of hyson tea, being the property of the said Philip Moore; chap. 13.
any law to the contrary notwithstanding. [Passed November 15.

CHAPTER 499.

RESOLVE GRANTING £100 TO THE TOWN OF PRINCETON, IN ABATE-
MENT OF A FINE, AND AN ADDITIONAL BOUNTY OF £30.

On the Petition of a Committee in the behalf of the town of Reco'ds'of the
Princeton, praying for an allowance of part of a fine set on said Council,
town for not procuring the number of men set on said town by a Mass.
Resolve of the General Court of the 20th of April 1778: And ^,^VT447.
whereas it appears to this Court that said town was fined the sum Mass
of £200 for a deficiency of two men, when they ought not to have nov! Session,
been fined but for one: Therefore ^^''p- ''^^

Resolved, That the Treasurer of this State be and he hereby ^'^^^-^gg
is directed to pay out of the public Treasury of this State to the ccxxiv., 448.
Selectmen of the said town of Princeton (for the use of said Laws,"xx., 367,
town) the sum of one Hundred Pounds, in full for said one man, ^{^|p- jg^^ ^^^'
with the addition of thirty Pounds bounty allowed by the State
for each man. [Passed November 15.

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

2 Ihid., vii„ 205.

238

Resolves, etc. — 1779-80. [Chaps. 500-503.]

CHAPTER 500

Legislative
Records of thi
Council,
xl., 95.
Mass.
Archives,
ccxxiv., 460.
Mass.
Resolves,
Nov. Session,
chap. 18.

Ante, p. 81,
chap. 154.

RESOLVE DISCHARGING THE MILITIA OF THE TOWN OF DART-
MOUTH DETACHED TO DO DUTY IN THE FORT IN THAT TOWN.

Resolved, That the thirty men, one Heutenant, and such non-
commissioned officers as were detached to command them, de-
tached from the militia of the town of Dartmouth by a Resolve
of the General Court of the 22d of June last to do duty in the
fort in that town till the 1st day of December next, unless sooner
discharged, be and they hereby are discharged from said service,
and the Secretary is hereby directed to signify the same to the
said commanding officer, that they may be dismissed accordingly.
[Passed November 16.

Legislative
Records of the
Council,
xl., 95.
Mass.
Archives,
ccxxiv., 461.
Mass.
Resolves,
Nov. Session,
chap. 20.

Mass.
Archives,
ccxxiv., 462.

CHAPTER 501.

RESOLVE DIRECTING THE STATE TREASURER TO PAY UNTO SARAH
BAGLEY, WIDOW OF BENJAMIN, THE GRATUITY DUE HER LATE
HUSBAND, NOTWITHSTANDING HE IS RETURNED AS BEING IN
CAPTIVITY.

Resolved, That the State Treasurer be and he hereby is directed
to pay unto Sarah Bagley, Widow of the late Benjamin Bagley, or
her Order, the Gratuity due to her said late Husband, he being
returned as in Captivity notwithstanding. [Passed November 16.

CHAPTER 502.

RESOLVE GRANTING £7. 10s. 3d. TO DR. JOSEPH BRIDGHAM FOR
MEDICINES AND ATTENDANCE ON JOHN ALLYN, 3d. A SOLDIER
■ IN THE CONTINENTAL ARMY.

Legislative
Records of the
Council,
xl., 96.
Mass.
Resolves,
Nov. Session,
chap. 21.

On the Petition of Joseph Bridgham, praying for Allowance
for Visits and Medicines expended for John Allyn 3d, a Soldier
in the Continental Army who came Home on a Furlough to
Rehoboth in January, 1778, was soon taken sick with a billions
nervous Fever, and applied to the aforesaid Joseph Bridgham,
Physician:

Resolved, That the Prayer of the Petition be granted, and that
there be paid out of the public Treasury of this State to Doct.
Joseph Bridgham the Sum of Seven Pounds ten Shillings and
three Pence, in full for Medicines and Attendance he expended
for the abovesaid John Allyn 3d. [Passed November 16.

CHAPTER 503.

RESOLVES DISCHARGING JABEZ FISHER, ESQ., AND OTHERS, THE
COMMITTEE OF COUNCIL TO PAY ACCOUNTS, OF £55,000 AND
CREDITING THEM WITH £343. 6s. Od. If. WHICH APPEiVRS DUE
THEM,

Legislative
Records of the
Council,
xl., 96.
Mass.
Archives,
ccxxiv., 463.

Resolved, That the Committee of Council chosen to receive,
examine and pay Accounts for Services done in consequence of a
Resolve of the General Court the 28th of May, 1779, viz. Jabez
Fisher, Benjamin White and Daniel Davis, Esquires, be and they

.(3d Sess.] Resolves, etc. — 1779-80. 239

are herel)y discharged of the Sum of Fifty-five Thousand Pounds Mass.
which they have received by Warrants on the Treasury from nov° Session,
January 11th, 1779, to May 8th, 1779, inclusive. And it is further "'^'^p- ^^-

Rcsohed, That said Committee be credited for the Sum of Three Mass.
Hundred and forty-three Pounds six Shillings and one Farthing, ccxxiv.,464.
which appears due to them, and includes a former Ballance of 4ap! 6.' ^'
Ten Pounds ten Shillings ten Pence and one Farthing, as will
appear by the Report of the Committee for stating Accounts, &c.,
November 15th, 1779. [Passed November 16.

CHAPTER 504.

RESOLVE DIRECTING THE TREASURER TO PAY £12,000 TO THE
BOARD OF WAR TO PROCURE CLOTHING AND PROVISIONS
FOR THE OFFICERS.

In the House of Representatives

Whereas it is absolutely necessary that the Board of War should {f ^'^Jj^'^f the
be enabled to furnish the Officers with the cloathing promised Council.
them by the General Court, and also to procure the provisions mms^
agreeable to the Orders lately passed by this House: Therefore ^^'''^'^^^•gr

Resolved, That the Treasurer of this State be directed immedi- Mass. '
ately to pay to the Board of War the sum of Twelve Thousand Nov°'session,
Pounds, on accoimt of the warrant they have now on him; any ^'^'^p- ^^-

Resolve to the contrary notwithstanding. Mass.

T /~i M Archives,

In Council ccxxiv., 466;

Read and Concurred. [Passed November 16. ccixxxv., so.

CHAPTER 505.

RESOLVE ADVANCING £300 EACH TO CAPT. CALLENDER AND LIEUT. Legislative
GREEN OF COL. CRANE'S ARTILLERY REGIMENT THAT THEY S'''=°,"?f °^ *''«
MAY JOIN THE SAME. xl , 97

Mass.

Resolved, That there be paid out of the Treasury of this State ccxxiv., 467.
the Sum of Three Hundred Pounds to Capt. John Callender, and R^oives,
Three Hundred Pounds to Lieut. Francis Green, Officers in the ^ov. Session,

Regiment of Artillery under Col. [John]^ Crane, in order that they '-^^

may immediately proceed to join the Regiment aforesaid, agreeable Archives,
to Order, they to be charged for the same as Officers of the fifteen ccxxiv., 468.
Battalions are charged for Gratuities, &c. [Passed November 17.

CHAPTER 506.

Legislative
Records of the
VOTE CHOOSING CAPT. EZRA LUNT, COMMISSARY, IN ROOM OF CAPT. Council,
WILLIAM LYMAN, EXCUSED. ^^J-

Archives,

In the House of Representatives mSs^ '

The House, by Ballot, made Choice of Capt. Ezra Lunt as Nov^sfs'sion
Commissary for supplying that Part of the Army which was chap. 23.
raised by this State, in the Room of Capt. William Lyman, who Mass.
is hereby at his request excused from that Service. 4xx^i'^^^47l.

In Council Province

Read and Concurred. [Passed November 17. chlp.hk'.

I Massachusetts Soldiers and Sailors of the Revolutionary War, iii., 30.

240

Resolves, etc. — 1779-80. [Ciiaps. 507-509.1

CHAPTER 507.

RESOLVE GRANTING £14. 9s. 2d. TO JOSIAH HARLOW FOR WAGES, TO
BE CHARGED TO THE UNITED STATES.

Legislative
Records of the
Council,
xl., 98.
Mass.
Resolves,
Nov. Session,
chap. 24.

On the Petition of Josiah Harlow, praying for Wages from
February 26th, 1778, to the 16th of June following; also for guard-
ing the State's Cloathing from Middleborough, in the State of Mas-
sachusetts-Bay, by Bridgwater and Boston, &c., to West-Point in
the State of New-York, as set forth in said Petition.

Resolved, That there be allowed and paid out of the public
Treasury of this State Fourteen Pounds nine Shillings and two
Pence for the Petitioner in full, and to be charged to the United
States. [Passed November 17.

CHAPTER 508.

RESOLVE ALLOWING THE COMMITTEE ON ACCOUNTS TO ENGAGE
SUCH ASSISTANCE AS THEY SHALL THINK NECESSARY, ON THE
BEST TERMS THEY CAN.

Legislative
Records of the
Council,
xl., 98.
Mass.
Archives,
ccxxiv., 472.
Mass.
Resolves,
Nov. Session,
chap. 25.

Ante, p. 9,
chap. 6.

On the Representation of Col. [Loammi]^ Baldwin, one of
the Committee on Accounts, requesting that some Assistance
might be allowed them in order to expedite the Business necessary
to be compleated for the Committee who are to settle with the
Army :

Resolved, That the Committee on Accounts have Leave to en-
gage such Assistance as they shall think necessary to expedite
said Business on the best Terms they can, and for such Time
as they may have Occasion therefor. [Passed November 17.

CHAPTER 509

Legislative
Records of the
Council,
xl., 98.
Mass.
Archives,
ccxxiv., 474.
Mass.
Resolves,
Nov. Session,
chap. 33.

Mass.
Archives,
ccxxiv., 473-475.

RESOLVE REQUESTING THE COUNCIL NOT TO SUFFER THE CARTEL
SHIP NEPTUNE BOUND FOR EUROPE TO CARRY MORE THAN 50
PRISONERS, NOR ANY CARTEL TO GO IN THE FUTURE WITH-
OUT LEAVE OF THE GENERAL COURT, AND THAT PRISONERS ON
PAROLE BE CONFINED TO THE TOWN THEY ARE STATIONED IN
AND NOT PLACED WITHIN TEN MILES OF ANY SEAPORT.

Resolved, That the honorable Council of this State be and they
are hereby requested, when they shall permit the cartel ship
Neptune to sail for Europe, that they suffer the number of pris-
oners put on board her for exchange not to exceed fifty, and not to
permit afterwards any cartel to sail from hence to Europe, unless
the General Court shall be assenting thereto; and that they be
also requested to cause such prisoners as shall be admitted to their
parole to be confined to the limits of the town where they shall be
respectively stationed, and that no such prisoners be placed in
any town which lies within ten miles of any sea port. [Passed
November 18.^

1 Ante, p. 9, ch.'ip. C>.

2 This date is same in Massachusetts Resolves, but is November 17 according to
the Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 241

CHAPTER 510.

RESOLVES APPOINTING WILLIAM GORDON, COMMISSARY AT DART-
MOUTH, IN ROOM OF LEMUEL WILLIAMS, RESIGNED, AND AD-
VANCING HIM £500 TO PURCHASE PROVISIONS.

Resolved, That William Gordin [Gordon]/ the commanding- Legislative
officer stationed at Dartmouth, be and he is hereby appointed counotf °^ ^'^"^
Commissary of provisions, in the room of Lemuel Williams, who x' . 99-
has resigned that office: And it is further Archives,

Resolved, That there be paid out of the public Treasury of this mS^" *''^'
State the sum of Five Hundred Pounds to enable said William Resoives,
Gordin to purchase said provisions, he to be accountable for the chao. 32^*'""
expenditure of said sum. [Passed November 18.

CHAPTER 511. Kfofthe

Council,
xl., 100.
RESOLVE PERMITTING TIMOTHY WHITING, SUTLER, TO CARRY Mass.
THREE LOADS OF WEST INDIA GOODS OUT OF THIS STATE FOR ccxxiv^''478
SUPPLYING LEARNED'S BRIGADE. Mass."

Resolves,

Resolved, That Timothy Whiting, suttler to the late [Ebenezer]^ chap. 27.
Learned's Brigade, be and he is hereby permitted to carry out of Mass.
this State three loads of West-India goods for the supply of the ^cx^\il^?479,
troops of said Brigade, the embargo act notwithstanding. [Passed Province
November IS. chap.' 13.'

CHAPTER 512.

RESOLVE RELINQUISHING THIS STATE'S CLAIM TO A NUMBER OF
NEGROES RE-CAPTURED BY THE PRIVATEERS HAZARD AND
TYRANNICIDE, PROVIDED THEIR FORMER OWNERS PAY FOR
THEIR SUPPORT AND CLOTHING.

Whereas a number of Negroes were re-captured and brought Legislative
into this State by the armed Vessels Hazard and Tyrannicide, Councif,°
and have since been supported at the expence of this State, and as fi^^s^'
the original owners of said Negroes now applv for them: There- Archives,

P 1 J. V clxxxv., 410.

tore Mass.

Resolved, That this Court hereby relinquish and give up any Nw^Session
claim they may have upon the said owners for re-capturing said chap. 31.

Negroes: Provided they pay to the Board of War of this State Mass.
the expence that has arisen for the support and cloathing of the tliitrm;
Negroes aforesaid. [Passed November 18. cix.x.xv., 407-411.

' Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 639.
* Heitman's Historical Register of the OflBcers of the Continental Army.

242

Resolves, etc. — 1779-80. [Chaps. 513, 514.]

Legislative
Records of the
Council,
xl., 102.
Mass.
Archives,
ccxxiv., 480.
Mass.
Resolves,
Nov. Session,
chap. 28.

Legislative
Records of the
Council,
xl., 102.

CHAPTER 513.

RESOLVE REQUIRING THE DELEGATES WHO SHALL BE CHOSEN TO
CONGRESS FOR THE YEAR 1780, AND ARE NOW IN THIS STATE,
TO GIVE ANSWER WITHIN TEN DAYS AFTER RECEIVING NO-
TICE, AND IT IS EXPECTED THEY WILL ATTEND THEIR DUTY
IN ROTATION.

Resolved, That those Gentlemen^ who shall be chosen to rep-
resent this State in Congress for the year 1780, and are now in
this State, give answer to this Court within ten days after receiv-
ing notice of their election, whether they accept the appointment;
and that it is expected of those who shall declare their acceptance,
that they will attend their duty at Congress in rotation. [Passed
November IS.

CHAPTER 514

Legislative
Records of the
Council,
xl.. 103,
Mass.
Archives,
ccxxiv., 481.
Mass.
Resolves,
Nov. Session,
chap. 34.

Mass.
Archives,
ccxxiv., 483.
Ante, p. 177,
chap. 371;
p. 183, chap.
382.

RESOLVES DISCHARGING NATHANIEL FREEMAN AND SAMUEL
OSGOOD, ESQUIRES, THE COMMITTEE WHO WENT TO THE ARMY.
OF £32,307. 12s., ALLOWING THEM £282. 8s. 2d. FOR SERVICES AND
EXPENSES, AND FOR LODGING THE RECEIPTS FROM GEN. HEATH
AND LIEUT. COL. BASSETT (FOR £31,833. 12s., LEFT FOR RE-ENLIST-
ING THIS STATES QUOTA) IN THE SECRETARY'S OFFICE.

The Committee appointed to settle with Nathaniel Freeman
and Samuel Osgood, Esquires, for money they received for the
purpose of re-inlisting this State's quota of the Continental army,
and also to consider an allowance for their services, have at-
tended that service and find their account, which is herewith
e.xhibited, right cast and well vouched, and ask leave to report
the following Resolve:

Resolved, That Nathaniel Freeman and Samuel Osgood, Esquires,
be discharged from the sum of Thirty-two Thousand three Hun-
dred and seven Pounds twelve Shillings, which they received of
the Treasurer of this State on account of a warrant for Sixty
Thousand Pounds, dated October 1, 1779, and that there be paid
out of the Treasury of this State to the said Nathaniel Freeman
and Samuel Osgood, Esquires, the sum of Two Hundred and
eighty-two Pounds eight Shillings and two Pence, in full for the
balance due to them for their service and expences. And it is
further

Resolved, That the two receipts, viz. one from Maj. Gen. [Wil-
liam]^ Heath, for Twenty-nine Thousand five Hundred and twenty-
six Pounds, and the other from Barachiah Bassett, Lieutenant
Colonel, in behalf of Col. Thomas Marshall, for the sum of Two
Thousand three Hundred and seven Pounds twelve Shillings
(which sums were lodged by said Committee for the purpose of
re-inlisting this State's quota of the Continental army) be lodged
in the Secretary's Office, who is hereby directed to furnish the
Committee appointed to state the accounts of this State with a
copy of the same, in order that the said sums may be properly
accounted for. [Passed November 18.

' John Hancock, Samuel Adams, Elbridge Gerry, .Tames Lovell, Samuel Holton.
GeoFKC PartridKC and Artemas Ward, Esquires, chosen Nov. 18, 1779. — Legisla-
tive Records of the Council, xl., 102.

» Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

[3d Sess.]

Resolves, etc. — 1779-80.

243

The State of Massachusetts Ba^ to Nathaniel Freeman and Samuel Osgood.

Cr.

Dr.

1779.
Nov.

To Cash paid Expences to
antl from Camp by Col.
Freeman, £124. 0.8

To ditto paid by Maj.
Osgood, . . . 97.11.6

Samuel Osgood account
for Horse hire 300 miles
a6/, . . . . 90. 0.0

Nathaniel Freeman ac-
count for ditto 316 miles
a 6/ 94.16.0

To Cash left with Gen.
[William] Heath per re-
ceipt for 98,420 Dollars, 29,526. 0.0

To ditto left with Col.
[Barachiah] Bassett for
Col. [Thomas] Marshall
7,692 Dollars, . . 2,307.12.0

£32,240. 0.2

To Col. Freeman time in
prosecuting the busi-
ness 37 days a £5, . 185. 0.0

To Maj. Osgood for ditto
33 days a £5, . 165. 0.0

£32,590. 0.2

1779.

Oct. 7. By Cash received of

the Treasurer, . . £30,000.0.0
Nov. 17. By ditto of ditto, 2,307.12.0

Ballance due to the
Committee,

£32,307.12.0

282. 8.2

£32,590. 0.2

CHAPTER 515.

RESOLVES APPOINTING, EMPOWERING AND INSTRUCTING CAPT.
EZRA LUNT AS COMMISSARY OF THIS STATE TO RESIDE AT OR
NEAR THE CONTINENTAL ARMY, IN THE ROOM OF WILLIAM
LYMAN, RESIGNED, AT £90 PER MONTH, SUBSISTENCE AND EX-
PENSES.

Resolved, That Capt. Ezra Lunt be and hereby is appointed a
Commissary of this State, to reside at or near the Continental
Army, in the room of William Lyman, who hath resigned, who
is hereby impowered and directed to repair to camp without delay,
and to receive from the said William Lyman all the stores, the
property of this State, which the said Lyman may have remaining
on hand, if any such there are; and the said William Lyman is
also hereby directed to deliver to the said Ezra Lunt all such
stores accordingly, taking duplicate receipts for the same, one of
which to be immediately lodged with the Committee appointed
to state and settle the accounts of this State. And the said Ezra
Lunt is hereby further directed, as soon as he arrives in camp, to
advise with the general and field-officers of this State on the most
convenient and safe place to deposit said stores, and such other
stores as he may from time to time receive from this State, for the
purpose of supplying with small stores that part of the continental
army raised by this State: And the said Ezra Lunt is also directed
to deliver to the Quarter-Master of each regiment of the Con-
tinental Army raised by this State, or such other officer or person
as may be by the officers of each regiment aforesaid respectively
appointed for that purpose, and equal proportion of all such
stores, according to the number of rations the officers and soldiers
are entitled to by the establishment of Congress, at such times,
and so often as shall be by the officers of the several regiments
aforesaid thought most convenient to draw them. The stores to
be charged to the several regiments respectively as they are drawn,
at the prices set to such articles in a late act of this Government,
entitled "An act against monopoly and oppression;" the officer
applying for the same first producing to the said Commissary a
return of the number of men and rations of the regiment, ex-
amined, allowed and certified by the Colonel or Commanding

Legislative

Records of the

Council,

xl., 103.

Mass.

Archives,

ccx.\iv., 484-488.

Mass.

Resolves,

Nov. Session,

chap. 29.

Ante, p. 239.
chap. 506.
Province
Laws, v., 583,
chap. 14.

244 Resolves, etc. — 1779-80. [Chap. 515.]

officer of the regiment; and also an order from the Colonel or
commanding officer of the regiment, on said return, for the Com-
missary to deliver such stores to the person therein named and
applying, for the use of his regiment, agreeable to this Resolve.

And the said Commissary shall make out a bill of parcels of the
stores so delivered, specifying therein the quantities, prices and
amount of such articles, dated and signed by him the said Com-
missary, and delivered with the articles; and also shall take a
receipt of the person to whom he delivers them, on the back of
such returns, in the following form — Mutatis viutandis, viz.

Massachusetts-Store, at

The Day of A.D.

Received of Commissary, the following articles, viz.

Gallons of Rum, at per Gallon, ■ £.

ft. of Sugar, at per ft.

ft. of Coffee, at per ft. ■

ft. of Chocolate, at per ft.

amounting in the whole, to Pounds, Shillings, and Pence,

for the use of Colonel regiment ; which I am to distribute to the officers

and soldiers of said regiment, in proportion to their rations; each officer and
soldier therein to be accountable to the State of Massachusetts-Bay, in the
same proportions, agreeable to the within returns. Received per me.

And in case any of the staff -officers or companies of artificers (not
included in any of said regiments) and belonging to this State,
should be desirous of drawing any of such stores, upon applica-
tion of any such staff-officer, the said Commissary is directed to
deliver him his proportion of such stores according to the number
of rations he is entitled to receive by the Resolves of Congress,
making out a bill of parcels, and taking his receipt therefor similar
to the foregoing, excepting that he received the stores for his own
use, and is himself to account with this State therefor. And
upon application of any of the corps of artificers producing a
return of the number of men and rations in any company or
corps of them, signed by the commanding officer of such corps or
company, with his order for the delivery of the same, on the
back of such returns, the same returns having been examined and
allowed by the commanding officer of the Brigade they belong
to, are stationed within or nearest to, the said Commissary is
directed to deliver the proportion of stores to such artificer for the
use of such company or corps, making out his bill of parcels, and
taking his receipts similar to the form herein mentioned, excepting
, that he receives them for the use of, and promises to deliver them

to the company or corps of artificers for which he applies, and
produces the returns and order.

And the said Commissary is further directed to keep a fair
account of all the stores he shall so deliver, to whom delivered,
for what regiment, company, corps or staff officer, wnth the num-
ber of men and rations in the returns, and the particular times
of the delivery, in order that the officers and soldiers may justly
account with this State for the same. And the said Ezra Lunt is
directed to preserve all such receipts, and to account with the
General Court of this State for his doings in said office, when and
so often as shall be required of him, and shall from time to time
make seasonable application to the Committee appointed by this
State to procure and forward stores for said purpose, for such
stores or other articles as the army may have occasion for, and
he shall keep a fair account of all such stores as he shall receive
from time to time, and by whom received, whether they arrived
in good order or not; and in case not in good order, the deficiency
and cause of it, so far as he can judge. And the said Ezra Lunt
is hereby impowered, if the service requires it, to appoint Deputies,

[3d Sess.] Resolves, etc. — 1779-80. 245

not exceeding three, in different departments, to transact said
business, for whose conduct he shall be accountable. And it is
further

Rcsohu'd, That the said Ezra Lunt shall be allowed ninety
Pounds for each callender month he shall be employed in said
service, for his wages, and also six Pounds per month for his
subsistence, over and above the rations he draws from the con-
tinent. And each of his Deputies shall be allowed sixty Pounds
per callender month wages, and four Pounds ten Shillings sub-
sistence. And a reasonable allowance shall be made for horse-
hire and extraordinary expence of travelling, if he or they may
have occasion therefor, in the due prosecution of said business, of
which a true account shall be kept and laid before the Committee
of accounts for allowance and payment. [Passed November 18.

CHAPTER 516.

VOTE GRANTING BERIAH NORTON AND WILLIAM MAYHEW, ES-
QUIRES, LIBERTY OF A FLAG TO GO TO NEW YORK TO SOLICIT
PAYMENT FOR WHAT THE BRITISH TROOPS ILWE TAKEN FROM
MARTHA'S VINEYARD.

The Committee of both Houses on the Petition of Beriah Nor- Legislative
ton, to take into consideration the same and report what may be coSndf, °^ ^"^^
proper to be done thereon, have heard the Petitioner on the ?| ■ ^^■
subject matter of his petition: report as their opinion that the Archives,
said Beriah Norton and William Mayhew, Esquires, have liberty mS^)"' **^'
of a Flag to go to New- York to solicit payment for what the nT'F^'"
British troops have taken from the inhabitants of Martha's Vine- chap. '30.
yard, and that they may have liberty to take their pay in mer- Mass.
chandize if they cannot obtain it in money; they being subject dS'^^412
to such instructions as may be given them by this court for the Province

1 (. , 1 • 1 J. V ._. c Laws, x.\., 492,

rule 01 their conduct. chap. i76.

In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed November 19}

CHAPTER 517.

RESOLVE GRANTING £302 TO JOHN ALDEN FOR THE HIRE OF A Legislative
SCHOONER, WAGES, VICTUALLING AND ALL OTHER CHARGES ;5^'=°".'f °^ ^''^
ARISING FROM HER DETENTION AT PHILADELPHIA. xi° 107

Mass.

On the Petition of John Alden, praying allowance for the de- ccxxiv., 489.
tention of a Schooner in Philadelphia: RSves,

Resolved, That there be allowed and paid out of the public ^°^- Session,
Treasury of this State to John Alden, the sum of three Hundred *" ''^'

and two Pounds, in full for the hire of said Schooner, for the Archives,
sailors wages, and victualling said men, and all other charges 492^^' ^^'^
arising in consequence of said vessel being detained at Philadel-
phia, while in the service of this State. [Passed November 19.

1 This date is November 18 according to Legislative Records of the Council and
Massachusetts Resolves.

246

Resolves, etc. — 1779-80. [Chaps. 518-520.]

CHAPTER 518

Legislative
Records of the
Council,
xl.. 107.
Mass.
.Archives,
clxxxv., 323.
Mass.
Resolves,
Nov. Session,
chap. 45.

RESOLVE GRANTING £8. lis. EACH TO JOSIAH WARD AND ALEX-
ANDER WATSON. WHO WERE SOLDIERS AT BENNINGTON.

On the Petition of Josiah Ward, in behalf of himself and
Alexander Watson, setting forth that they were Soldiers in Capt.
Asa Rice's Company, and Col. Job Cushing's Regiment of Militia,
at Bennington in the year 1777, and that the said Ward was
wounded in his leg and was left at Bennington one month and
twenty-seven days after the said Regiment was discharged, as is
set forth in said Petition :

Resolved, That there be allowed and paid out of the public
Treasury of this State to Josiah Ward and Alexander Watson the
sum of eight Pounds eleven Shillings each, in full for said time.
[Passed November 19.

CHAPTER 519

Legislative
Records of the
Council,
xl., 108.
Mass.
Archives,
ccxxiv., 493.
Mass.
Resolves,
Nov. Session,
chap. 40.

RESOLVE EMPOWERING THE COMMANDING OFFICER AT CASTLE
ISLAND TO STOP THE FIRST \^SSEL LOAD OF WOOD COMING UP,
ORDER HER TO UNLOAD AND GIVE A CERTIFICATE FOR THE
SAME.

Resolved, That the Commanding-Officer at Castle-Island be and
he hereby is impowered to stop the first vessel load of wood that
may be coming up to this town, and order her to unload the sanie,
he the said Officer to give a certificate for the quantity of wood so
received. [Passed November 19.

CHAPTER 520

RESOLVE MAKING ADDITIONAL ESTABLISHMENT FOR THE OFFI-
CERS OF THE 500 MEN ORDERED DETACHED FOR RHODE
ISLAND APRIL LAST.

Legislative
Records of the
Council,
xl., 108.
Mass.
Archives,
ccxxiv., 494.
Mass.
Resolves,
Nov. Session,
chap. 41.

Mass.
Archives,
ccxxiv., 495.
Province
Laws, XX., 694,
chap. 711; 700,
chap. 726.

Whereas it appears to this Court that the establishment made
by a Resolve of the 30th of April last, for the pay of the com-
missioned officers of the 500 men ordered by a Resolve of the 27th
of the same month to be detached from the Militia to do duty in
the State of Rhode-Island, was inadequate to the services to be
by them performed:

Resolved, That there be allowed to the Lieutenant Colonel
[Samuel Pierce]^ commanding said detachment, over and above
said establishment, the sum of twelve Pounds for each calendar
month; to the Major ten Pounds; to each Captain eight Pounds,
and to each Lieutenant the sum of six Pounds. [Passed Novem-
ber 19.

* Massachusetts Archives, ccxxiv., 495.

[3d Siiss.] Resolves, etc. — 1779-80. 247

CHAPTER 521.

RESOLVE ALLOWING TO SAMUEL PHILLIPS, MANUFACTURER OF
POWDER THE EQUIVALENT OF EIGHT PENCE (WHEN HE FIRST
BEGAN) A POUND, SUPPLYING COAL AND SULPHUR AND PAYING
THE STATE FOR THE LATTER IN THE SAME PROPORTION.

On the Memorial of Samuel Phillips, representing the great }^p^.o'fi3'of „,g
depreciation of the currency since he entered into a contract Councii,
with this State to manufacture powder for them, and praying for Mi,g°^'
such allowance to be made him for manufacturing said powder ^Jjf^!|'^'^4'g7
as shall be thought reasonable: Mass.

Resolved, That the said Samuel Phillips be allowed so much per NOT.'ses'sion,
pound for all such gun-powder as he has or shall manufacture for ^^'■^p- ^"^^
this State, for v,'hich he has not yet exhibited an account, as at Ma^.-
the time being shall be equivalent to what eight Pence was at the ccxxiv., 498.
time the Mill first began to work; he to be at the expence of the
sulphur and coal, and to pay for the sulphur he is supplied with
by the State in the same advanced proportion as he is paid for
manufacturing the powder. [Passed November 19.

CHAPTER 522.

RESOLVE DIRECTING THE BOARD OF WAR TO LOAN ARMS AND
AMMUNITION TO THE 4th REGIMENT IN LINCOLN COUNTY.

On the Petition of Mason Wheaton, Colonel and Commander Legislative
of the 4th regiment of militia in the county of Lincoln, praying Councif,°
for the loan of one Hundred stand of arms, one Hundred pounds ^'|.',^°''-
of powder, an Hundred pounds of ball or lead, and three Hun- Archives,

1 A a' J. ff^xiv., 499.

dred tlmts: Mass.

Resolved, That the prayer of the petition be granted, and that ^-o^'ses-iion
the Board of War be directed to deliver to Col. Thomas Dawes chap. 46.
one Hundred stand of arms, one Hundred pounds of powder, Mass.
and Hundred pounds of ball or lead, and three Hundred flints, e'^J^x^V^fsoo;
for the use of said Wheaton's regiment; he to be accountable for ceixxxv., 5i.
the same. [Passed November 19.

CHAPTER 523.

RESOLVE ADJOURNING THE INFERIOR COURT, ETC., TO BE HELD
IN SALEM FOR THE COUNTY OF ESSEX IN DECEMBER UNTIL
MARCH NEXT AT IPSWICH ON ACCOUNT OF TRAVELLING BEING
BAD, AND PUBLISHING THE SAME IN THE BOSTON NEWSPAPER.

Whereas travelling is frequently very bad at the season of the legislative
year when the Court of General Sessions of the Peace and In- coundf, °^ ^'"^
ferior Court of Common Pleas, which by law are appointed to be ^'j • ^''^•
holden in Salem, in and for the county of Essex, on the last Tues- Archives,
day of December, and by the Court-House being rendered very mSs?' ^'
inconvenient and uncomfortable to sit in at that season of the ^ov'session
year, by the late fire in Salem, and there being no probability of chap. 38.
much business to be done at that term:

Resolved, That the said Court of General Sessions of the Peace
and Inferior Court of Common Pleas, by law to be held at Salem,
within and for the county of Essex, on the last Tuesday of Decern-

248

Resolves, etc. — 1779-80. [Chaps. 524, 525.]

ber next, be adjourned to the last Tuesday of March next, to
Ipswich, within said county; and all writs, processes and recog-
nizances returnable to, and all appeals made to the said Court
of General Sessions of the Peace and Inferior Court of Common
Pleas, appointed by law to be holden at Salem, and all matters,
causes and things that have day, or that might have been, had,
moved or done at, in or by the said Courts, at the time so ap-
pointed for holding the same, shall be returnable to, and may be
entered, prosecuted, had, moved and done at, in and by said
Court, at the time hereby appointed for holding the same. And
the Secretary is hereby directed to publish this Resolve in the
next Thursday Boston news-paper. [Passed November 19.

CHAPTER 524.

Legislative
Records of the
Council,
xl.. 110.
Mass.
Archives,
ccxxv., 2.
Mass.
Resolves,
Nov. Session,
chap. 3G.

Mass.
Archives,
ccxxv., 3, 4.
Province
Laws, v., 1114,
chap. 13.

RESOLVE DIRECTING JOSEPH HOW AND EBENEZER DEAN OF
FILANKLIN TO DELI\'ER TO MONSIEUR JAMES NEBON TWO HOGS-
HEADS OF SUGAR DETAINED BY THEM, HE PAYING THE
GIL\RGES AND SELLING THE SUGAR WITHIN THIS STATE.

On the Petition of Monsieur [James] ^ Nebon, praying for the
restoration of two hogsheads of sugar detained in the town of
Franklin, by Joseph How and Ebenezer Dean, by virtue of an
act of this State:

Resolved, That the said How and Dean be and hereby are di-
rected to deliver to Monsieur Nebon the two hogsheads of sugar
now detained in their hands by virtue of an act of this State, he
paying them the charges of the seizure, and making sale of said
sugar within this State. [Passed November 19.

CHAPTER 525

LegLslative
Records of the
Council,
xl.. 111.
Mass.
Archives,
ccxxv., 7.

Resolves,

Nov. Session,
chap. 42.

Mass.
Archives,
ccxxv., 8.

RESOLVE REQUESTING MESSIEURS OTIS AND HENLEY TO DELIVER
WHAT CLOTH THEY HAVE, SUITABLE FOR THE OFFICERS IN THE
ARMY, TO THE BOARD OF WAR.

On the Memorial of Thomas Cogswell, Major in Gen, [John]^
Glover's Brigade, representing that Messieurs Otis and Henley,
Continental Agents, have in their possession a quantity of cloth,
which is much wanted for the use of the Officers in the army.
Therefore

Resolved, That Messieurs Otis and Henley be requested to de-
liver what Cloth they have on hand suitable for said purpose, and
charge this State therefor; and the Board of War are hereby
directed to apply to them for the same. [Passed November 19.

' Massachusetts Archives, ccxxv., 4.

* Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 508.

{3d Sess.] Resolves, etc. — 1779-80. 249

CHAPTER 526.

RESOLVE DECLARING THAT EACH TOWN (EXCEPT THOSE IN CUM-
BERLAND AND LINCOLN COUNTIES) SIL\LL PAY £600 FOR EACH
MAN THEY WERE DEFICIENT IN RAISING MEN TO RE-ENFORCE
THE CONTINENTAL ARMY AGREEABLE TO A RESOLVE OF JUNE

8, 1779.

Whereas in and by a Resolve of this State passed the 8th day Legislative

P T • J.I. J. £ • • J. T*!- 1 e Records of the

or June, in the present year, tor raising two inousand men tor council,
re-inforcing the Continental Army, it is ordered that each town and ^Jj^g'^'
phintation should severally incur such penalty, for the use of this Archives,
State, as the General Court should thereafter determine, for every Mass^ '
man they should be deficient in their respective quotas, agreeable Nov''ses'sion
to the requirements of the said Resolve: It is therefore chap. 3i).

Resolved, That each town and plantation in this State (except Ante, p. 38,
those in the counties of Cumberland and Lincoln) shall incur, ^^^^' ^^'
forfeit and pay, for each man they were deficient as aforesaid, the
sum of six Hundred Pounds, to be assessed to such delinquent
towns and plantations in the next state-tax. [Passed Novem-
ber 19.

CHAPTER 527.

RESOLVE RESTORING THE TRIAL OF THE LIBEL OF JOSEPH OTIS
AND OTHERS AGAINST THE SCHOONER BETSEY TO THE MARI-
TIME COURT OF THE SOUTHERN DISTRICT.

Whereas it was determined by a Resolve of this Court, on the Legislative
4th of October last, that the trial of the justice of the capture of coSntir^*^""
the schooner Betsey, her cargo and appurtenances, notified by the xi., in.
Judge of the Maritime Court, in consequence of a libel filed in said Archives,
court by Joseph Otis, Esq., and others, to be held at Plymouth on ^asJ' ^^'
the 4th Tuesday of October last, should (for certain reasons in said Resolves,
Resolve mentioned) be tried and determined at the Maritime Court chap- 3?^'°"'
Avhich should be holden in and for the Middle District, next after Ante, p. 207,
the said 4th Tuesday of said October, &c. and whereas it has '^^^^- ^'^^■
been represented to this House that it would be inconvenient for
the libellants to attend the trial at the time fixed for the sitting
of said court, and whereas it appears that a court is now soon to
be held in said Southern District, where the cause ought originally,
according to law, to be heard and determined: Therefore

Resolved, That the trial of the justice of said capture be had and
the cause determined at the next Maritime Court to be held in the
Southern District, in the same manner it would have been had and
determined on if no interposition of the General Court had taken
place. [Passed November 19.

CHAPTER528.

RESOLVE DIRECTING THE BOARD OF WAR TO SELL A BLANKET OR Legislative

RUG TO ANY OFFICER OF THE ARMY FOR HIS OWN USE. Records of the

Council,
xl., 113.

Resolved, That the Board of War be and they hereby are di- Mass.-
rected to sell to any Officer belonging to this State's proportion of cc^jScvrii.
the Continental Army, if in their power, a blanket or rug for his R^oives,
own use, if he has occasion for the same. [Passed November 19} Nov. Session,

■■ chap. 43.

i_This date is same in Massachusetts Resolves, but November 20 according to
Legislative Records of the Council.

250

Resolves, etc. — 1779-80. [Chaps. 529-531.]

CHAPTER 529

RESOLVE EMPOWERING THE TOWN OF WALTHAM TO CHOOSE A
CONSTABLE OR COLLECTOR, OBSERVING THE SAME RULES AND
REGULATIONS AS THEY WOULD AT THE MARCH MEETING.

Legislative
Records of the
Council,
xl., 114.
Mass.
Archives,
ccxxv., 18.
Mass.
Resolves,
Nov. Session,
chap. 37.

Ma.ss.
Archives,
ccxxv., 19.

On the Petition of Abner Sanderson, in behalf of the town of
Waltham, praying that said town may be impowered to choose a
Constable or Collector, to serve said town the present year, for
reasons mentioned in said petition:

Resolved, That the prayer of said petition be granted, and the
town of Waltham be and they hereby are impowered to choose a
Constable or Collector, to serve said town the present year, they
observing the same rules and regulations in the choice thereof as
is by law required in the choice of town-officers in their annual
meetings in March: Any law of this State to the contrary not-
withstanding. [Passed November 20}

Legislative
Records of the
Council,
xl., 112.
Mass.
Archives,
ccxxv., 13.
Mass.
Resolves,
Dec. Session,
chap. 57.

Mass.
Archives,
ccxxv., 14.

CHAPTER 530.

RESOLVE DIRECTING THE SELECTMEN OF EDGARTOWN, FOR THE
YEAR LAST PAST, TO ISSUE A WARRANT FOR A MEETING TO ELECT
TOWN OFFICERS, NONE HAVING BEEN HELD LAST MARCH ON
ACCOUNT OF THE SMALLPOX.

On the Petition of a number of the inhabitants of the town of
Edgartown, shewing that they failed of choosing a number of
their town-officers at their last annual March meeting, by reason
of the prevailing spread of the small-pox, then in that place, and
praying that this Court would adopt such measures that said town
may be impowered to elect such town-officers as may be wanting:

Resolved, That the Selectmen of said town for the year last past
be and they are hereby directed and impowered to grant their
warrant for a meeting of the freeholders and other inhabitants of
said town, for the purpose above-mentioned. Any law, usage or
custom of this State to the contrary notwithstanding. [Passed
November 20.

CHAPTER 531

Legislative
Records of the
Council,
xl., 113.
Mass.
Archives,
ccxxv., 15.
Mass.
Resolves, _
Nov. Session,
chap. 50.

Mass.
Archives,
ccxxv., 16.
Ante, p. 152,
chap. 312.

RESOLVE SUSPENDING THE SALE OF THE REAL ESTATE OF WILLIAM
BROWN, ESQ., ABSENTEE, PENDING ENQUIRY AS TO ITS ENTAIL,
AND DIRECTING THE COMMITTEE ON ESTATES OF ABSENTEES
TO MAKE FURTHER ENQUIRY AS TO HIS PERSONAL ESTATE.

On the Memorial of the Committee appointed by the General
Court to sell the estates of certain absentees, lying in the County
of Essex:

Resolved, That the said Committee be and they are hereby di-
rected to suspend the sale of such parts of the real estate of Wil-
liam Brown, Esq., as are not already disposed of, till the further
order of the General Court; and the said Committee are hereby
required, without delay, to enquire into the intail mentioned in
their memorial, and to demand to Joseph lilaney, Esq., that he
should immediately lay before them all claims that he has on the
houses and lands advertised for sale by the Committee; and the

1 This date is same in Legislative Records of the Council, but November 19 ac-
cording to Massachusetts Resolves.

[3d Sess.J Resolves, etc. — 1779-80. 251

said Blaney is hereby required to lay before the said Committee
all such claims forthwith; and the said Committee are also di-
rected to make every necessary enquiry relative to the personal
estate left by the said William Brown, which they have not already
been possessed of, and to make report to the General Court of
their doings in the premisses as soon as may be. [Passed Novem-
ber 20.

CHAPili/li o32. Legislative

Records of tlie
Council,
RESOLVE DIRECTING THE TREASURER TO PAY MONEY RECEIVED ^l., 114.
FROM THE SALE OF ESTATES OF ABSENTEES FOR DEFRAYING aXv^«
THE PUBLIC EXPENSES. cc^xv,22.

MasH.

Resolved, That the Treasurer of this State be and he hereby is Nov. Session,
directed to pay the Monies he receives from the sales of the con- ^^^^' ^^

fiscated estates in discharge of any warrants which may be drawn ^r^hives
on him for defreying the public expences. [Passed November 20. ciiv., 286!

CHAPTER 533.

RESOLVE DEDUCTING £42, THE BOUNTY FOR THREE MEN ON THE Legislative
LATE EXPEDITION TO RHODE ISLAND, FROM THE NEXT STATE Records of the
TAX OF THE TOWN OF LINCOLN. xl°,Tl4.

Mass.

On the Petition of the Selectmen of the town of Lincoln, pray- ccx^xv^zi
ing for an allowance of fourteen Pounds, paid to each of the three ^^oives
men raised in said town agreeable to a Resolve of the General Nov. Session,
Assembly of this State passed June 12, 1778: ^ ^'^'

Mass.

Resolved, That the prayer of the petition be granted, and that Ard!

ives,

there be deducted from the aforesaid town's proportion of the next ccxxy., 24-26.

i rovincB

State-tax the sum of forty-two Pounds, which is in full for the Laws, xx., 441.

bounty paid three men for going on an expedition to Rhode- '^ *^' ^^'

Island, agreeable to a Resolve of this State. [Passed Novem-
ber 20.

CHAPTER 534.

RESOLVES DIRECTING CAPT. SETH BARNES TO DELIVER TWO PER-
MITS TO THE SECRETARY'S OFFICE, AND PERMITTING HIM TO
TRANSPORT CORN, CIDER, MOLASSES, SUGAR, RUM AND TOBACCO
TO NOVA SCOTIA IN THE SCHOONER BEVER AS NECESSARIES FOR
HIS FAMILY.

Upon the Petition of Seth Barnes,^ praying for permission to Legislative
carr^^ down some necessaries to his family at Nova Scotia; your coundf, °^ *^^
Committee finds said Barns has had two permits of this Court ^} • '^^
of February 28th and March 2d 1778. Said Barns has brought Archives,
up effects on account of said permits: mSs^' ^^'

Resolved, That the said Barns deliver into the Secretary's office Resolves,

,, , . , • 1 i 1 Nov. Session,

the two permits above-mentioned: Also chap. 56.

Resolved, That the prayer of said petition be so far granted that Mass.
the said Barns be and hereby is permitted to transport from this ^cx'x^vTIs.
State, in the schooner Bever, said Barns master, viz. one Hun- Province
dred bushels of corn, twenty barrels of cyder, two hogsheads chap^'824.'
of molasses, two barrels of sugar, two barrels of rum, and one

1 Signature, Massachusetts Archives, ccxxv., 28, may be Barnes 01 Barny,

252

Resolves, etc. — 1779-80. [Chaps. 535, 536.]

Hundred pounds weight of tobacco; and all commanders of ships
of war and priv^ateers of this State are ordered, and it is recom-
mended to the commanders of other armed vessels not to molest
or impede the said Barns in going from this State to Nova-Scotia.
[Passed November 20.

CHAPTER 535.

Legislative
R-ecords of the
Council,
xl., 115.
Mass.
Archives,
clxxxvi., 2.
Mass.
Resolves,
Nov. Session,
chap. 58.

Mass.
Archives,
clxxxvi., 1, 2a.

RESOLVE DIRECTING THE BOARD OF WAR TO PROVIDE THREE IRON
THREE POUND FIELD-PIECES FOR THE TOWN OF SALEM IN LIEU
OF THREE CANNON LENT, TO BE CHARGED TO THE UNITED
STATES.

On the Petition of George Williams, Agent for the town of
Salem, praying for satisfaction to be made to the said town of
Salem for three cannon they spared for the service of the United
States, as by a certificate accompanying said petition may more
fully appear:

Resolved, That the prayer of the petition be granted, and that
the Board of War be and hereby are directed to provide three
iron field-pieces, three pounders, and replace them to the town of
Salem, in lieu of the cannon lent; and that the same be charged
to the United States. [Passed November 20,

CHAPTER 536.

Legislative
Records of the
Council,
xl., 116.
Mass.
Archives,
ccxxv., 30.
Mass.
Resolves,
Nov. Session,
chap. 51.

Ante, p. 198,
chap. 416.

RESOLVES ADVANCING £50,000 TO THE COMMITTEE TO CONCUR
AND PAY ACCOUNTS AND DIRECTING THE COMMITTEE FOR STAT-
ING ACCOUNTS AGAINST THE CONTINENT TO EXAMINE THEIR
ACCOUNTS AND EXPENDITURES, ADJUSTING AND SETTLING THE

SAME.

Whereas it has been represented to this Court that the money
which was appropriated at the last Session of the General Court
to pay such accounts as have been allowed by the Committee on
Accounts is expended, and it is necessary that a further sum be
appropriated for that purpose: Therefore

Resolved, That the Honorable Council be and they hereby are
authorized to issue their warrants from time to time on the
Treasurer of this State, in favour of the Committee appointed by
Council to concur and pay accounts, for such sums as they (the
Council) shall judge necessary for payment thereof, provided the
amount of such warrants shall not exceed the sum of fifty Thou-
sand Pounds; said Committee to be accountable for the expend-
iture of the money they shall receive.

And whereas it is necessary that the accounts paid by the Com-
mittee for concurring and paying accounts, together with the
vouchers, should be lodged in the hands of Peter Boyer and
others, a Committee for stating accounts against the Continent:
Therefore

Resolved, That the said Peter Boyer and others, the Committee
aforesaid, be and they hereby are directed, from time to time, as
there may be occasion, to examine the accounts paid by said
Committee on Accounts, the monies they have received by war-
rants on the Treasury or otherwise, together with their expendi-
tures, adjust and settle the same, making the proper balances and
report to this Court the state of every settlement, until further
order. {Passed November 20.

[3d Sess.] Resolves, etc. — 1779-80. 253

CHAPTER 537

RESOLVES EXTENDING THE GRATUITIES UNDER RESOLVE OF FEB.
6, 1779, UNTO CAPT. EZRA LUNT AND OTHERS, SUPERNUMERARY
OFFICERS IN COL. HENRY JACKSON'S REGIMENT AND THE BAT-
TALIONS RAISED FOR THE CONTINENTAL ARMY.

On the Petition of Capt. Ezra Lunt and others, supernumer- Legislative
ary officers of Col. Henry Jackson's regiment, setting forth, that Records of the
in the late arrangement of the Continental Army they were put xi., lie.'
on the supernumerary list, that they have certificates to show that Ardiives,
they have done their duty faithfully while in the army, and are ccxxv., 31.
still liable to be called upon, in case officers are wanted, and pray- Resoives,
ing they may be allowed such gratuities and privileges as are chap, fr'*'"'^'
allowed other officers of this State in the service of the United

Mass.

States, by the late Resolves of the Honorable Court: Archives,

Resolved, That there be allowed and paid cut of the Treasury ProViAce'

of this State to each of said petitioners the sum granted to officers l^^ap'm ^^^'

of equal rank by a Resolve of February 6, 1779, in proportion to

the time they continued in said service, which shall be in full of

all gratuities or allowances whatever. And it is further

Resolved, That this gratuity shall extend to all officers in similar

circumstances belonging to the battalions raised by this State for

the Continental Army. [Passed November 20.

CHAPTER 538.

RESOLVE POSTPONING THE INFERIOR COURT TO BE HELD AT
WORCESTER ON THE FIRST TUESDAY OF DECEMBER UNTO THE
SECOND TUESDAY ON ACCOUNT OF THANKSGIVING, AND DIRECT-
ING THE PUBLISHING OF SAME IN THE BOSTON AND WORCESTER
NEW^SPAPERS.

Whereas by reason of the public Thanksgiving being appointed Legislative
on the 9th of December next, it will be inconvenient to have the councif,"
Court of General Sessions of the Peace and Inferior Court of Com- ^ass''^"
mon Pleas held at Worcester, in and for the county of Worcester, Archives,
on the 1st Tuesday of December next: VSs.'

Resolved, That the said Court of General Sessions of the Peace Nov*'ses'sion
and Inferior Court of Common Pleas by law to be held at Worces- chap. 49.
ter, within and for the county of Worcester, on the 1st Tuesday
of December, shall be holden at Worcester aforesaid, on the 2nd
Tuesday of the same month; and that all writs, processes and
recognizances returnable to, and all appeals made to the said
Court of General Sessions of the Peace and Inferior Court of Com-
mon Pleas, appointed by law to be holden at Worcester, and all
matters, causes and things that have day, or that might have
been had, moved or done at, in or by the said Courts, at the time
so appointed for holding the same, shall be returnable to, and may
be entered, prosecuted, had, moved and done at, in and by the
said Courts, at the time herein appointed for holding the same.
And the Secretary is hereby directed to publish this Resolve in
the next Boston and Worcester news-papers. [Passed November 20.

254

Resol\-es, etc. — 1779-80. [Chaps. 539, 540.]

CHAPTER 539

RESOLVES EXTENDING THE GRATUITIES UNDER RESOL\'E OF FEB.
G, 1779, TO MAJ. JOHN STEEL TYLER AND OTHERS, LATE OFFICERS
IN COL. HENRY JACKSON'S REGIMENT AND THE BATTALIONS
IL\ISED FOR THE CONTINENTAL ARMY, WHO RESIGNED ON AC-
COUNT OF THE DEPRECIATION OF CURRENCY AND EXORBI-
TANT PRICES.

Legislative
Records of the
Council,
xl., 118.
Mass.
Archives,
ccxxv., 34.
Mass.
Resolves,
Nov. Session,
chap. .54.

Mass.
Archives,
ccxxv., 35.
Supra, chap.
537.

On the Petition of Maj.- John Steel Tyler and others, resigned
officers of Col. Henry Jackson's regiment, setting forth, that they
were under a necessity of resigning on account of the great de-
preciation of the currency and the exorbitant price of every article
of consumption, and that they have received honorable discharges,
and praying they may be allowed the gratuity which was allowed
to officers in the Continental Army belonging to this State by a
Resolve of the General Court February 6, 1779:

Resolved, That there be allowed and paid out of the Treasury
of this State to each of said Petitioners the sum granted to officers
of equal rank by a Resolve of February 6, 1779, in proportion to
the time they continued in said service, which shall be in full of
all gratuities or allowances whatever, they producing certificates
of their being honorably discharged. And it is further

Resolved, That this gratuity shall extend to all officers in similar
circumstances belonging to the battalions raised by this State for
the Continental Army. [Passed November 20.

CHAPTER 540.

RESOLVES REMITTING A FINE OF £200 AND £45. 19s. 6d. OVER TAX
FOR TRAVEL AND ATTENDANCE OF THEIR REPRESENTATI\'E
TO THE TOWN OF MANCHESTER.

Legislative
Records of the
Council,
xl., 118.
Mass.
Archives,
clxxxv., 114.
Mass.
Resolves,
Nov. Session,
chap. .5.5.

Mass.
Archives,
clxxxv., 112.
Province
Laws, XX., 367,
chap. 970.

Whereas it appears that the town of Manchester is diminished
by one half since they furnished their proportion for the Con-
tinental Army, and that they have suffered in a singular manner
since the commencement of the war:

Resolved, That there be remitted to said town of Manchester
the sum of two Hundred Pounds, which was by the last tax-act
laid on them for a deficiency of two men of the number required
by a Resolve of April 20, 1778. And whereas it appears that said
town of Manchester was taxed in the last tax-act the sum of forty-
five Pounds nineteen Shillings and six Pence, for the travel and
attendance of their Representative, more than was due from them
on that account:

Resolved, That the aforesaid sum of forty-five Pounds nineteen
Shillings and six Pence be remitted to the town of Manchester.
[Passed November 20.

[3d Sess.] Resolves, etc. — 1779-80. 255

CHAPTER 541.

RESOLVE GRANTING £2,700 TO HENRY HILL, ESQ., ONE OF THE
MANAGERS OF THE STATE'S LOTTERY, FOR HIS OWN MONEY USED
FOR THE LOW PRIZES, ON ACCOUNT OF THE MONEYS HE RECEIVED
FOR TICKETS BEING TAKEN OUT OF CIRCULATION.

Upon the Petition of Henry Hill, Esq., one of the Managers Legislative
of the State Lottery, praying that he may be allowed the money cowicif," *'^
which he has paid of his own property for the low prizes in the ^| • ii^-
third class of said Lottery, on account of the monies which he Archives,
received for tickets being taken out of circulation by a Resolve of MasJ."

Pon oTP<j« • Resolves,

V^ongreSS. ^ ^ ^ Nov. Session,

Resolved, That there be paid out of the public Treasury of this chap. 59.

State to Henry Hill, Esq., one of the Managers of this State's Mass.
Lottery, the sum of two Thousand seven Hundred pounds, he to ^^y'^^^^
be accountable for the same. [Passed November 20.

CHAPTER 542.

RESOLVES APPOINTING AND EMPOWERING THE AGENTS FOR COL-
LECTING CLOTHING TO BE INSPECTORS OF THE SAME ON TAKING
THE PRESCRIBED OATH.

Whereas it has been represented that some of the cloathing Legislative
which has been heretofore collected from the different towns in cou?icif, '^ ' "^
this State, for the use of the army, has been of such quality as is ^ • ^^^
very unsuitable for the use for which they were intended, and that Archives,
some of the Agents for receiving cloathing in the different counties mSI'
have not considered themselves authorized to examine and reiect Resolves,

1 • 1 1 1 1 mi p s:<ov. Session,

such articles as are unmerchantable: Ihererore chap. 62.

Resolved, That the respective Agents appointed in each county Ante, p. 7-:
for receiving said cloathing, be and they hereby are appointed as ''^^P' ^^^'
Inspectors also of the cloathing which is or may be collected in
their respective counties, pursuant to a Resolve of the General
Court of the 21st of June last, and the said Inspectors shall,
previous to entering on the duty by this Resolve assigned them,
take the following oath, viz.

I A. B. being appointed an Inspector of the Cloathing collected
in the County of agreeable to a Resolve of the General

Assembly of the 21st of June last, do solemnly swear, that I will
not approve of any articles of said cloathing but such as shall
appear, upon careful and thorough examination, to be made of
good materials and faithfully manufactured.

So help me God.

And provided any article shall be disapproved of by the In-
spector, if he shall know the person of whom he received it, and
the Committee on Accounts have not passed an account for the
same, then the said Agent and Inspector shall deduct such article
from the return which he was ordered to make to said Commit-
tee, and shall return said article to the person of whom he received
it: But if the said Agent and Inspector shall not know the person
of whom he received such article, or if the same shall be allowed
for by the Committee on Accounts, in such case, said Agent and
Inspector shall dispose of the same on the best terms he can, and
account for the proceeds to the Committee on Accounts. [Passed
November 22.

256

Resol\-es, etc. — 1779-80. [Chaps. 543-545.]

CHAPTER 543.

RESOLVE DEDUCTING £31. 4s. FROM THE NEXT TAX SET UPON THE
TOWN OF H.\LIFAX.

Legislative
Records of the
Council,
xl., lUd.
Mass.
Archives,
ccxxv., 41.
Mass.
Resolves,
Xov. Session,
chap. 60.

Mass.
Archives,
ccxsv., 42.

The Committee to whom the Petition of the Selectmen of
Halifax was committed, have examined the subject matter there-
of, and find said Town taxed the sum mentioned in said petition
for a Representative's pay, when they had no Representative from
said Town:

Resolved, That there be deducted out of the next Tax set upon
the Town of Halifax, the sum of thirty-one Pounds four Shillings,
being the same sum affixed to said Town in the last Tax-Bill.
[Passed November 22.

CHAPTER 544

RES0L\1E DIRECTING THE NAVAL OFFICER FOR THE PORT
BOSTON TO CLEAR OUT WINES FOR WILLIAM ERSKINE.

Legislative
Records of the
Council,
xL, 112rf.
Mass.
Archives,
ccxxv., 43.
Mass.
Resolves,
Nov. Session,
chap. 64.

Mass.
Archives,
ccxxv., 44.
Province
Laws, v., 1114,
chap. 13.

The Petition of William Erskine humbly shews that your
Petitioner is owner of the Ship Henry, William Burke Commander,
that said Ship is bound to Philadelphia, and has on board a parcel
of Wines, belonging to the Continent as your Honors will observe
by the inclosed Certificate,^ which cannot be cleared out without
permission from your Honors. Your Petitioner therefore humbly
prays, that your Honors will direct the Naval-Officer to clear out
said Wines, and your Petitioner as in duty bound will ever pray

William Erskine

In Council, Read and

Resolved, That the praj^er of his Petition be granted, and that
[Nathaniel Barber, Esq.],^ the Naval-Officer for the Port of Boston
be and he hereby is directed to clear out the Wines mentioned
therein, the present Act for laying an embargo notwithstanding.
In the House of Representatives

Read and Concurred. [Passed Novemher 22.

CHAPTER 545.

RES0L\T: \"ESTING the inhabitants OF THE FOURTH PARISH IN
NEWBURY WITH ALL THE POWERS AND PRIVILEGES OF OTHER
PARISHES.

Legislative
Records of the
Council,
xl., 112<i.
Mass.
Resolves,
Nov. Session,
chap. 65.

On the Petition of Moses Little, Esq., in behalf of the 4th
parish in Newbury:

Resolved, That the inhabitants of the 4th parish in Newbury be
and hereby are vested with full power and authority to exercise
all the powers and privileges of other parishes within this State,
the construction of any Resolve of the General Court heretofore
passed notwithstanding. [Passed November 22.

» Boston, 22d Nov. 1779.
These Certify that the Subscriber by order of the Honorable Congress have shipped
on Board the Ship Henry, William Burke, for Philadelphia a parcel of Madeira Wines,
viz. ninety pipes and half pipes.

J[ohn] 3 Bradford.

2 Province Laws, xx., 589, chap. 450.

3 Ibid., 296, chap. 790.

[3d Sess.] Resolves, etc. — 1779-80. 257

CHAPTER 546.

RESOLVES DIRECTING THE BOARD OF WAR TO FURNISH EACH
OFFICER IN GLOVER'S AND OTHER BRIGADES WITH ONE HAND-
KERCHIEF.

Whereas Maj. Cogswell, Agent for Gen. [John]i Glover's Legislative
Brigade, has procured a Handkerchief for each Officer in said councif,° ^ ^
Brigade, which Handkerchiefs the Board of War think themselves ^^g^^''
not authorized to pay for: Therefore Archives,

Resolved, That the Board of War be and hereby are directed to MasJ.'
pay for said Handkerchiefs and deliver them to Maj. Thomas nov°' Session
Cogswell, taking his receipt for them in the same manner as they chap. 63.
are directed for other cloathing. And it is further

Resolved, That in case the Agents for any other of the Brigades
of this State should apply for Handkerchiefs, that the Board of
War are hereby directed to furnish them (if to be had) in the same
manner. [Passed November 22.

CHAPTER 547.

RESOLVE CONFIRMING THE ELECTION OF EBENEZER METCALF
AND EBENEZER ALLDIS, COLLECTORS OF TAXES FOR THE TOWN
OF FRANKLIN.

On the Petition of the Selectmen of Franklin, praying that the Legislative
votes passed at a legal town-meeting held at Franklin on the 2nd Coundf, °
day of August last, for the choice of two Collectors, may be con- ^ass^^'''
firmed, and that the said Collectors, viz. Ebenezer Metcalf and Archives,
Ebenezer Alldis, may be vested with the same power and au- mSs.'
thority to levy and collect all such rates and taxes as have or xov°'se^s'«ion
shall be committed to them by lawful authority, as though they chap. 6i.

were or had been chosen in the month of March last: Mass.

Resolved, That the votes passed by the town of Franklin on the ^l^x'vl^l?.
2nd day of August last be and hereby are confirmed, and that the
said Ebenezer Metcalf and Ebenezer Alldis, who were chosen
Collectors of Taxes at said meeting, be and they are hereby vested
and impowered to levy and collect all such rates and taxes as shall
be committed to them with lawful warrants to collect the same,
in as ample manner as though they had been chosen in the month
of March last; any law to the contrary notwithstanding. [Passed
November 22.

CHAPTER 548.

RESOLVE APPOINTING A COMMITTEE TO VIEW CHESTERFIELD AND
THE GORE ADJOINING, CONSIDER ITS INCORPORATION AND RE-
PORT TO THE NEXT GENERAL COURT.

On the Petition of a part of Chesterfield, and also of a Gore Legislative
of Land adjoining, praying they may be incorporated into a Town, coSndf, °' ^''^
as set forth in their petition, and also upon consideration of the ^ • "3'^-
answer made by the Town of Chesterfield, praying that said peti- Archives,
tion may be dismissed, for reasons mentioned in said answer: MasJ.'^^'

Resolved, That Timothy Danielson, Esq., Maj. [Warham]^ Parks Resolves.

> Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 508.
« OfWestfield.

258

Resolves, etc. — 1779-80. [Chaps. 549, 550.]

Nov. Session,
chap. 60.

Ante, p. 133,
chap. 264.

and Mr. [Timothy] ^ Clark, be a Committee to repair to Chester-
field, and view the Town of Chesterfield and said Gore or Gores of
Land adjoining thereto, set forth in the petitions aforesaid, and also
consider the act of the incorporation of the Town of Chesterfield
into a Town, and hear the parties relating to the premises, and all
or any matter or thing that may he laid before said Committee by
either party conferring their petitions and answer aforesaid, and act
for the incorporation abovesaid, and make report to the Court on
the 3rd Wednesday of the next May session of the then General
Court what they think proper to be done in the premises; said
Committee giving notice to all parties concerned of time and place
of their meeting for the purpose aforesaid, the cost and expences
of said Committee to be paid by the petitioners. [Passed Novem-
ber 23.^

CHAPTER 549

RESOL\"E ALLOWING ONE MOIETY OF ALL DIVIDENDS OF PRIZE
GOODS AND SHARES OF PRIZE MONEY WHICH ANY DESERTER
FROM THE AMERICAN TROOPS, ENTERING ON BOARD SHIPS OF
WAR, IS ENTITLED TO, TO THE PERSON OR PERSONS INFORMING
AGAINST AND SECURING SUCH DESERTER.

Legislative
Records of the
Council,
xl., 114rf.
Mass.
Archives,
ccxxv., 49.
Mass.
Resolves,
Nov. Session,
chap. 68.

Pro%'ince
Laws, v., 1075,
chap. 9.

Whereas by an Act of this State passed in the present year,
intituled, " An Act to prevent Deserters from the American Troops
entering on board Ships of War," it is among other things enacted,
that any non-commissioned officer or private soldier belonging to
the Continental Army or the troops in the service and pay of this
State, who shall desert and enter on board any armed ship or
vessel of war and proceed on a cruize, and shall assist in capturing
any vessel or vessels, goods, wares or merchandizes, which may
hereafter be condemned as prizes, shall forfeit all his right and
title to the same, and all shares of any such prizes or dividends of
prize-goods, which he might otherwise be intitled to, shall enure
and accrue to the use of this State; and as by said Act no reward
is offered for the discovery of such deserters: Therefore

Resolved, That one moiety of all dividends of prize-goods and
shares of prize-money, which any such deserter might otherwise
be intitled to, shall enure and accrue to the person or persons who
shall inform against and secure such deserter, so as he shall be re-
turned to the corps he belonged to at the time of his desertion;
the other moiety to accrue to the use of the said State; any law,
usage or custom to the contrary notwithstanding. And the Sec-
retary is directed to cause this Resolve to be published in the
several Boston news-papers. [Passed November 23.

CHAPTER 550.

Legislative
Records of the
Council,
xl., 115rf.
Mass.
Archives,
ccxxv., 50.

RESOLVE EMPOWERING THE GUARDIAN OF ARTEMAS MORE, A
MINOR, TO SELL WOODLAND IN HOLDEN IN ORDER TO GIVE HIM
AN ACADEMICAL EDUCATION.

On the Petition of Loring Lincoln, of Brookfield, in the County
of Worcester, Guardian to Artemas More, a minor, praying for
liberty to sell two pieces of land, one of about thirty acres of wood-
land, lying in the town of Holden, and about twenty acres of land

' Of Southampton.

2 This date is same in Massachusetts Resolves, but November 22 according to
Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 259

in Paxton, belonging to said minor, to enable said Guardian to Mass
give the said Artemas an academical education: Nov. Session,

Resolved, That the prayer of said petition be so far granted as cjiapj^^

that the said Loring Lincoln be and he hereby is impowered to ^^"^^^^j^g^
make sale of the said thirty acres of wood-land, lying in the town ccxxv., 5i.
of Holden, for the most the same will fetch, and make and execute
a good deed or deeds of the same to the purchaser or purchasers,
and give sufficient caution to the Judge of Probate for the county
of Worcester, that so much of the neat proceeds arising by said
sale as shall be necessary shall be expended for said minor's edu-
cation, and the remainder, if any be, shall be secured for said
minor, and account with the said Judge of Probate for the same,
when he shall be thereunto required. [Passed November 23.

CHAPTER 5.51.

RESOLVE GRANTING £50 TO JOHN ALDEN FOR BOARDING AND Legislative
NURSING A SICK SAILOR IN APRIL, 1776, WHO WAS THEN IN THE Records of the
SERVICE OF THIS STATE. xi°,Tl6rf.

Mass.

On the Petition of John Alden, praying for allowance for J^vTh.
boarding a sick sailor: _ Resoives.

Resolved, That there be paid out of the public Treasury of this Nov. Session,
State to John Alden the sum of fifty Pounds, in full for boarding " ^^

and nursing a sick sailor, in April, 1776, who then was in the serv- Archives,
ice of this State. [Passed November 23. "cxxv., 58.

CHAPTER 552.

RESOLVE PERMITTING TIMOTHY FITCH OF MEDFORD TO EXPORT
RUM, SUGAR, COFFEE, OIL AND EARTHENWARE TO CONNECTI-
CUT ON THE SLOOP BOSTON PACKET, SHUBAEL KILLEY, MASTER,
CONDITIONAL ON HIS IMPORTING PROVISIONS FROM CONNECTI-
CUT, THE DANGER OF THE SEAS AND ENEMY EXCEPTED.

Whereas Timothy Fitch, of Medford, has represented to this Legislative
Court that he has one Hundred bushels of salt now laying in the coS^cIf, °^ "^"^^
State of Connecticut, and that he is desirous of sending a vessel xi., 120.'

• • 1 Mass

to that State with such a quantity of West-India goods as with Archives,
said Hundred bushels of salt will be sufficient to load said vessel jISs^' ^^'
with flour or grain, to be imported into the port of Boston: Resolves,

Resolved, That the said Timothy Fitch have liberty to ship on chap. 72.

board the sloop Boston-Packet, Shubael Killey master, ten barrels Mass.
of rum, two hogsheads of sugar, two barrels of coffee, one barrel ^^^y'^^lo
of oil, and a quantity of earthen ware, and [Nathaniel Barber,
Esq.],^ the Naval-Officer is hereby directed to clear out said sloop,
with the abovementioned goods on board, for Connecticut, provided
the said Timothy Fitch give bond in the sum of three Thousand
Pounds, to said Naval-Officer, that such quantities of provisions
as shall be shipped from Connecticut on board said sloop shall
be imported into this State, the danger of the seas and enemy ex-
cepted. [Passed November 21^?

1 Province Laws, xx., 589, chap. 450.

2 This date is same in Massachusetts Resolves, but November 22 according to
Legislative Records of the Council.

260

Resolves, etc. — 1779-80. [Chaps. 553-555.]

CHAPTER 553

Legislative
Records of the
Council,
xl., 118<2.
Mass.
Archives,
ccxxv., 61.
Mass.
Resolves,
Nov. Session,
chap. 70.

Mass.
Archives,
ccxxv. , 62.

RESOLVE PERMITTING JOSIAH FESSENDEN AND EPHRAIM WILLARD
TO TRANSPORT FOUR LOADS OF WEST INDIA GOODS INTO CON-
NECTICUT.

Whereas Josiah Fessenden and Ephraim Willard, of the State
of Connecticut, have transported into this State eleven loads of
flax and flour, and sold the same:

Resolved, That the said Josiah Fessenden and Ephraim Willard
have leave to transport out of this State four loads of West-India
Goods into the State of Connecticut, any law or resolve of this
State to the contrary notwithstanding. [Passed November 2J^}

CHAPTER 554

Legislative
Records of the
Council,
xl., Wli.
Mass.
Resolves,
Nov. Session,
chap. 74.

RESOLVE GRANTING £78 TO CAPT. SILAS FOWLER FOR TAKING UP
AND SECURING ISAAC GILBERT, A DESERTER.

On the Petition of Capt. Silas Fowler:

Resolved, That the sum of seventy-eight Pounds be paid out of
the public Treasury to Capt. Silas Fowler, in full of his account
for taking up and securing one Isaac Gilbert, a deserter, who was
afterwards taken out of his hands by the civil authority as an
evidence for the discovery of sundry persons inimical to the United
States. [Passed November 24-

CHAPTER 555.

Legislative
Records of the
Council,
xl., llSrf.
Mass.
Archives,
ccxxv., 63.
Mass.
Resolves,
Nov. Session,
chap. 73.

Mass.
Archives,
cxlvi., 480;
ccxxv., 64, 65.

RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH CAPT.
NATHAN GOODALE WITH SUNDRY ARTICLES OF CLOTHING IN
LIEU OF THOSE TAKEN FROM HIM BY THE ENEMY IN AUGUST,
1779, WHEN HE CAME FROM NEW YORK ON PAROLE.

On the Petition of Capt. Nathan Goodale, praying to be sup-
plied out of the public store in this State fo^ sundry articles of
cloathing taken from him by [a plundering bandit of]^ the enemy,
some time in August, 1779, when he came from New-York on his
parole:

Whereas it appears to this Court that said Goodale has done
singular services for his country, and is now immediately called
to return to New- York on his parole, and from particular circum-
stances it is apprehended the enemy will detain him in their hands
as long as possible: Therefore

Resolved, That the Board of War be and they hereby are directed
to furnish said Goodale with one beaver hat, one regimental coat,
jacket and breeches, linen for six shirts and six stocks, six pair
of hose, two pair of shoes, one pair of leather breeches, three pair
of linen breeches, one pair of woolen over-alls, one pair of linen
over-alls, two silk handkerchiefs, and three pocket linen handker-
chiefs; also a pair of silver shoe buckles and knee buckles: Which
things are in full for the baggage he lost, as mentioned in a sched-
ule accompanying his petition. [Passed November 24-

> This date is same in Legislative Records of the Council, but November 23 ac-
cording to Massachusetts Resolves.
2 Massachusetts Archives, cxxv., 64.

[3d Sess.] Resolves, etc. — 1779-80. 261

CHAPTER 556.

RESOLVE POSTPONING THE INFERIOR COURT TO BE HELD AT TAUN-
TON ON THE 3d TUESDAY OF DECEMBER UNTIL THE 2d TUESDAY
OF MARCH NEXT, THERE BEING LITTLE PROBABILITY OF MUCH
BUSINESS TO BE DONE, THE SAME TO BE PUBLISHED IN THE BOS-
TON NEWSPAPERS.

Whereas the Inferior Court of Common Pleas for the County Legislative
of Bristol by law is appointed to be holden on the 3rd Tuesday of council, ° * ^
December next, and that being the first Court after the Term- ^' ^^^''■
Court, and but little probability of much business to be done at Archives,

.1 , , ccxxv., 66a.

that term: Mass.

Resolved, That the said Court of General Sessions of the Peace n^^^'^^^j „
and Inferior Court of Common Pleas, by law to be holden at chap. 76.
Taunton, within and for the county of Bristol, on the 3rd Tuesday
of December next, be and hereby is adjourned to the 2nd Tuesday
of March next, then to be holden at Taunton, in and for said
county of Bristol: And all writs, processes and recognizances re-
turnable to, and all appeals made to the said Court of General
Sessions of the Peace and Inferior Court of Common Pleas, ap-
pointed by law to be holden at Taunton, and all matters, causes
and things that have day, or that might have been moved or done
at, in or by the said Courts, at the time so appointed for holding
the same, shall be returnable to, and may be entered, prosecuted,
heard, moved and done at, in and by said Courts, at the time
hereby appointed for holding the same. And the Secretary is
hereby directed to publish this Resolve in the next Thursday
Boston news-papers. [Passed November 25.^

CHAPTER 557.

RESOLVE REVERSING JUDGMENT IN AN ACTION OF TRESPASS BY
AMASA GILSON OF GROTON AGAINST ELEAZER TYNG OF DUN-
STABLE AND ALLOWING SAID TYNG TO PROSECUTE TO EFFECT
THE ACTION OF TRESPASS AT THE INFERIOR COURT TO BE HELD
AT CONCORD ON THE 2d TUESDAY OF MARCH NEXT.

The Committee of both Houses to whome was Referred the Legislative
Petition of Eleazer Ting [Tyng],^ Esq., have Attended that Serv- goTncn,"^*''"
ice, and ask leave to report by way of Resolve: Mass^^'^

Samuel Niles per Order. Archives,

CCXXV. 67.

Resolved, That the judgment on an action of trespass obtained Mass. '
by Amasa Gilson, of Groton, in the County of Middlesex, Hus- no^ Session,
bandman, against Eleazer Tyng of Dunstable, in said County of °^^^p- ''^-

Middlesex, Esq., be and hereby is reversed, and that the said Mass.
Tyng have liberty to commence and prosecute to effect the action ccxxv., 68-76.
of trespass prayed for in said Tyng's petition against the said
Amasa Gilson at the Inferior Court of Common Pleas to be holden
at Concord, in said County, on the 2nd Tuesday of March next.
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed November 25.^

1 This date is same in Massachusetts Resolves, but November 24 according to
Legislative Records of the Council.

^ Massachusetts Archives, ccxxv., 72.

* This date is same in Massachusetts Resolves, but November 24 according to
Legislative Records of the Council.

262

Resolves, etc. — 1779-80. [Chaps. 558, 559.]

CHAPTER 558

RESOLVES DIRECTING THE COMMITTEE APPOINTED TO MEET THE
COMMITTEE FROM THE ARMY TO ADJUST AND SETTLE THE AC-
COUNTS AND THE TREASURER TO PAY THE BALANCES OF SUCH
AS ARE ENGAGED IN THE SERVICE IN CURRENT MONEY IF THE
TREASURY WILL ADMIT, OR IN GOVERNMENT SECURITIES ON
INTEREST PAYABLE JAN. 1, 1781, AND THOSE WHO HAVE NOT EN-
GAGED DURING THE WAR IN HIS NOTES ON INTEREST PAYABLE
JUNE 1, 1781.

Legislative
Records of the
Council,
xl.. 119rf.
Mass.
Archives,
ccxxv., 77.
Mass.
Resolves,
Nov. Session,
chap. 77.

Ante, p. 177,
chap. 371.

Resolved, That the Committee who have been appointed to
meet a Committee from the Arm}^ to adjust and settle the ac-
counts of the officers and soldiers belonging to the Continental
Army from this State, be and they hereby are directed to take
into the account for said settlement any advances made by Con-
gress to officers and soldiers, over and above their established pay
and subsistence; also all gratuities and advances made by this
State, either in money, cloathing or stores; likewise the supplies
made for the soldiers families by the several towns in this State,
in obedience to the orders of the General Court: But no account
is to be made of any bounties given to encourage men to enter
the service, either by the Continent, this State, or any town or
person therein. And the said Committee are further directed to
proceed in said business with all possible dispatch, and as soon as
any part thereof is compleated, they are to lodge in the Secretary's
office a return of the balances, together with the persons names to
whom they are due; and the Honorable Council are requested
(on proper application therefor) to grant warrants on the Treas-
urer for the payment thereof. And the Treasurer aforesaid is
hereby directed to pay the balances of such as are engaged in the
service during the war in current money, if the state of the
Treasury will admit of it, otherwise in government securities on
interest, payable the 1st day of January 1781, which securities
shall be exchanged and current money given therefor by any of
the Collectors or Constables in this State, allowing the principal
and interest due at the time of such exchange, at which time the
interest on such notes shall cease. And the Treasurer of this State
is hereby directed to receive such notes in payment for any taxes,
allowing the interest due thereon at the time they were exchanged
by such Collector or Constable. And it is further

Resolved, That the Treasurer of this State be and he hereby is
directed to pay all the balances due to those who have not en-
gaged during the war in his notes on interest, payable on the 1st
day of June 1781. [Passed November 25.

Legislative
Records of the
Council,
xl., 120rf.
Mass.
Archives,
ccxxv., 8i.
Mass.
Resolves,
Nov. Session,
chat). 79.

CHAPTER 559.

RESOLVE REMITTING A FINE OF £300 LAID ON THE TOWN OF MUR-
RAYFIELD IN FEBRUARY LAST FOR DEFICIENCY IN RAISING
THREE MEN.

On the Petition of the inhabitants of the town of Murrayfield,
praying for an abatement of a fine laid on said town by the tax-
bill in February last, for being deficient in raising two men for
nine months and one for eight months; and whereas it appears
to this Court that said town had two men inlisted for three years
more than their quota of the seventh part of the inhabitants of
said town:

[3d Sess.] Resolves, etc. — 1779-80. 263

Resolved, That the fine of three Hundred Pounds, laid on said ^'fchives.
town, be remitted; and that there be allowed and paid out of the ccxxv., 82-84.
Treasury of this State to the town of Murrayfield the aforesaid
sum of three Hundred Pounds, for the fines above-mentioned.
[Passed November 25.

CHAPTER 560

RESOLVES DIRECTING THE BOARD OF WAR TO SUPPLY WILLIAM
BAKER, MESSENGER TO THE GENERAL COURT, WITH LINEN,
SHOES AND STOCKINGS, GRATIS, AND ALLOWING HIM £400 FOR
THE ENSUING QUARTER.

On the Petition of William Baker, Messenger of the General Records'of the
Court, setting forth that the prices of all the necessaries of life, Council,
especially the articles of cloathing, are so exorbitant that he is not Mass" '
able to procure for his own use either Shoes, Stockings, or Linen ^^^^^^^79
for Shirts: He therefore humbly prays the Board of War may be Mass
ordered to supply him with the above Articles : Nov. Session,

Resolved, That the prayer of the petition be granted, and that ^^'^p- '^-

the Board of W^ar be and they hereby are directed, as soon as may ^^^^[^ g
be, to furnish said Baker with one piece of Linen for Shirts, three ccxxv., so.
pairs of Stockings, and three pair of Shoes, and that the above
articles be delivered him gratis. And it is further

Resolved, That he be allowed four Hundred Pounds for the ensu-
ing quarter, commencing the 26th instant. [Passed Noveviber 25.

CHAPTER 561.

VOTE ACCEPTING THE REPORT OF COMMITTEE RECOMMENDING
THE DIVISION OF THE TOWN OF SUDBURY AND THAT THE PETI-
TIONERS HAVE LIBERTY TO BRING IN A BILL.

The Committee of both Houses appointed on the Petition of fe<^-'*'5*'^T „

T i/~i- 11 Til- ci-n 1 i»i Records of the

Joseph Curtis and others, inhabitants of the Lasterly part 01 the Council,
Town of Sudbury, praying for a Committee of this Court to settle Mass/
a just line, and order such Divisions and Regulations as may be ''^^^xv^^'ls

necessary between them and the Westerly part of the Town, and - — - — '■

ordered to repair to Sudbury, hear the parties, view the Cir- Archives,
cumstances of said Town and report what ought to be done: SeTb^so!^"

Report, that having duly notified the Town of Sudbury, by chap. 91.
notifying the Clerk of said Town, of time and place of meeting,
and being met by the Selectmen, together with a large number of
other most respectable Gentlemen belonging to the Westerly part
of said Town, we spent several days in hearing the parties, and
viewing the Circumstances of said Town, and after the most
deliberate consideration, your Committee are clearly, and unani-
mously of Opinion, that it will greatly contribute to the con-
venience and peace, of both parties and serve the publick Inter-
est, that said Town be divided into two separate Towns, by the
following line, viz. Beginning with the River between Concord
and Lincoln, thence to run with the River 'till it comes to the
mouth of the Ditch on the Westerly side of said River, between
the meadows of William Baldwin, Esq., and Eliakim Rice, thence
on said Ditch to the County Road leading to Stow, crossing said
Road, and bounding on the Southerly side thereof 'till it comes to
the line between the Land of Nathaniel Rice and Jonathan Carter,

2(54

Resolves, etc. — 1779-80.

[Chap. 562.

thence Southwesterly with the hne between said Rice and Carter
to the hind of Lieut. EHsha Wheeler, thence running Easterly with
the line between said Carter and said Wheeler to the County
Road leading to Marlborough, thence running up and bounding
on the Westerly side of said Road till it comes opposite to the
line between the lands belonging to the heirs of Lieut. Daniel
Goodenow, deceased, and land in possession of Robert Eames, at
Sandy Hill (so called), thence crossing said Road to the corner
aforesaid, thence running to a Swamp white Oak Tree near the
head of Capt. Moses Maynard's Meadow, thence running a strait
line to a Swamp white Oak Tree standing on the bank of the
River, Easterly from the dwelling House of Capt. Moses Stone,
thence up, and with said River to Framingham line:

And further it is the Opinion of your Committee that the
Bridges and long Causeways over the River and Meadow near
Mr. Jonathan Carter's, shall forever hereafter be supported and
maintained by the two Towns, in equal proportion, the said
Bridges and Causeways lying within the limits of the Easterly
Town notwithstanding; and that all the Monies or Estates here-
tofore given by any person or persons to the Town of Sudbury,
should be equally divided to each Town and they respectively
empowered to dispose of their respective Moities agreeable to the
direction of the Donors; And that the Town Stock of Arms and
Ammunition be divided to each Town in equal proportion accord-
ing to the number of persons that are obliged to bear Arms in
each Town ;

And that the Petitioners have liberty to bring in a Bill for
the purposes aforesaid.
In Council

Read and Accepted.

In the House of Representatives

Read and Concurred. [Passed November 26.^

CHAPTER 562

Legislative
Records of the
Council,
xl., 123.
Mass.
Archives,
ccxxv., 94.
Mass.
Resolves,
Nov. Session,
chap. 83.

Mass.
Archives,
ccxxv., 95.

RESOLVE PERMITTING EFFECTS OF THE LATE JOHN BARNARD TO
THE VALUE OF £200 TO BE SENT FROM NOVA SCOTIA TO PAY TO
SL'NDRY INHABITANTS OF SALEM DEBTS CONTRACTED BEFORE
THE WAR.

Whereas application is now made to this Court, praying that
Benjamin Barnard, an inhabitant of the Government of Nova
Scotia, may be permitted to bring or send into this State effects
sufficient to discharge sundry debts contracted before the present
war, and now due from the estate of his late brother John Barnard
to sundry of the inhabitants of Salem:

Resolved, That any effects belonging to the estate of the said
John Barnard, to the amount of not more than two Hundred
Pounds sterling, according to the value of such effects before the
present war, that may be sent or brought from Nova Scotia for
the purpose of discharging said debts be allowed a safe passport
to this State; and all Commanders of vessels belonging to this
State or the subjects thereof are directed, and those Commanders
of vessels belonging to other of the United States or their Allies,
are requested to permit such effects to pass unmolested to this
State; and the present Representatives of the Town of Salem are
hereby directed to take particular care that no undue advantages
are taken in consequence of this Resolve. [Passed November 26.

' This date is November 25 according to Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 265

CHAPTER 563.

RESOLVE EMPOWERING THE JUSTICES OF THE NEXT INFERIOR
COURT TO BE HELD AT CAMBRIDGE TO TAKE OFF A DEFAULT
OBTAINED BY LEMUEL BLANCHARD AGAINST SAMUEL DAN-
FORTH, JR., A SOLDIER IN THE CONTINENTAL ARMY AND ADMIT
HIM TO APPEAR HIMSELF, OR BY HIS ATTORNEY, TO ANSWER
SAID LEMUEL BLANCHARD.

On the Petition of Samuel Danforth, setting forth that his Legislative
son, Samuel Danforth, jun., a soldier in the Continental Army, CoMcif." * °
was defaulted in an action of damage, brought against him by one ^{;^g^"^-
Lemuel Blanchard, of Cambridge, at the last Inferior Court of Archives,
Common Pleas, held at Concord, within and for the County of uS^."
Middlesex, and praying that said Court may be impowered to Nov*'ses'sion
take off said default: chap. so.

Resolved, That the prayer of said petition be granted, and that Mass.
the Justices of said Inferior Court be and hereby are impojvered ^^j^v^^g?
to take off said default at the next Inferior Court of Common
Pleas to be holden at Cambridge, within and for said County of
Middlesex, and to admit the said Samuel Danforth, jun., to appear
himself, or by his Attorney, to answer to the said Lemuel Blan-
chard, any law to the contrary notwithstanding. [Passed Novem-
ber 26.

CHAPTER 564.

RESOLVES DIRECTING CAPT. THOMAS FLINT TO DELIVER HIS PER-
MIT INTO THE SECRETARY'S OFFICE AND PERMITTING HIM TO
CARRY GRAIN, CIDER, MOLASSES, RUM AND SUGAR TO NOVA
SCOTIA IN THE SCHOONER HANNAH, AND TO RETURN IN HER
WITH HIS FAMILY AND EFFECTS THIS WINTER OR NEXT SPRING.

Upon the Petition of Thomas Flint, praying for permission to Legislative
carry down some necessaries to his famih' at Nova-Scotia, your councif,° ^
Committee finds said Flint has a permit of this Court, also that ?••• 124.
said Flint has brought up effects on account of said permit: Archives,

Resolved, That the said Flint deliver into the Secretary's office mSs^" ^^'
the above permit. Also Resolves,

n J 7 rrn 1 i> • 1 • • 1 <• 11 Nov. hession,

Resolved, Ihat the prayer oi said petition be so tar granted that chap. 85.

the said Flint be and hereby is permitted to transport from this Mass.
State, in the Schooner Hannah, said Flint master, viz. one Hun- ^cx*xv^^99
dred bushels of grain, six barrels of cyder, a teirce of molasses, one
barrel of rum, and one barrel of sugar; and all Commanders of
ships of war of this State are ordered not to molest or impede the
said Flint: It is also recommended to all Commanders of armed
vessels of the United States not to molest said Flint in going from
this State to Nova-Scotia. It is further

Resolved, That the said Flint be and hereby is permitted to
return in the abovesaid Schooner Hannah, this winter or the next
spring, with his family and effects; and all Commanders of ships
of war of this State are ordered not to molest or impede the said
Flint; it is also recommended to all Commanders of armed vessels
of the United States not to molest said Flint in returning from
Nova-Scotia to this State as above. [Passed November 26.

266

Resolves, etc. — 1779-80. [Chaps. 5G5, 566.]

Legislative
Records of the
Council,
xl., 125.
Mass.
Archives,
ccxxv., 100.
Mass.
Resolves,
Nov. Session,
chap. 82.

Mass.
Archives,
ccxxv., 101.
Province
Laws, v., 1114,
chap. 13.

Legislative
Records of the
Council,
xl., 125.
Mass.
Archives,
ccxxv., 102-104.
Mass.
Resolves,
Nov. Session,
chap. 84.

Mass.
Archives,
cbcxxvi., 240.

CHAPTER 565.

RESOLVE PERMITTING WILLIAM STIMSON TO TRANSPORT RUM
AND WOOL CARDS TO NEW YORK IN ORDER THAT HE MAY BRING
IRON INTO THIS STATE WHICH THE BOARD OF WAR MAY PUR-
CHASE.

Whereas William Stimson has represented to this Court that
he has a quantity of iron in the State of New- York, which he is
desirous to bring into this State, in order to accomplish which, he
requests liberty to transport out of this State two hogsheads of
rum and one groce of wool-cards: Therefore

Resolved, That the said William Stimson have liberty to trans-
port out of this State into the State of New- York, two hogsheads
of rum and one groce of wool-cards, the Embargo Act to the con-
trary notwithstanding; he giving the Board of War the offer of
purchasing the same upon his return. [Passed November 26.

CHAPTER 566.

RESOLVES PROMOTING ANDREW PETERS, THOMAS COGSWELL AND
OTHERS, OFFICERS IN THE FIFTEEN BATTALIONS, WITH THE
FORM OF WARRANTS TO BE SENT TO THE MAJOR GENERAL OF
THIS STATE WITH A LETTER OF INSTRUCTION AS TO PROMOTION
BY RANK, WHICH WILL BE THE PRACTICE IN THE FUTURE, AND
ANOTHER NOTIFYING GEN. HEATH OF THE APPOINTMENT OF
MA J. COGSWELL AS LIEUTENANT COLONEL THOUGH OUTRANKED
BY MAJ. HULL, WHO WAS NOT APPOINTED BY THIS STATE.

The Committee appointed by both Houses on the Letters of
Col. Timothy Bigelow and Col. Henry Jackson, have attended
that service and ask Leave to report the following Letters and
Resolve, which are Submitted.

Moses Gill per Order

Resolved, That the following Officers in the Battalions raised by
this State to serve in the Continental Army, be and they hereby
are appointed to the several ranks mentioned against their Names,

Andrew Peters, Lieutenant Colonel in Col. [John] ' Greaton's Regiment.
Thomas Cogswell, Lieutenant Colonel in Col. [Timothy] ^ Bigelow's Regiment.
William H[udson] ^ Ballard, Major in said Regiment.
John Peirce, Captain in ditto.
Moses Roberts, Captain in ditto.
Phinehas Bowman, Captain in ditto.
William Crosman, Captain in ditto.
Gabriel Michael Houdin, Captain-Lieutenant in ditto.
Joseph Washburn, Lieutenant in ditto.
William Eysandeau, Lieutenant in ditto.
John Kennedy, Lieutenant in ditto.
John Stowers, Lieutenant in ditto.
John Warren, Ensign in ditto.

Jeremiah Hill, to be First Lieutenant in Col. Henry Jackson's Regiment, in the
room of John Nesmett, who has resigned.

And that warrants be made out to them respectively, signed by
the President of the Council, and attested by the Secretary of the
form following, viz.

• Massachusetts Soldiers and Sailors of the Revolutionary War, xii., 240.

2 Ibid., iii., 726.

3 Ibid., i., 552.

[3d Sess.] Resolves, etc. — 1779-80. 267

State of Mas.sachtjsetts-Bat.
To Greeting.

Reposing especial trust and confidence in your ability, courage

and good conduct, do by these presents constitute you the said

to be in the Regiment of Foot,

one of the Battalions raised by this State to serve

in the Continental Army, whereof is Colonel.

You are therefore carefully and diligently to discharge the
duty of in the said Regiment, in all things apper-

taining thereto, observing such orders and Instructions as you shall
receive from the Colonel of said Regiment, or any other your su-
perior officers; for wjiich this shall be your sufficient Warrant,
till you shall receive a Commission in manner and form pointed
out by the Resolves of Congress of March 8th and June 28th 1779.
Dated at Boston, this 26th day of November 1779.
By Order of the General Court,

President.

And the Secretary is hereby directed to certify the same to the
Continental Board of War, that they may respectively receive
Commissions according to the aforesaid Resolves of Congress.

And to prevent mistakes in the promotions in the Battalions of
this State: It is further

Resolved, That the several warrants made out, promoting any
Officers in the Battalions aforesaid, and the certificates of the
same to the Continental Board of War, shall be inclosed to the
Major-General of this State serving in the Continental Army, in a
letter signed by the President of the Council, in the following form,
viz.

State of Massachusetts-Bay.

Boston, Nov. 26, 1779.

Sir,

Inclosed are a number of warrants promoting Officers in the
Battalions of this State serving in the Continental Army, and
certificates of the same to the Continental Board of War, that they
may receive Commissions accordingly. As this State are disposed
to promote according to rank, to prevent uneasiness in the army,
you will carefully inspect them, and if the proper rank is preserved,
you will be kind enough to deliver the warrants to the Officers to
whom they are directed, and send on the certificates to the Con-
tinental Board of War; if otherwise, you will send back to this
Court the warrants and certificates, with the names of the Officers
who by rank ought to be promoted, to fill the vacancies by said
warrants designed to be filled.

I am Sir, your most obedient, very humble Servant,
Per Order of the General Court,

President.

And it is

Resolved, That all vacancies in the battalions belonging to this
State, in future to be filled in the Continental Army, shall be in
the manner above described. And that a letter of the following
form be signed by the President and sent to Gen. [William]^ Heath.

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

268

Resolves, etc. — 1779-80. [Chaps. 567, 568.]

Legislative
Records of the
Council,
xl.. 128.
Mass.
Resolves,
Nov. Session,
chap. 87.

State of Massachusetts-Bay.

Council Chamber, Boston, November 26, 1779.

Sir,

Application having been made to fill up several vacancies in the
Battalions of this State, in consequence thereof, we have given
Maj. [Thomas]^ Cogswell a warrant as Lieutenant Colonel in the
Regiment commanded by Col. [Timothy]^ Bigelow, since which
we find, by examining the rank of Officers in the Massachusetts
Line, that Maj. [William] 2 Hull takes rank of Maj. Cogswell;
but as we don't find Maj. Hull's name in the list of Officers ap-
pointed by this State, and Maj. Cogswell being the first Captain
who received a commission in the year 1775, and having more-
over been commissioned by this Court as Major the 1st of Jan-
uary 1777, we think he ought to take rank of Maj. Hull, M'hich we
hope will meet with your approbation and be satisfactory to the
Officers from this State.

In the Name and behalf of the General Assembly,
I am, with sentiments of esteem.

Sir, your humble servant,

r r^ -1 President.

In Council

Read and Accepted

In the House of Representatives

Read and Concurred. [Passed November 26.

CHAPTER 567.

RESOLVE GRANTING £18 TO LEMUEL MANDALL FOR 1,500 OF HAY
EXPENDED AT DARTMOUTH IN SEPTEMBER, 1778, FOR THE USE
OF THE TRAIN.

On the Petition of Lemuel Mandall, praying an allowance for
fifteen Hundred of hay expended for the use of this State:

Resolved, That the said Lemuel Mandall be paid out of the
Treasury of this State the sum of eighteen Pounds in full for
fifteen Hundred of hay expended at Dartmouth for the use of the
train in that place in the month of September 1778. [Passed
November 26.

CHAPTER 568

RESOLVE APPOINTING A COMMITTEE TO CONSIDER THE INCOR-
PORATION OF PARTS OF CHARLEMONT, MERRYFIELD AND GREEN
& WALKER'S FARM INTO A TOWN AND TO REPORT AT THE NEXT
SITTING.

LesLslative
Records of the
Council,
xl., 129.
Mass.
Archives,
ccxxv., 105.
Mass.
Resolves,
Nov. Session,
chap. 89.

Mass.
Archive.*,
ccxxv., 106.

In the House of Representatives

On the Petition of Asaph White, praying for a Committee to
repair to Charlemont and view the situation of said Charlemont,
and likewise a grant of land adjoining called Green & Walker's
Farm and hear all parties belonging to said Charlemont, relating
to their being part of said Charlemont and said Green & Walker's
Farm erected into a Town; which Committee will probably pre-
vent the cost of their so often being at the expence of attending
this Court: Therefore

Resolved, That the prayer of the Petition be so far granted that

• Massachu.setts Soldiers and Sailors of the Revolutionary War, iii., 726.
« Post, p. 270, chap. 572.

[3d Sess.] Resolves, etc. — 1779-80. 269

Capt. [David] 1 Spear and Capt. [Elijah] ^ Hunt with such as the
Honorable Board shall join be a Committee to repair to said
Charlemont and view the situation of the same, and also the
Farm adjoining abovesaid, and also the Plantation of Merry-
field, if they require it, who have also Petitioned the Court that
all or part of said Green & Walker's Farm, with said Plantation,
may be erected into a Town; said Committee to give proper and
seasonable notice to all persons concerned of time and place of
their meeting for the purpose aforesaid, and after viewing all the
lands and hearing all persons concerned in the premises, make
report to this Court what they think proper to be done, on the 3rd
Wednesday of the next sitting of this Court. The charge of the
Committee to be paid by the Petitioner.
In Council
Read and Concurred and Noah Goodman, Esq., is joined for the
Purpose mentioned. [Passed November 26.

CHAPTER 569. KKthe

Council, xl., 129.
Mass.
RESOLVE DIRECTING THE BOARD OF WAR TO SETTLE PUBLIC AC- Archives,
COUNTS FOR SUPPLIES FOR THE PENOBSCOT EXPEDITION. ^J^J- ^^'^■

Resolves,

Resolved, That the Board of War be and they are hereby directed ^°p Ig**'""'

to settle all public Accounts for supplies for the Penobscot Expe- ^^^^
dition. [Passed November 26. Archives,

cclxxxv., 52.
Ante, p. 203,
chap. 424.

CHAPTER 570.

RESOLVE DIRECTING THE BOARD OF WAR TO SETTLE THEIR AC-
COUNTS WITH JOSEPH WOOD, COMMISSARY OF THE SEACOAST . .
MEN STATIONED AT BEVERLY. RecorK the

Council,
xl 129

On the Petition of Joseph Wood, Commissary of the Sea- Mass.
Coast men stationed at Beverly: tc^7.^m.

Resolved, That the Board of War be and they are hereby di- Mass
rected to settle their accounts with Joseph Wood, Commissary Nov. Session,

of the Sea-Coast men stationed at Beverly, and receive of him the "^'^p- ^^-

money due on such accounts in full discharge of the same. [Passed ^^^^f-^gg
November 26. ccxxv., 169.

CHAPTER 571.

RESOLVE GRANTING £180 TO NICHOLAS GARDINER FOR THE TAK-
ING OF AN OX, ETC., FROM HIS FARM IN WINSLOW BY DUDLEY
SALTONSTALL, ESQ., WHILE RETREATING WITH SEVERAL SHIP'S
COMPANIES FROM MAJORBAGADUCE.

Resolved, That there be allowed and paid out of the public Legislative
Treasury to Nicholas Gardiner one Hundred and eighty Pounds, councif,°
in full for one ox and damage, taken from his farm in Winslow, y^^J^^'^-
by Dudley Saltonstall, Esq., for the use of several ships com- Resolves,
panies that were with him on their retreat from Majorbagaduce. chap. 93^^**'°'
[Passed November 27. '

1 Of Palmer.

* Of Northampton.

270

Resolves, etc. — 1779-80. [Ceiaps. 572-574.]

Legislative
Records of the
Council,
xl., 131.
Mass.
Archives,
ccxxv., 110.
Mass.
Resolves,
Nov. Session,
chap. 92.

Mass.
Archives,
clxxxvi., 244-
248; ccxxv., 111.
Ante, p. 266,
chap. 566.

CHAPTER 572.

VOTE DECLARING THAT MAJ. COGSWELL OUTRANKS MAJ. HULL
IN THE 8th MASSACHUSETTS REGIMENT.

The Committee of both Houses appointed to consider the peti-
tion of William Hull, Major of the 8th Massachusetts Regiment
wherein the said Hull claims rank in priority to Maj. Cogswell,
have attended the service assigned them, and are of opinion that
Maj. [Thomas]^ Cogswell ought to rank before Maj. Hull, agree-
able to the Report of the Committee of the 26th instant, for the
reasons mentioned in said Report,
all which is Submitted

Artemas Ward per Order
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed November 27.

CHAPTER 573

Legislative
Records of the
Council,
xl.. 131.
Mass.
Archives,
ccx.\v., 126.
Mass.
Resolves,
Nov. Session,
chap. 90.

Ante, p. 225,
chap. 479.

RESOLVE DIRECTING THE BRIGADIER GENERALS TO MAKE RE-
TURN INTO THE SECRETARY'S OFFICE OF THE MEN RAISED FOR
RE-ENFORCING THE CONTINENTAL ARMY ACCORDING TO A
RESOLVE PASSED OCTOBER 9th, AND THE APPORTIONMENT
MADE BY THE COMMANDING OFFICER OF EACH REGIMENT.

W^HEREAS the Resolve of this Court passed the 9th day of
October last for raising two Thousand troops for the purpose of
reinforcing the Continental Army does not require any return to
be made of the troops so raised, by reason of which the towns
who raised their troops cannot receive the bounty therein prom-
ised, nor the delinquent towns be fined: Therefore

Resolved, That the Brigadier Generals in this State, who were
required by said Resolve to raise troops for the above purpose, be
and they hereby are required on or before the 2nd Wednesday
of the next sitting of this Court to make returns into the Secre-
tary's office of the men so raised in their respective brigades, and
also the apportionment made by the Commanding-Officer of each
regiment in their brigades in the respective towns in their said
brigades. [Passed November 27 .

CHAPTER 574

Legislative
Records of the
Council,
xl., 132.
Mass.
Archives,
ccxxv., 131.
Mass.
Resolves,
Nov. Session,
chap. 91.

Mass.
Archives,
ccxxv., 132;
ccciii., 257.
Ante, p. 269,
chap. 569.

RESOLVE DIRECTING JOSHUA DAVIS, AGENT FOR TRANSPORTS, TO
MAKE UP HIS RETURNS FOR PAYROLLS OF THE OFFICERS AND
MARINERS IN THE TRANSPORTS ON THE PENOBSCOT EXPEDI-
TION TO THE 4th OF SEPTEMBER LAST.

On THE Petition of Joshua Davis, Agent for transports on the
late unfortunate expedition to Penobscot:

Resolved, That the petitioner be and he is hereby directed to
make up his returns of pay-rolls for the wages of the officers and
mariners in the transports on the expedition aforesaid to the 4th
of September last, and no longer, being three weeks after the
destruction of the vessels employed on that service, and that all

1 Massachusetts Soldiers and Sailors of the Revolutionary War, iii., 726.

[3d Sess.] Resolves, etc. — 1779-80. 271

the other matters and things contained in said petition be referred
to the Board of War, to act thereon as they may think just and
right. [Passed November 27.

CHAPTER 575.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TO LIEUT.
COL. BADLAM THE CLOTHING DUE THE OFFICERS OF COL.
BAILEY'S REGIMENT, PRIOR TO ANY OTHER.

Whereas Lieut. Col. Ezra Badlam has represented to this Court Legislative
that he is Agent for procuring the cloathing allotted to the Officers Council,
of Col. [John] ^ Bailey's Regiment, that the Officers are in extreme y(;^^'
want of the cloathing, that he the said Agent is Superintendent ^''^hives
of the General Hospital, that consequently his further stay will be Mass. '
detrimental to the public service: Therefore Nov^'stssion,

Resolved, That the Board of War be directed, and they are hereby chap. 94.

accordingly directed to deliver to Col. Badlam the cloathing due to Mass.
the Officers of Col. Bailey's Regiment, the prior application of any cK^v)!'^r29.
other regiment notwithstanding. [Passed November 27.

CHAPTER 576.

VOTE GRANTING £100 TO CHARLES PHELPS, ESQ., FOR TIME AND
EXPENSES WHILE WAITING UPON THE COMMITTEE RESPECTING
THE NEW HAMPSHIRE GRANTS.

The Committee of both Houses to whom was referred the Legislative
letter from the President of the Congress, respecting the New- counctf, °^ *^^
Hampshire Grants, take leave to report that in their opinion the ^J • ^^i
sum of one Hundred Pounds, lawful money, ought to be granted Archives, _
to Charles Phelps, Esq., for the purpose of defreying the expences S^ ' '^'''
he has been at during his detention in town while waiting upon Resoives,
the Committee in order to afford what light he could upon the chap. W!'
subject, as also in compensation for the unwearied attention he has Ante, p. 232,
from time to time paid to this business. '''^^p- *^*-

all which is Submitted

Thomas Gushing per Order
In the House of Representatives
Read and Accepted

In Council
Read and Concurred. [Passed November 29.-

CHAPTER 577.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY THE COM-
MITTEE TO SETTLE AND ADJUST THE ACCOUNTS OF THE ARMY t p^,i^hv^
WITH BOOKS, PAPER, QUILLS AND INK. Srflsof the

Council,

Resolved, That the Board of War be and they are hereby directed MjUs.
to supply the Committee appointed to settle and adjust the ^/^vri^^.
accounts of the army with such books, paper, quills and ink as Mass. '
they may have occasion for to enable them to prosecute said busi- Nov. Session,
ness. [Passed November 29. "hap. 96.

• Massachusetts Soldiers and Sailors of the Revolutionary War, i., 437.
2 This date is same in Massachusetts Resolves, but November 27 according to
Legislative Records of the Council.

272

Resol\^s, etc. — 1779-80. [Chaps. 578-581.]

CHAPTER 578

Legislative
Records of the
Council,
xl., 135.
Mass.
Archives,
ccxxv., 134.
Mass.
Resolves,
Nov. Session,
chap. 95.

RESOLVE FOR PAYING £1,200 TO EACH OF THE JUSTICES OF THE
SUPERIOR COURT IN PART FOR THEIR SERVICES.

Resolved, That there be paid out of the public Treasury to the
Hon. WilHam Gushing, Nathaniel Peasely Sergeant, David Sewall
and James Sullivan, Esquires, the sum of twelve Hundred Pounds
each, in part for their services as Justices of the Superior Court
of Judicature, &c. for the present year. [Passed November 29.

CHAPTER 579

RESOLVE PERMITTING GRIZZEL APTHORP TO SEND TO HALIFAX
FOR HER FAMILY PL.\TE, WHICH HAVING BEEN DEPOSITED
WITH MR. GILBERT DEBLOIS, WAS TAKEN THERE AT THE EVAC-
UATION OF BOSTON.

Legislative
Records of the
Council,
xl., 128.
Mass.
Archives,
ccxxv., 146.
Mass.
Resolves,
Nov. Session,
chap. 81.

Mass.
Archives,
ccxxv., 145.

On the Petition of Grizzel Apthorp, praying that she may
have liberty to regain her family plate, which was deposited in the
hands of Mr. Gilbert Deblois, who at the time of the evacuation
of the town of Boston by the British troops, carried the same to
Halifax:

Resolved, That the prayer of this petition be granted, and that
Grizzel Apthorp be and she hereby is permitted to send to Halifax
in the next cartel bound there, some suitable person (approved of
by Council) for the purpose of regaining the possession of said
property. [Passed November 30}

CHAPTER 580.

Legislative
Records of the
Council,
xl., 135.
Mass.
Archives,
ccxxv., 135.
Mass.
Resolves,
Nov. Session,
chap. 98.

Mass.
Archives,
ccxxv., 136.
Province
Laws, v., 1114,
chap. 13.

RESOLVE PERMITTING JAMES LAMB, JR., TO TRANSPORT SUNDRY
ARTICLES TO CONNECTICUT.

On the Petition of James Lamb, jun., praying for liberty to
transport sundry articles out of this State into the State of Con-
necticut, for reasons set forth in said petition:

Resolved, That the prayer of said petition be granted, and that
the said James Lamb, jun., have liberty to transport three boxes
and five casks, containing sundry articles, out of this State into the
State of Connecticut; any Act of this State to the contrary not-
withstanding. [Passed November 30.

CHAPTER 581

Legislative
Records of the
Council,
xl., 135.
Mass.
Archives,
ccxxv., 137.

RESOLVE DIRECTING THE COMMITTEE OF BROOKFIELD TO DE-
LIVER TO JOHN R. LIVINGSTON WINE, COFFEE, SUGAR, RUM, TEA
AND SMALL SHOT STOPPED BY THEM, AS ALSO RUM THE PROP-
ERTY OF MR. RAY AND PERMITTING THEIR TRANSPORTATION
TO NEW YORK.

Upon the Petition of John R. Livingston, praying for the
release of certain articles, stopped by the Committee of Brook-
field:

1 This date is November 26 according to Legislative Records of the Council and
Massachusetts Resolves.

[;3d Sess.] Resolves, etc. — 1779-80. 273

Resolved, That the prayer of the petitioner be granted, and that jI;'®^}^^^
the Committee of Brookfield be and they hereby are ordered and Nov. Si^sion,

directed to deliver to said Livingston or his order, one pipe of ''^'^^- '""•

wine, one barrel of coffee, one barrel of sugar, one barrel of rum, Arehives,
one keg of tea, and one Hundred weight of small shot, belonging ccxxv., 139.
to sai<I Livingston: Also, three tierces of rum, the property of
INIr. Ray, a subject of the State of New- York, together with two
carts, wherein said articles were Avhen seized by Mr. King, Chair-
man of said Committee; and David Lamb is hereby permitted
to proceed with one of said .carts an<l four oxen, carrying the
articles abovementioned belonging to said Livingston out of this
State, and Caleb Sprague is permitted to drive the other cart
with four oxen, carrying the said three tierces of rum out of this
State to the State of New-York: Any law, usage or custom to the
contrary notwithstanding. The said Livingston to order payment
of the necessary expences attending the seizure. [Passed Novem-
ber 30.

CHAPTER 582.

RESOLVES DIRECTING THE MANAGERS OF THE STATE LOTTERY
TO POSTPONE THE DRAWING OF THE 4th CLASS UNTIL THE 26th
OF JANUARY NEXT, AND TO SUSPEND CARRYING ON ANY MORE

CLASSES.

It being represented to this Court by the Managers of this p^^'^'f,^,'^! .jj
State's Lottery that by reason of the multiplicity of public busi- Councif,
ness in which they have necessarily been engaged, it will be out Mass^*^
of their power to be ready to proceed to the drawing the 4th ^^''*'''''^^|
class of said Lottery at the time which has been set for that pur- Mass. '
pose, and also that a considerable number of tickets still remains Nov^'session,
unsold : Therefore chap. 99,

Resolved, That the Managers aforesaid be and they hereby are Ante, p_. I7i,
directed to postpone the drawing the 4th class of said Lottery '^ ^^
until the 26th day of January next, and all persons intrusted with
tickets in said class for sale are directed to observe the orders
heretofore given them respecting the sealing up and returning
tickets to the managers, should any remain unsold at the time now
ordered for drawing. And it is further

Resolved, That the Managers aforesaid be and they hereby are
directed to suspend carrying on any more classes of said Lottery.
[Passed November 30.

CHAPTER 583.

RESOLVE ADVANCING £1,500 TO EACH OF THE DELEGATES TO THE
CONTINENTAL CONGRESS FOR THE YEAR 1780, AS PART OF THEIR
PAY.

In the House of Representatives Legislative

The Committee appointed to bring in a Resolve making pro- council,
vision for the Delegates of this State at Congress for the year 1780, ^^■' ^^''•

Records of the

Mass.

beg leave to report the following Resolve: Archives

ccxxv., 142.

Resolved, That there be advanced and paid out of the Treasury Ma
of this State to each of the Delegates appointed to represent this N^'session,
State in Congress for the year 1780, the sum of fifteen Hundred chap, loi.
Pounds, to be paid to such of said Delegates as are now in this Ante, p. 242,
State, on their respective applications therefor. And that said '=^'»p-^^^-

274

Resolves, etc. — 1779-80. [Chaps. 584, 585.]

sums so advanced shall be considered as part of their pay and
allowance for their services and expences in attending at Con-
gress for said year, they to be accountable for the same.
In Council
Read and Concurred. [Passed November 30.

CHAPTER 584

RESOLVE SUSPENDING THE ACT PASSED THE LAST SESSION, SETTING
OFF PART OF WESTFIELD TO SOUTHWICK, AND APPOINTING A
COMMITTEE TO VIEW THE SITUATION.

Legislative
Records of the
Council,
xl., 137.
Mass.
Archives,
ccxxv., 143.
Mass.
Resolves,
Nov. Session,
chap. 100.

Mass.
Archives,
ccx-xv., 144.
Province
Laws, v., 1116,
chap. 14.

In the House of Representatives

On the petition of the inhabitants of the town of Westfield,
praying for the repeal of an act passed the last session of the Gen-
eral Court, setting off a strip of land, two Hundred rods in width,
with the inhabitants thereon living, from the Southerly part of
Westfield and annexing them to the town of Southwick:

Resolved, That the operation of said act be suspended until the
further order of this Court, and that ]\Iaj. [William]^ Pyncheon
and Col. [Timothy]- Robinson, with such as the Honorable Board
shall join, be a Committee to repair to the town of Westfield and
view their situation, and report what is proper to be done thereon
as soon as may be, said Committee to be at the expence of the
petitioners.

In Council

Read and Concurred and Noah Goodman, Esq., is joined for the
Purpose mentioned. [Passed November 30.

CHAPTER 585

Legislative
Records of the
Council,
xl., 138.
Mass.
Archives,
clxxxv., 21.
Mass.
Resolves,
Nov. Session,
chap. 113.

Mass.
Archives,
clxxxv., 1-20.

VOTE DECLARING THAT MR. THOMAS BIL\TTLE CANNOT BE AD-
MITTED TO RETURN TO THIS STATE BUT RECOMMENDING TO
GEN. CORNELL, THAT HE BE PERMITTED TO GO TO ANY TERRI-
TORY SUBJECT TO FRANCE OR SOME NEUTRAL POWER.

The Committee of both Houses appointed to consider the letter
of Brig. Gen. [Ezekiel]^ Cornell to the President of the Council of
this State, dated Newport, Nov. 23, 1779, purporting the arrival of
Thomas Brattle, Esq., at that place in a flag from New- York, and
requesting to be informed whether he may be received as an in-
habitant of this State, and two letters from the said Mr. Brattle
to Oliver Wendell, Esq., on the same subject, beg leave to report:

That whereas a petition of the said Mr. Brattle hath been pre-
sented to the General Court in the present session, praying that he
may be admitted to enjoy the full rights and privileges of an
inhabitant and subject of the State of Massachusetts-Bay, which
petition, after full consideration had thereon in both Houses, was
dismissed; and as the papers above-mentioned afford no new evi-
dence on the subject, your Committee are of opinion that an
answer be written and forwarded to the said Brig. Gen. Cornell,
acquainting him with the determination of the two Houses, as
aforesaid, and that they see no cause to alter the same, and there-
fore the said Mr. Brattle cannot be admitted to return to this
State; but at the same time recommending him to permit Mr.

» Of Springfield.

- Of Granville.

» Massachusetts Archives, clxxv., 20.

[3d Sess.] Resolves, etc. — 1779-80. 275

Brattle to go to any territory subject to France or some Neutral
Power, provided he should think it consistent with the public
safety.

All which is Submitted

Caleb Gushing per Order
In Council
Read and Accepted.

In the House of Representatives
Read and Concurred. [Passed Dcceviher 1.^

CHAPTER 586.

RESOLVES DIRECTING THE BOARD OF WAR TO CALL COL. CRAFTS
TO AN ACCOUNT FOR ARMS FURNISHED HIM, AND TO DELIVER
TO GEN. HANCOCK ARMS AND ACCOUTREMENTS FOR THE THREE
COMPANIES OF TRAIN NOW DOING DUTY IN AND ABOUT BOSTON.

In the House of Representatives
The Committee appointed to enquire in to the deficiency of the Legislative
Arms of the Train of Artillery, belonging to this State formerly Councif,°
Commanded by Col. Thomas Crafts, beg leave to report by way y[;J^^-

of Resolve: Archives

Resolved, That the Board of War be and they are hereby di- m^^'
rected forthwith to call Col. Thomas Crafts to an account, and Nof'session,
settle with him for the arms delivered him at sundry times by said chap. i09.
Board, and also for the arms delivered said Crafts by the Com- Mass.
missary-General. And it is further cc^^xv^^lg.

Resolved, That the Board of War be and they hereby are di-
rected to deliver arms and accoutrements to the Hon. Gen. [John]^
Hancock, sufficient to compleat the three companies of said train,
now doing duty in and about Boston, he to be accountable for the
same.

In Council

Read and Concurred

In the House of Representatives

Read and Concurred. [Passed December 1.

CHAPTER 587.

RESOLVE DIRECTING THE COMMITTEE TO SELL CONFISCATED
ESTATES IN WORCESTER COUNTY TO SUSPEND THE SALE OF
THE FARM OF TIMOTHY RUGGLES, ESQ., HE HAVING PAID BUT
A SMALL PAYMENT TO THE FORMER OWNER ELIZABETH COX.

On the Petition of Elizabeth Cox, praying that she may have Legislative
a certain farm restored to her which she sold to Timothy Ruggles, CoSncif,
Esq., some years ago, and for which she has received but a small jj^^g^^"
part in payment: Archives, _

Resolved, That the Committee appointed to sell confiscated m^I"
estates in the county of Worcester be and they hereby are di- Nov*'ses'sion
rected to suspend the sale of said estate until the further order of chap. ii2.
the General Court. [Passed December 1. Mass.

Archives,
' This date is same in Massachusetts Resolves, but November 30 according to ccxxv., 156.
Legislative Records of the Council.

2 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 205.

276

Resolves, etc. — 1779-80. [Chaps. 588, 589.]

CHAPTER 588.

Legislative
Records of the
Council,
xl., 140.
Mass.
Archives,
cc.xxv., 150.
Mass.
Resolvep,
Nov. Session,
chap. 105.

Ante, p. 95,
chap. 183.

RESOL\^S DESIRING THE COMMISSIONED OFFICERS OF THE 8th
REGIMENT IN WORCESTER COUNTY TO MEET AT CAPT. THOMAS
COWDIN'S IN FITCHBURG ON THE 1st WEDNESDAY OF FEBRU-
ARY NEXT TO CONSIDER MEANS OF RESTORING UNANIMITY AND
HARMONY THEREIN, FOR FILLING VACANCIES WITH SUBSTI-
TUTES TO REPRESENT THEM AND DIRECTING COL. RAND TO
FURNISH EACH COMPANY WITH A COPY OF THIS RESOLVE.

Whereas it has been represented to this Court that David
Wilder, Esq., lately appointed First Major of the 8th Regiment
of Militia in the County of Worcester, was a junior Captain to
some other Captains in said Regiment, and it does appear that
from that or some other cause great uneasiness and discord is at
present prevailing in said Regiment: Therefore

Resolved, That the commissioned Officers of the several com-
panies in said regiment be desired and impowered to meet at the
house of Capt. Thomas Cowdin, in Fitchburg, on the 1st Wednes-
day of February next, then and there to take into consideration
the present state of said regiment, to do all in their power to
restore unanimity and harmony thereto, and to report to this
Court the measures that may appear to them likely to accomplish
so desirable a purpose. And be it further

Resolved, That if any company or companies in said Regiment
have not the proper number of commissioned officers belonging
thereto, they are hereby impowered to choose a number of per-
sons equal to the number of commissioned officers that have here-
tofore belonged to said company or companies to represent them
at the time and place abovementioned, with the same powers
as if they were commissioned officers for the company they rep-
resent. And John Rand, Esq., Colonel of said regiment, is hereby
directed to furnish each company in his regiment with a copy of
this Resolve. [Passed December 1.

CHAPTER 589

Legislative
Records of the
Council,
xl., 141.
Mass.
Archives,
ccxxv., 157.
Mass.
Resolves,
Nov. Session,
chap. 111.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE COUN-
CIL AT $24 PER DAY AND OF THE HOUSE AT $20 PER DAY ON AC-
COUNT OF THE HIGH PRICES OF NECESSARIES.

Whereas the necessary expences of the Members of the Gen-
eral Court incurred during their attendance this present Session
have been exceedingly increased by means of the high prices of the
necessaries of life, so that the pay heretofore allowed is very in-
adequate to discharge the same: Therefore

Resolved, That the pay for the Members of the Honorable Coun-
cil for the present Session be made up at twenty-four dollars per
day, and the Members of the House at twenty dollars per day.
[Passed December 1.

[3d Sess.J Resolves, etc. — 1779-80. 277

• CHAPTER 590.

RESOLVE DIRECTING THE BOARD OF WAR TO BORROW FROM
JAMES RICHARDSON, ESQ., ACTING DEPUTY COMMISSARY-GEN-
EILA.L OF ISSUES, RICE AND OTHER PROVISIONS AS HE CAN CON-
VENIENTLY SPARE TO BE RETURNED WHEN IN THEIR POWER.

Resolved, That the Board of War be and are hereby directed Legislative
to apply to James Richardson, Esq., A.D.C.G. of Issues, for the Councif. °
loan of such quantity of rice and other provisions as he can now Mass^^'
or at any time hereafter conveniently spare; the said Board of Archives,
War to return the same when in their power, or to be otherwise Mass. '
accountable therefor. ^ Not°'session,

And it is earnestly recommended by this Court to the before- chap, no.

mentioned James Richardson, Esq., A.D.C.G. as aforesaid, to Mass.
supply the Board of War accordingly. [Passed December 1. cdxx.xv^^54.

CHAPTER 591.

RESOLVE ADVANCING £50,000 TO THE COMMITTEE APPOINTED TO Legislative

PURCHASE AND SEND FORWARD STORES TO THE ARMY. Counctf °^ ^^^

xl., 142.'

Resolved, That there be paid out of the public Treasury of this Archives,
State to the Committee appointed to purchase and send forward If^^"^' i^^-
Stores to the army, the sum of fifty Thousand Pounds, they to Resolves,
be accountable for the sums they respectively receive. [Passed ^ap. m^'""'
December 1.

CHAPTER 592.

RESOLVES DIRECTING THE BOARD OF WAR TO DELIVER CLOTHING
FOR THE SOLDIERS IN THE TRAIN OF ARTILLERY TO CAPT. PEREZ
GUSHING AND ALLOWING THE OFFICERS TO PURCHASE THEIRS
AT THE SAME RATE AS THE CONTINENTAL OFFICERS.

On the Petition of Perez Cushing, Captain of the Train of Relords'of the
Artillery in the service of this State, setting forth, that the Soldiers Council,
of said Train have not received all the cloathing granted them Mass."
in the establishment, of which they are in the greatest want; and ^Vj^i^v^^^eo
that the Officers of said Train are also in great want of linen, Mass. '
hats and boots, which they are not able to purchase at the present nov° Session,
high price, and praying this Court would take such notice of said chap, loo.
petition as their situation merits: Therefore Mass.

Resolved, That the Board of War be and they are hereby directed ccxxv., i62.
to procure and deliver to Capt. Perez Cushing the following
articles, being what remains due to said Soldiers, to compleat
their cloathing for 1779, viz.

One Hundred and thirty-one shirts,

One Hundred and sixty-five jackets.

One Hundred and sixty-five pair of leather breeches,

Three Hundred ^nd thirty linen or woolen ditto,

One Hundred and sixty-five hunting shirts,

Twenty pair of shoes,

Seventy-four blankets.

And it is further

Resolved, That the Board of War be and they are hereby di-
rected to deliver for each Officer in said Train of Artillery, linen

278

Resolves, etc. — 1779-80. [Chaps. 593-595.]

for two shirts, one pair of boots, and one hat, they paying for the
same at the same rate the Continental Officers are supplied.
[Passed December 1.

CHAPTER 593.

Legislative
Records of the
Council,
xl., 143.
Mass.
Archives,
ccxxv., 163.
Mass.
Resolves,
Nov. iSession,
chap. 103.

Mass.
Archives,
ccxxv., 164-168;
cclxxxv., 53.

RESOLVE ESTABLISHING THE PAY OF THE BOARD OF WAR AT £8
FOR EACH DAY'S ATTENDANCE FROM THE 11th OF FEBRUARY
LAST TO THIS DAY, AND TO BE HEREAFTER DETERMINED BY
THE GENERAL COURT.

On the Memorial of the Board of War, praying for an augmen-
tation of their wages, on account of the increased business of their
office, and the excessive high price of every article of consumption:

Resolved, That the pay of each Member of the Board of War
be eight Pounds, per day for each day's attendance, the pay to
commence the 11th day of February last, to which time they have
been paid, and to continue to this day; their future pay to be
hereafter determined by the General Court. [Passed December 1.

CHAPTER 594.

Legislative
Records of the
Council,
xl., 143.
Mass.
Archives,
ccxxv., 169.
Mass.
Resolves,
Nov. Session,
chap. 108.

Mass.
Archives,
ccxxv., 170.
Ante, p. 144,
chap. 293.

RESOLVE DIRECTING THE BOARD TO FURNISH CHAPLAINS SERV-
ING WITH BRIGADES IN THE CONTINENTAL ARMY WITH THE
SAME CLOTHING AS TO QUANTITY AND QUALITY AS COM-
MANDERS OF REGIMENTS IN THE SAME SERVICE.

On the Petition of several Chaplains^ now in the Continental
Army, praying for the same indulgence with respect to the al-
lowance of cloathing as other officers of equal rank have:

Resolved, That the Board of War be and they hereby are di-
rected to furnish each Chaplain now serving in the several brigades
belonging to this State in the Continental Army, with the same
articles of cloathing as to quantity and quality, as the com-
manders of regiments in the same service are intitled to by the
Resolve of the 20th of September last. [Passed December 1.

CHAPTER 595.

Legislative

Records of the

Council,

xl., 144.
' Mass.
' Archives,

ccxxv., 171.

Mass.

Resolves,

Nov. Session,

chap. 104.

Mass.
Archives,
ccxxv., 172-174.

RESOLVE ENTITLING MAJ. CALEB GIBBS, COMMANDING HIS EX-
CELLENCY GEN. WASHINGTON'S GUARD, TO ALL THE PRIVI-
LEGES AND ADVANTAGES OF THE OFFICERS OF EQUAL IL\NK
IN THE FIFTEEN BATTALIONS.

On the Petition of Maj. Calieb Gibbs, commanding his Ex-
cellency Gen. Washington's Guard, praying that he might be
intitled to the same privileges as the officers belonging to the
fifteen Battalions raised in this State:

Resolved, That Maj. Caleb Gibbs, commanding his Excellency
Gen. Washington's Guard, be intitled to all the privileges and
advantages that officers of equal rank in the fifteen Battalions
raised in this State are intitled to, and the Committee appointed
to settle with the army are directed to consider him accordingly.
[Passed December 1.

» Hezekiah Smith and Enoa Hitchcock, Massachusetts Archives, ccxxv., 170.

[3d Sess.] Resolves, etc. — 1779-80. 279

CHAPTER 596.

RESOLVE ALLOWING THE COMMITTEE APPOINTED TO SETTLE
WITH THE COMMITTEE OF THE ARMY TO HIRE ONE OR MORE
CLERKS TO FINISH SAID BUSINESS. ^ ,

Legislative
Records of tlie

Resolved, That the Committee appointed to settle with the ^]°"i"4°4'''
Committee of the Army be and they are hereby allowed to hire Mass.
one or more Clerks, as may be necessary to facilitate and finish Nov°'session,
said business. [Passed December 1. chap. ii4.

CHAPTER 597.

RESOLVES ASSERTING THE STATE'S RIGHT TO LANDS BOUNDED
BY A LINE EXTENDING WEST FROM THREE MILES NORTH OF
THE MERRIMACK RIVER TO THE SOUTH SEA, AND SOUTH AND
WEST AS BY CHARTER ESTABLISHED, THE OLD COLONY OF PLYM-
OUTH AND PROVINCE OF MAINE; APPOINTING A COMMITTEE TO
REPORT THE CLAIM OF THIS STATE TO ALL LANDS CLAIMED BY
NEW YORK AND NEW HAMPSHIRE; AND DIRECTING THE PRESI-
DENT OF THE COUNCIL TO SIGN LETTERS TO THE PRESIDENT
OF CONGRESS AND THOMAS CHITTENDEN, ESQ.

Resolved, That this State has a clear and indubitable right to Legislative
all land comprehended within a line on the North, extending from councif °^ '''^
the Atlantic ocean three miles North of the river Merrimack, and '^' . i33.'
every part thereof West to the South Sea, and the limits and Archives,
bounds established by charter on the South and West; notwith- jiass^^'*'
standing any settlement by the King and Council of Britain in Resoives,
1739 fraudulently obtained and unjustly made, abridging said limits chap, iis-n?'.
with respect to this State, and adjudging part of the territory >iass.
therein contained to the State of New-Hampshire. And also that "^""fHlg®'
this State hath a clear right to all lands contained within the es- i/iie, p.27i,
tablished and known limits of the old Colony of Plymouth and ''^^^'- "'^•
Province of Main.

Resolved, That a Committee be appointed by this Court immedi-
ately to prepare and report the claim of this State to all the lands
and rights of jurisdiction to which they are intitled by charter
although now claimed by the State of New- York or New-Hamp-
shire. And also

Resolved, That the President of the Council be and hereby is
desired to sign the Letter directed to the President of the Con-
gress and to Thomas Chettenden, Esq., in the name and behalf of
the General Assembly, and cause them to be forwarded immedi-
ately. [Passed. Decemhcr 2}

Letter to Congress respecting this State's Claim to the Neio-Hamp-

shire Grants, &c.
c December 2, 1779.

I have had the honour of receiving two letters from the Presi-
dent of Congress, in a late recess of the General Assembly of this
State, dated the 3d of October and the 24th of September, and
inclosing certain Acts of Congress relative to a District of Country
called the New-Hampshire Grants. The Assembly is now sitting,
and the said letters and papers have been laid before them. The
settlement of the controversies which have arisen with regard to
the district abovementioned is of very great importance to this

1 This date is same in Massachusetts Resolves, but November 27 according to
Legislative Records of the Council.

280 Resolves, etc. — 1779-80. [Chap. 597.]

State as it is conceived their right to the soil and jurisdiction can
be made abundantly manifest from ancient authentic writings and
records. The General Assembly have been by no means inat-
tentive to this claim, they have ever been dissatisfied with a
decision of the King of Great Britain in the year 1739, upon a
controversy which had subsisted between the Provinces of New-
Hampshire and the Massachusetts-Bay, respecting the said claim,
conceiving that decision to have been grounded upon misrepresen-
tation and injustice: But it was not thought expedient or safe
for them to move for a revision of this matter while the British
administration evidently discovered a determination, and did
actually attempt to abridge the people of the Massachusetts, not
only of their territorial rights and jurisdiction, but the most valua-
ble liberties of British subjects: This was notoriously the case
for many years before the breaking out of Hostilities in 1775, and
since that period the Assembly have been obliged to suspend all
consideration of matters of this kind, by reason of the multiplicity
of business which necessarily employ their attention in a time of
war. Indeed, considering that litigations concerning the bound-
aries of particular States have a tendency to excite jealousies
among them, and therefore should if possible be avoided, especially
at a juncture when perhaps it is more necessary than ever that
harmony and good humour should be cultivated and preserved, the
Assembly could have wished to have remained silent on a subject
of such a nature until the establishment of peace; but being called
upon by Congress, though unexpectedly to them, they have re-
solved to proceed to the business in the manner recommended to
them with as much dispatch as the hurry of their affairs will
admit of, being solicitous to take every step which may be neces-
sary on their part for the promoting of justice among the parties
in this controversy as well as the peace and welfare of the United
States in general.

I am, &c.

President.
To the President of the Honorable Congress.

Letter to Thomas Chittenden, Esq., {Governor of Vermont] ^ respecting
the State's claim to the same, commonly called the Netv-Hamp-
shire grants.

-, December 2, 1779.

Sir

Your letter, dated Manchester, the 28th of October, and di-
rected to the President of the Council of this State, has been laid
before the General Assembly according to your request, and duly
considered. Two questions of importance are therein proposed,
viz. Over what part of this State (by which we suppose is to be
understood Vermont) we mean to extend our claim? and how far
we mean to carry such pretensions into execution in the trial at
Congress, on the 1st day of February next?

This State hath an ancient and just claim to all lands com-
prehended within a line on the North, extending from the Atlantic
Ocean three miles North of all and every part thereof of the
River Merrimack, West to the South Sea and the limits and
bounds established by charter on the South west: This we take
to be a full answer to your first question, according to it's true
intent, because we suppose a part of the district of Country which
has been commonly called the New-Hampshire Grants, and is
contained within the bounds above described as a part of that

1 A memoir of Thomas Chittenden ... by Daniel Chipman, LL.D. . . . Mid-
dlebury, 1849.

TSd Sess.] Resolves, etc. — 1779-80. 281

Territory which you call the State of Vermont, over this tract
of country we mean to extend our claim, notwithstanding the
decision of the king of Great Britain in favour of the Province of
New-Hampshire, in 1739 which we have ever conceived to he
unjust; and as the General Assembly hath no authority to divest
the State of any of its territorial rights, we mean to continue,
assert and maintain the said claim before any body competent
to try and determine the same, against the pretensions of any
people whomsoever. However necessary you. Sir, may judge it
that an explicit acknowledgment of the independence of the State
of Vermont should be made, in order to bring about an equitable
accomodation of all differences subsisting between the States
mentioned in your letter, this State cannot come into such an
acknowledgment, consistently with its connection with the United
States of America and the engagements it has solemnly entered
into with them: We have therefore reason to expect that such
formality of stile in this address to you as would be correspondent
to that which is adopted in your Letter will be candidly dis-
pensed with at this time.

In the name and by order of the General Assembly, I am, with
all due respect, Sir, your most obedient and very humble servant.

President.

To Thomas Chettenden [Chittenden], Esq., at Manchester.

CHAPTER 598.

RESOLVE EMPOWERING THE DELEGATES TO THE CONTINENTAL
CONGRESS WITH THOSE FROM THE OTHER AMERICAN STATES
TO TAKE FURTHER MEASURES FOR THE ESTABLISHMENT OF
THE UNITED STATES OF AMERICA UPON A BASIS PERMANENT
AND SECURE AGAINST THE BRITISH NATION.

Whereas the Hon. John Hancock, Samuel Adams, Elbridge Legislative
Gerry, James Lovell, Samuel Holten, George Partridge and coundf °^ *^''^
Artemas Ward, Esquires, are chosen and appointed to represent xi., i46.
this State in the American Congress for one year, to commence Archives,
the 1st day of January next ensuing: mSs " ^^^

Resolved, That the above-named Gentlemen, or any two of them, Resoives,
or v/hen more are present in Congress, a major part of them, be chap. 'ii8*'°"'
and they are hereby fully impowered, with the Delegates who are Mass.
or may be appointed from the other American States, to concert, ^x°iv^^i'79 iso
direct and order such further measures as shall appear to them Anie.'p. 273,
best calculated for the establishment of the Rights, Liberty and ^^^^' ^^^'
Independence of the United States of America, upon a basis per-
manent and secure against the power and art of the British
Nation; for prosecuting the present war, concluding peace, con-
tracting alliances, establishing commerce, and guarding against
any future encroachments and machinations of their enemies;
with power to adjourn to such times and places as shall appear
most conducive to the public safety and advantage. But not-
withstanding the above exceptions, four of the said Gentlemen,
at least, are enjoined constantly to attend upon the business of
their delegation. [Passed December 3.^

1 This date is same in Massachusetts Resolves, but December 2 according to
Legislative Records of the Council.

282

Resolves, etc. — 1779-80.

[Chap. 599.

CHAPTER 599

Legislative
Records of the
Council,
xl., 147.
Mass.
Archives,
ccxxv., 182-184.
Mass.
Resolves,
Nov. Session,
chap. 125.

RESOLVES DIRECTING THE BOARD OF WAR TO SEND CLOTHING
COLLECTED IN WORCESTER AND ILYMPSHIRE COUNTIES TO THE
STATE'S CLOTHIER IN THE CONTINENTAL ARMY, WITH ALL POS-
SIBLE DISPATCH, MANY OF THE MEN IN GLOVER'S BRIGADE
BEING DESTITUTE OF SHOES, STOCKINGS, ETC.; TO SUTPLY THE
GENERAL OFFICERS OF THIS STATE WITH CLOTHING SUITABLE
TO THEIR RANK, TO BE CHARGED TO THEIR ACCOUNT, AND DI-
RECTING THE COMMITTEE ON ACCOUNTS AND THE TREASURER
TO SETTLE AND PAY THE ACCOUNTS DUE SAID OFFICERS.

On the Letter of Brig. Gen. [John]^ Glover, representing that
many of the men in his brigade are destitute of Shoes, Stockings,
&€., also that no provision, more than the first establishment, has
been made for the General Officers belonging to this State:

Resolved, That the Board of War be and they hereby are di-
rected, with all possible dispatch, to pack in suitable casks all the
Blankets, Shoes, Stockings and Shirts which they have received
from any of the towns in this State, and deliver them to the Com-
mittee appointed to purchase Stores for the Army, and said Com-
mittee are hereby ordered and directed, without any delay, to send
forward said cloathing, together with the cloathing collected in the
counties of Worcester and Hampshire, to Mr. Samuel Ruggles,
this State's Clothier in the Continental Army, to be by him de-
livered out to that part of the Continental Army raised in this
State, in such manner as the Commander in Chief shall direct, or if
no orders can be obtained for that purpose, in such manner as the
said Clothier shall judge will be most for the benefit and comfort
of the army.

And whereas justice, gratitude and every benevolent principle
require that some measures should be adopted, either by Congress
or the respective States, for the relief of the General Officers; and
as it appears to this Court that Congress have not yet taken any
measures for that purpose: Therefore

Resolved, That the Board of War be and they hereby are di-
rected to supply each Major and Brigadier General in the Con-
tinental Arm}', who belong to this State (on their application
therefor) with a suit of cloaths suitable to their rank; also six
shirts and stocks, six pair of stockings, three pair of shoes, one
pair of boots, and a hat, and charge the same to their respective
accounts; they to be accountable when their original establish-
ment is made good. And it is further

Resolved, That the Committee appointed to settle the accounts
of the officers and privates of that part of the Continental Army
raised in this State be and they hereby are authorized and di-
rected to settle and adjust the accounts of each General Officer
in the Continental Army belonging to this State (on their applica-
tion therefor) in the same manner as they are directed to settle the
other accounts of the army; and the Treasurer of this State is
hereby directed to pay any ballances that may be found due to
the said General Officers, in the same manner as he is directed to
pay the ballances due to the other officers in the Continental Army
belonging to this State. And the Secretary of this State is hereby
directed to send a copy of the foregoing Resolutions to each of the
General Officers belonging to this State in the Continental Army.
[Passed December 3.

> Massachusetts Soldiers and Sailors of the Revolutionary War, vi., 508.

[3d Sess.] Resolves, etc. — 1779-80. 283

CHAPTER 600.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY JOSEPH HEN-
DERSON. COMMISSARY OF PRISONERS, A BOAT, SOME CORDAGE,
ETC., FOR THE PRISON SHIP WITHOUT DELAY.

On the Memorial of Joseph Henderson, Esq., Commissary of r''^'®''*i''^{ th
Prisoners, setting forth, that the prison-ship in the harbour of Council,
Boston is in great danger, for want of a boat, some cordage and Mass. '
other articles, set forth in his memorial, and for which the Honora- '^"^^^l^^l^'^fir
ble Council gave him an order on the Board of War, which order Mass. '
the said Board of War have not complied with, alledging they Nov! Session,
were not authorised by their commission, to purchase in conse- ^'^'^p- ^-^-

quence of an order from the Honorable Council: Therefore Mass.

Resolved, That the Board of War be and they hereby are di- ccxxv., i86:
rected, without delay, to supply Joseph Henderson, Esq., Com- '''^'^^'^^ • •^•'■
missary of Prisoners, with the articles mentioned in the said order
of Council of the 29th of November. [Passed December 3.

CHAPTER 601.

RESOLVE ADVANCING £200 TO LEMUEL KOLLOCK, ESQ., TO ENABLE
HIM TO PROSECUTE TRESPASSERS ON THE LAND OF WILLIAM
BROWN, ESQ., AN ABSENTEE.

The Committee appointed to consider the propriety of supply- Legislative
ing Lemuel Kollock, Esq., with a sum of Money for the purpose Records of the
of carrying on the prosecution against the trespassers on the xi., 149.'
land of William Brown, Esq., an absentee, beg leave to report the Archives,
following Resolve: viz. ccxxv., i87.

In the House of Representatives Resolves,

Resolved, That the sum of two Hundred Pounds be paid out of .S,ap. m''°"'
the Treasury of this State to Lemuel Kollock, Esq., to enable him T^^ — 7^^
to carry on the prosecution against the trespassers on the land of chap! 5.31.
William Brown, Esq., an absentee. Said Kollock to be account-
able for the expenditure of the same.
In Council

Read and Concurred. [Passed December 3.

CHAPTER 602

RESOLVE EMPOWERING THE ADMINISTRATORS OF THE ESTATE OF
THE REV. LEMUEL HEDGE, LATE OF WARWICK, TO MAKE SALE
OF REAL ESTATE IN WARWICK.

On the Petition of Sarah Hedge and Meadad Pomroy, Ad- Legislative
ministrators on the Estate of the Rev. Lemuel Hedge, late of Records of the
Warwick, in the County of Hampshire, deceased, praying that xi°,T50.'
they maybe impowered to make Sale of all the real Estate of the Archives,
deceased in Warwick aforesaid, for the reasons mentioned in said MasJ^^^'

petition : Resolves.

Resolved, That the said Sarah Hedge and Meadad Pomroy be S^.tf3''°"'
and they hereby are impowered to make sale of all the real estate ^^
mentioned in said petition, in Warwick aforesaid, for the most the Archives,
same will fetch, and make and execute a good deed or deeds of the PrSdnd^'^' ^
same, savmg only the widow's term therein in right of dower; JCp' 10 ' ^^^'
they observing the rules and directions of the law prescribed to
executors and administrators in selling real estates, and giving

284

Resolves, etc. — 1779-80. [Chaps. 603, 604.]

proper caution to the Judge of Probate for the County of Hamp-
shire, that the neat proceeds thereof shall be disposed of accord-
ing to law. [Passed December 3.

CHAPTER 60 3

Legislative
Records of the
Council,
xl., 150.
Mass.
Archives,
ccxxv., 191.
Mass.
Resolves,
Nov. Session,
chap. 122.

RESOL^nE ^L\KING AN ESTABLISHMENT FOR THE MILITLA ORDERED
BY THE COUNCIL, DURING THE RECESS, TO DO DUTY AT THE
CASTLE.

Resolved, That the following sums be allowed and paid out of the
public Treasury of this State to the Militia ordered by the Honor-
able Council, in the recess of the General Court, to do duty at the
Castle, and who have not or shall not leave said service until
regularly discharged, viz. to each Captain, Adjutant, Quarter-
Master, and Surgeon's Mate, thirty Pounds, each Lieutenant
twenty -four Pounds; each Serjeant twenty-three Pounds; each
Corporal, Drummer, and Fife twenty-two Pounds; and each
private Soldier twenty-one Pounds per month for each Kallender
month they may be in service, also two Shillings per mile from
their respective homes to the place where they were ordered to do
duty. [Passed December 3.

CHAPTER 604

Legislative
Records of the
Council,
xl., 151.
Mass.
Archives,
ccxxv., 192.
Mass.
Resolves,
Nov. Session,
chap. 121.

Ante, p. 72,
chap. 138;
p. 23b, chap.
496; p. 255,
chap. 542;
p. 282, chap.
599.

RESOLVES DIRECTING THE IMMEDLATE DELIVERY OF ALL CLOTH-
ING COLLECTED BY THE AGENTS, DULY INSPECTED AND PACKED,
TO THE BOARD OF WAR WHO WILL FORWARD THE SAME TO THIS
STATE'S CLOTHIER.

Resolved, That Mr. Lemuel Kollock, Col. Israel Hutchinson and
Maj. Joseph Hosmer be and they hereby are directed immediately
to send all the Shirts, Shoes, Stockings and Blankets, which they
have received, to the Board of War. That Maj. [Seth]i Wash-
burn and Maj. [Warham]^ Parks deliver all of the above enumer-
ated articles, which they have received, to the order of the said
Board, who are hereby directed to write to Col. [Caleb] ^ Hyde of
Lenox, requiring him to convey all the above enumerated articles,
which he has received, to Mr. Samuel Ruggles, this State's
Clothier, and take duplicate receipts therefor, one of which he is
immediately to send to the Board of War. The above Agents are
to observe the Resolve of the 15th of November last, respecting
packing the cloathing and marking the casks. It is further

Resolved, That the Board of War write to all the Agents ap-
pointed by a Resolve of the 21st of June last, who are not named
above, requiring them to convey all the articles above mentioned,
which they have received, to the Board of War, or such other place
as said Board may judge best for the public service, and on no
account to fail of doing it with the utmost possible dispatch. All
the aforesaid Agents are required to pay strict observance to a
Resolve of the 22d of November last, concerning the inspecting
said Cloathing, and if any of them have not received all the
articles they were directed to collect, they are hereby directed to
proceed in collecting such deficient articles, and to forward them
as soon as possible to such places as the Board of War shall direct;
and the charges unavoidably incurred in the execution of these
orders shall be allowed and paid by the Committee on Accounts.
[Passed December 3.

I Ante, p. 74, chap. 138.

[3d Sess.I Resolves, etc. — 1779-80. 285

CHAPTER 605.

RESOLVE SETTING ASIDE THE JUDGMENT IN FAVOR OF DAVID
OILMAN AND OTHERS AGAINST SAMUEL WHITE, STAYING WRITS,
ETC., AND ALLOWING TRIAL AT THE NEXT INFERIOR COURT FOR
THE COUNTY OF LINCOLN AS IF CONTINUED.

On the Petition of Samuel White, praying leave that a judg- Legislative
nient of the Inferior Court for the County of Lincoln against him councif, °' *^^
in favour of David Oilman and others, given at the last term of ?} - 152.
said Court, may be set aside: Archives,

Resolved, That the same judgment and the report of the Referees mSJ ' ^'^"^'
in said case be set aside and annulled, and if any Writ of Posses- Resolves,
sion or Execution has issued thereon that the same be stayed, and chap. 119.'

that the action on which the said judgment is founded be brought Mass.
forward to the next Inferior Court of Common Pleas for the said 4^^^*^v^*^i95 196
County of Lincoln as if the same had been regularly continued
thereto from the last term, and the same proceedings had thereon
as by law the parties are intitled to, the said judgment notwith-
standing; Provided the said White cause the said Oilman and
others to be served with an attested copy of this Resolve sixty
days before the first day of the next term of said Court. [Passed
December 3.

CHAPTER 606.

VOTE CONFIRMING FORMER REPORT ON THE DISPUTE BETWEEN
SOUTH HADLEY AND GRANBY AND ALLOWING GRANBY. AT THE
NEXT SITTING, TO CHOOSE WHETHER THEY WILL BE AGAIN AN-
NEXED OR DIVIDED.

The Committee of both Houses appointed upon the petition of Legislative
Noah Ooodman, Esq., Agent for the Town of South-Hadley, and Council,"
the several papers respecting the dispute between the Towns of Mass^"'
South-Hadley and Oranby, and report what is proper to be done Resoives,
thereon, having attended the business of their appointment, heard chap. 129.

the parties, report as their opinion, that the Report signed Jabez provii
Fisher, per Order, and reported to this Court the 31st of May last, ^htT^'egs' *'^^'
be accepted, and that Noah Ooodman, Esq., Agent for South-
Hadley, be and he hereby is directed to serve the Town-Clerk of
Oranby with a copy of this Report, that the Town of Oranby
may, by their Agent or otherwise, on the 1st Tuesday of the next
Sitting of the Oeneral Court, have an opportunity (if they think
proper) to choose whether they will be again annexed to South-
Hadley, or divided agreeable to the Report of the Committee re-
ferred to above. {Passed December 3.

CHAPTER 607.

RESOLVE DIRECTING SAMUEL OSGOOD, ESQ., TO SEND THE CON-
DEMNED POWDER IN THE MAGAZINE AT WATERTOWN TO THE
MILLS AT STOUGHTON TO BE REMANUFACTURED, THE COMMIS-
SARY TO CLEAR THE MAGAZINE AND REQUESTING THE COUNCIL
TO DISCHARGE THE GUARD.

On the Memorial of Richard Devens, Commissary-Oeneral Legislative
of this State, setting forth, that the State is at considerable ex- Council,
pence for a guard at the powder magazine at Watertown, and ^ilss^^'
that there is only five tons of condemned powder in said magazine. Archives,

ccxxv., 197.

286

Resolves, etc. — 1779-80. [Chaps. 608-610.]

Mass.
Resolves, _
Nov. Session,
chap. 130.

^^ass.

Archives,
ccxxv., 19S.
Ante, p. 169,
chap. 351.

which ought to be sent to the mills to be manufactured over again,
and that then the magazine might be cleared and the Guards dis-
charged: Therefore

Resolved, That Samuel Osgood, Esq., be and he is hereby
directed, as soon as possible, to send for said condemned powder
to the mills at Stoughton, in order that the same might be re-
manufactured, and that the Commissary be and he is hereby
directed, as soon as said condemned powder is delivered, to clear
said magazine and acquaint the Honorable Council therewith, who
are thereupon requested to discharge said Guards from any further
service. [Passed December 3.

CHAPTER 608.

Legislative
Records of the
Council,
.\1., 153.
Mass.
Archives,
ccxxv., 199.
Mass.
Resolves,
Nov. Session,
chap. 135.

Mass.
Archives,
cclxxxv., 56.
Ante. p. 269,
chap. 569.

RESOLVE DIRECTING THE BOARD OF WAR TO SETTLE ALL AC-
COUNTS FOR THE SUPPLY OF THE ARMY ON THE PENOBSCOT
EXPEDITION UPON VOUCHER OR OATH.

Resolved, That the Board of War be and they hereby are directed
to receive and pass all the accounts of the officers and other per-
sons w4io have supplied the army on the late expedition to Penob-
scot, or while occupying any post after the retreat; said Board of
War to call for proper vouchers to each account they shall so pass,
and if vouchers cannot be obtained, the said accountant to be put
upon his oath respecting the justice of the charges not so vouched.
Said Board of War is hereby directed and impowered to receive
or pay any balances which may be due on the settlement of the
aforesaid accounts. [Passed December 3.

CHAPTER 609

RESOLVE ESTABLISHING THE PAY OF THE COMMITTEE FOR
METHODIZING ACCOUNTS AT £8 PER DAY FROM THE Ist OF
OCTOBER LAST UNTO DATE AND FOR THEIR FUTURE SERVICES
AS THIS COURT SHALL ORDER.

Legislative
Records of the
Council,
xl., 154.
Mass.
Archives,
ccxxv., 200.
Mass.
Resolves,
Nov. Session,
chap. 131.

Mass.
Archives,
ccxxv., 201.

On the Petition of John Deming and Peter Boyer, praying for
an augmentation of their pay, on account of the high price of the
necessaries of life:

Resolved, That there be allowed and paid out of the Treasury
to John Deming and Peter Boyer the sum of eight Pounds a day
each, in full for their services as a Committee for methodizing
accounts, from the 1st day of October last to the present time, and
for their future services in the business aforesaid such sums and
allowances as this Court shall order. [Passed December 3.

CHAPTER 610

I.,egislativc
Records of the
Council,
xl., 154.
Mass.
Archives,
ccxxv., 202.
Mass,
Resolves,
Nov. Session,
chap. 124.

RESOLVE GRANTING £700 TO SAMUEL FREEMAN, ESQ., CLERK OF
THE HOUSE OF REPRESENTATIVES, IN PART FOR HIS SERVICES.

Resolved, That there be allowed and paid out of the Treasury
of this State to the Hon. Samuel Freeman, Esq., in part for his
services as Clerk of the House of Representatives, the sum of seven
Hundred Pounds, he to account for the same. [Passed December 3.

[3d Sess.] Resolves, etc. — 1779-80. 287

CHAPTER 611.

RESOLVE GRANTING £G,000 TO THOMAS GUSHING, ESQ., AND OTHERS, keloJds'of the
A COMMITTEE OF FORTIFICATION. Council,

xl., 154.
Mass.

Resolved, That there be paid out of tlie public Treasury of thi.s ^^^^^''^h^

r~n • * CCXXV 2\JO

State to the Hon. Thomas Gushing, Esq., and others, a Committee Mass."

of Fortification, the sum of six Thousand Pounds, they to be Nov!'set^ion,

accountable for the same. [Passed December 3. chap. i2fi.

CHAPTER 612.

RESOLVE GRANTING £658. 10s. TO HON. JOHN HANCOCK, ESQ., THE
BALANCE DUE HIM FOR SERVICES AND EXPENSES AS DELEGATE
TO CONGRESS FROM JUNE 3, TO JULY 28, 1778.

The Committee appointed to examine and adjust the account Legislative
of the Hon. John Hancock, Esq., one of the Delegates of Congress coSncIf, °^ *''''
from this State, have attended that service, and beg leave to report ^•' i'^^-
that the sum due to him for his services and expences, horse hire. Archives,
&c. from June 3, 1778 to July 28, 1778, amounts to nine Hundred mSs"^' ^°'^-
and fifty-eight Pounds ten Shillings; of which he has received R®®°'^®^;..
three Hundred Pounds of the State Treasurer, and there remains a chap. m.

ballance due to the said John Hancock, Esq., of six Hundred and Mass.
fifty-eight Pounds ten Shillings: Therefore wSlv^^loo

Resolved, That there be paid out of the Treasury of this State
to the Hon. John Hancock, Esq., the sum of six Hundred and
fifty-eight Pounds ten Shillings, in full for the ballance due to him
for his services and expences as Delegate from this State in Con-
gress from June 3, 1778 to July 28, 1778. [Passed December 3.

CHAPTER 613.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TO CAPT.
LEMUEL CLAP SIX FIREARMS FOR THE MEN WHO LOST THEIRS
WHEN THE PRISONERS ROSE ON THE GUARD SHIP JULY 22d
LAST.

On the Petition of Capt. Lemuel Clap, setting forth that he Legislative
raised a company of soldiers to do duty at Dorchester and Rox- councif °^ *'^^
bury, and that on the 29th day of June last he received an order ^i - 155.
of Council to send fifteen men with a serjeant and corporal to do Archives,
duty on board the guard-ship in this harbour; that on the 22nd Ma^J" ^"^^
day of July last the prisoners on board the guard-ship rose on Resolves,
the guards and took six fire-arms from them, and praying that chap. 13.3.
the General Court would give him an order on the Board of War Mass.
for six fire-arms to replace those which were lost: 4'jlw^*^67 'os

Resolved, That the Board of War be and they are hereby directed
to deliver to Capt. Lemuel Clap six fire-arms, to be by him de-
livered to the men who lost them. [Passed December 3.

288

Resolves, etc. — 1779-80. [Cil\ps. 614,615.1

CHAPTER 614

RESOLVE GRANTING £568 TO THE TOWN OF BRIDGEWATER AS THE
REMITTANCE OF A FINE FOR TWO MEN AND BOUNTIES FOR
TWENTY-FOUR MEN.

Legislative
Records of the
Council,
xl., 156.
Mass.
Archives,
ccxxv., 209.
Mass.
Resolves,
Nov. Se,ssion,
chap. 12S.

Mass.
Archives,
cc.\xv., 210-212.
Province
Laws, XX., 367,
chap. 970; 441,
chap. 55.

On the Petition of the Selectmen of the Town of Bridgewater,
setting forth, that said Town of Bridgewater raised two IMen
more than they had credit for in the year 1778, by which means
they were subjected to a Fine of two Hundred Pounds, and were
deprived of the thirty Pounds bounty for each man, promised to
those towns that shoukl raise their men, agreeable to a Resolve
of April 20, 1778, for filling up the Continental Army, and further
setting forth, that they did raise twenty-two men to serve in the
State of Rhode-Island, agreeable to a Resolve of June 12, 1778,^
for which men they have not been allowed the fourteen Pounds
bounty, agreeable to the abovesaid Resolve: Therefore

Resolved, That there be allowed and paid out of the public
Treasury of this State to the Selectmen of the town of Bridgewater
the sum of two Hundred Pounds, as a remittance for said fine,
and the sum of sixty Pounds, as bounty for said two men, and a
sum of three Hundred and eight Pounds, as bounty for the
abovesaid twenty-two men, agreeable to the abovesaid Resolves.
[Passed December 3.

CHAPTER 615

RESOLVES SETTING A HEARING ON THE ALLOWANCE, AS EVIDENCE.
OF A CERTIFIED COPY OF LIEUT. GOV. WILLIAM STOUGHTON'S
WILL, THE PROBATE RECORDS OF SUFFOLK COUNTY^ BEING OUT
OF THIS STATE, AND CONTINUING THE ACTIONS BY LEMUEL
KOLLOCK AND OTHERS AGAINST JOHN WYMAN AND JONA-
THAN STREETER UNTIL THE INFERIOR COURT AT WORCESTER
IN MARCH NEXT.

Legislative
Records of the
Council,
xl., 156.
Mass.
.Archives,
ccxxvii., 421.
Mass.
Resolves,
Nov. Session,
chap. 1.34.

Mass.
Archives,
ccxxvii., 422.

Upon the Motion of Lemuel Kollock, shewing that there are
two actions of trespass pending in the Inferior Court of Common
Pleas, in the County of Worcester, in which said Lemuel Kollock
and others are Plaintiffs and John Wyman is Defendant in one of
those actions, and Jonathan Streeter is Defendant in the other,
and also shewing that it will be proper for the Plaintiffs to give
in evidence in those actions a copy of the last Will and Testament
of the late Lieut. Gov. [William]^ Stoughton, deceased, duly at-
tested, which cannot at present be procured by reason of the
removal of the Probate Records of the County of Suffolk out of
this State, the said Lemuel produceing a paper purporting to be a
true copy of the last Will and Testament aforesaid, attested by
one Elijah Dunbar, praying that the same may be established by
the legislature as a true copy of the same last Will, and be given
in evidence in all causes and actions in which said last Will and
Testament might be given in evidence: Therefore

Ordered, That the said Lemuel notify said Wyman and Streeter,
by serving them with an attested copy of this order, to shew
cause, if any they have, why the paper purporting as aforesaid
should not be established and allowed to be given in evidence as
moved for, on the 1st Wednesday of the next sitting of the Gen-
eral Court. And it is

Resolved, That the Justices of the Inferior Court aforesaid be

> Manual for the General Court, 1919, 286.

[3d Sess.] Resolves, etc. — 1779-80. 289

hereby authorized and directed to continue said actions until!
next March term, and also to require said Wyman and Streeter
severally to give bond with sufficient sureties in reasonable penal-
ties, to be determined by said Justices, to said Kollock and his
heirs, conditioned to commit no strip nor waste on the lands de-
scribed in the writs on which the above actions are founded until
final Judgment shall be had thereon, and to imprison without bail
or mainprise the said Defendants, upon their refusal, until they
give the bonds aforesaid. [Passed December 3.

CHAPTER 6 16.

RESOLVE APPOINTING MR. THOMAS WALLEY TO HAVE THE TAX
ACT PRINTED AND DELIVERED TO THE TREASURER WHO WILL
SEND THEM TO THE SHERIFFS TO BE DISPERSED TO THE TOWNS.

Whereas it is highly necessary that the present Tax-Bill should pg^'^J^s'^'f the
be printed and sent to the several towns in this State with the Council,
greatest possible dispatch: Therefore liass.

Resolved, That Mr. Thomas Walley be and he hereby is ap- ^g^^'5|'^^'2i4
pointed to procure the said Tax-Bill to be printed as soon as the Mass.'

Resolves,

same shall be compleated, and convey them to the Treasurer of Nov!se;
this State, who is hereby directed and required to send them chap. i36.
immediately to the Sheriffs of the several counties; and the said
Sheriffs are required to disperse the same to all the towns in their
respective counties with the greatest dispatch, and to lay their
accounts for the service before the Committee of Accounts for
allowance and payment. [Passed December 4-

^lon,

CHAPTER 617.

RESOLVE GRANTING £4,107. 12s. TO THE HON. SAMUEL ADAMS, ESQ.,
THE BALANCE DUE HIM FOR SERVICES AND EXPENSES AS DELE-
GATE TO CONGRESS FROM APRIL 27, 1778, TO JULY 1, 1779.

The Committee appointed to examine and adjust the accounts Legislative
of the Hon. Samuel Adams, Esq., one of the Delegates of Congress coundf. "^ ^^'^
from this State, have attended that service, and beg leave to re- ^i- ^^^-

Mass

port they have examined said account and find it well vouched Archives,
and right cast, and that there remains a ballance due to said m^J' ^^^'
Samuel Adams of Four Thousand one Hundred and seven Pounds Nov°'sSsi n
twelve Shillings and ten Pence: Therefore chap. i37.

Resolved, That there be paid out of the Treasury of this State Mass.
to the Hon. Samuel Adams, Esq., the above Sum of Four Thou- ^'x^^^lls.
sand one Hundred and seven Pounds twelve Shillings and ten
Pence, being in full of the ballance due to him for his services and
expences from April 27, 1778, to July 1, 1779, as Delegate in Con-
gress from this State. [Passed December 4'

290

Resolves, etc. — 1779-80. [Cilvps. 618, 619.]

Legislative
Records of the
Council,
xl., 159.
Mass.
Archives,
ccxxv., 222.
Mass.
Resolves,
Nov. Session,
chap. 138.

CHAPTER 618.

RESOLVE EMPOWERING THE ASSESSORS OF THE TOWNS OF SHEF-
FIELD AND MT. WASHINGTON TO APPORTION AND ASSESS THE
PRESENT TAX SET UPON THE TOWN OF SHEFFIELD, LTON THE
TOWNS OF SHEFFIELD AND MT. WASHINGTON AGREEABLE TO
THE LAST GENERAL VALUATION.

Whereas the Town of Mount-Washington at the time of taking
the last general valuation was considered as part of the town of
Sheffield, and the town of Sheffield is now taxed in the present
tax-bill the whole sum which ought to have been set to the town
of Sheffield and the town of Mount- Washington; and as it is
impossible at this time to ascertain what proportion of said tax
ought to be set to the town of Mount- Washington: Therefore

Resolved, That the respective Assessors of the town of Sheffield
and the town of Mount- Washington, be and they are hereby au-
thorized and impowered to apportion and assess the present tax
now set to the town of Sheffield, on the towns of Sheffield and
Mount-Washington, agreeable to the last general Valuation.
[Passed December 6.

CHAPTER 619

Legislative
Records of the
Council,
xl., 160.
Mass.
Archives,
ccxxv., 22.3.
Mass.
Resolves,
Nov. Session,
chap. 140.

RESOLVES REQUIRING AN EARLY AND PUNCTUAL ATTENDANCE
AT THE NEXT SITTING FOR THE PURPOSE OF APPOINTING A
COMMITTEE OF MEMBERS FROM EACH COUNTY TO REVISE THE
VALUATION, AND ANY TOWN W^HICH HAS NOT SENT A REP-
RESENTATIVE MAY BE HEARD BY THEIR AGENT OR AGENTS.

The Committee appointed from a number of Counties in this
State to consider the Complaints made by a number of Towns in
the State respecting the present Valuation and report what Meas-
ures are necessary to be taken in order to remove the cause of
said Complaints have carefully attended that Service and after
the best enquiry they are able to make are of opinion that the
present Valuation as it respects the different Counties in the State
is just and equal. But from the many Complaints made and the
best knowledge your Committee can obtain respecting the Matter
they are further of opinion that the Valuation as it respects the
proportions set upon some Towns in some of the Counties in the
State are not so equal as might be wished. This your Committee
find to be the cause of the Complaints made to this Court. Your
Committee can devise no better Method for removeing the cause
of these Complaints than by a County Revision of the Valuation
that so each Complainant may have oppurtunity of Redress ac-
cording as he or they shall make appear to be just and propor-
tionable and that said Revision take place the next Sitting of the
General Court and that in order to an easy and satisfactory
accommodation of the matter the Members of the House are
strictly required and enjoined to give their attendance at the next
Sitting of the General Court. Wherefore your Committee beg
leave to report the following Resolve:
In the House of Representatives

Resolved, That this Court will, as early in the next sitting
thereof as may be, appoint a Committee, consisting of a Member
or Members from each county in this State, to revise the present
Valuation, and report such alterations in the proportions of the
several towns in the different counties as shall then be made ap-
pear just and equal, and in order that the same be done with the

[3d Sess.] Resolves, etc. — 1779-80. 291

utmost justice and satisfaction, the several members of the House
are hereby required and strictly injoined to give an early and
punctual attendance at the next sitting of the General Assembly.
And it is further

Resolved, That any town in this State which has not sent any
Representative to the General Court the present Year, and who
apprehend themselves over-burthened in the said Valuation, shall
and may be heard respecting the matter by their Agent or Agents,
as they shall choose to appoint.
In Council

Read and Concurred. [Passed December 6.

CHAPTER 620.

RESOLVE GRANTING £151. 2s. TO JAMES PRESCOTT, ESQ., FOR PRO-
CURING AN ACCOUNT OF THE ESTATES OF ABSENTEES IN MID-
DLESEX COUNTY.

On the Petition of James Prescott, Esq., praying for such an Legislative
allowance for his services in procuring an account of the estates councif, °^ *'^^
of Absentees in the county of Middlesex, agreeable to a resolve of ^J -g'^*^-
the General Court of the 23d of June last, as shall be adequate Archives,

. ,1 • ccxxv., 225.

to those services: Mass.

Resolved, That the prayer of the said petition be granted, and Jl^^^^^ggg-gj^^
that there be paid out of the public Treasury to the said James chap. i4i.
Prescott, Esq., the sum of one Hundred and fifty-one Pounds two Mass.
Shillings, in full for said services. [Passed December 6. cVscvTsm, 227.

A7ite, p. 82,
chap. 155.

CHAPTER 621.

RESOLVE PERMITTING WILLIAM GREENWOOD TO GO IN HIS VESSEL
TO HARRINGTON, N. S., TAKING RYE AND INDIAN CORN FOR THE
DISTRESSED PERSONS THERE AND TO RETURN WITH HIS FAMILY
AND EFFECTS.

The Committee of both Houses on the petition of William Legislative
Greenwood, praying, for reasons set forth in his petition, that he c wctf, °^ *''"'
may have leave to return to Nova-Scotia, and to carry some xi., lei.
necessaries for the support of his family and others, and that he Xrchives,
may return to this State with his family and effects, report the uSI^ ^^^'
following Resolve: viz. iiesoives,

T-. 7 7 mi 1 r» 1 • • 1 (• i 1 iNov. Session,

Resolved, ihat the prayer 01 the petition be so tar granted as chap. 139.
that the said William Greenwood be and hereby is permitted to Mass.
depart this State and to go to Barrington in the Government of 'g'(5^^^^"^®2^^o.
Nova-Scotia, and to take on board his vessel, twenty-five bushels ccxxviii., 22.3-
of Rye, and twenty-five bushels of Indian-Corn for the support of Laws, .^x.TsTa!
his family and other distressed persons there, and also that he ''^'^p- ^^°-
be and hereby is permitted to return to this State with his family
and effects. And all armed vessels belonging to this State are
commanded, and those belonging to the United States are re-
quested not to molest or impede the said William Greenwood in
his passage to or return from Nova-Scotia, for the purpose afore-
said, but to afford him any protection and assistance in their
power. Which is submitted

William Spooner per Order.
In Council

Read and Accepted

In the House of Representatives

Read and Concurred. [Passed December 6.

292

Resolves, etc. — 1779-80. [Chaps. 622-624.]

CHAPTER 622

RESOLVES ADVANCING £600 TO CAPT. EZRA LUNT, COMMISSARY OF
SMALL STORES, TO ENABLE HIM TO PROCEED TO CAMP AND DI-
RECTING HIM TO ADD THE COST OF TRANSPORTATION TO ALL
STORES HE RECEIVES FROM THE COMMITTEE OF SUPPLIES, AS
IS SET IN AN ACT TO PREVENT MONOPOLY AND OPPRESSION.

Legislative
Records of the
Council,
xl., 164.
Mass.
Archives,
ccxxv., 228.
Mass.
Resolves,
Nov. Session,
chap. 142.

Province
Laws, v., 583,
chap. 14.

Resolved, That there be paid out of the public Treasury of this
State to Capt. Ezra Lunt, Commissary of this State to deHver out
small Stores to that part of the Continental Army raised by this
State, the sum of six Hundred Pounds, to enable him to proceed
to camp, he to be accountable for the same. And it is further

Resolved, That the said Commissary is to add the cost of trans-
portation upon all the stores he receives from the Committee of
supplies as is set in An Act to prevent Monopoly and Oppression,
passed in the Year 1777. [Passed December 6.

CHAPTER 623

RESOLVE DIRECTING THE COMMITTEES OF SHREWSBURY, OXFORD
AND BROOKFIELD TO DELIVER TO SAMUEL BROOME SUGAR
BELONGING TO JOHN BROOME AND JEREMIAH PLATE OF HART-
FORD, STOPPED BY SAID COMMITTEES, HE PAYING STORAGE
AND REASONABLE EXPENSES.

Legislative
Records of the
Council,
xl., 175.
Mass.
Archives,
ccxxv., 229.
Mass.
Resolves,
Nov. Session,
chap. 143.

Mass.
Archives,
ccxxv., 230,
231. Province
Laws, v., 1114,
chap. 13.

On the Petition of Samuel Broome, of Boston, setting forth,
that he sent forward forty barrels of sugar that belonged to John
Broome and Jeremiah Plate, of Hartford, some time before the
Embargo Act took place, but before said sugar got out of this
State the Committees of Shrewsbury, Oxford and Brookfield,
stopped said sugar, said Act then having took place, and is now
under the care of the Committees of said towns of Shrewsbury,
Oxford and Brookfield, as set forth in said petition: Therefore

Resolved, That the prayer of the petition be granted, and that
the several Committees or Selectmen of the towns of Shrewsbury,
Oxford and Brookfield be and hereby are directed to deliver to
said Samuel Broome, or his order, the quantity of sugar in their
hands, and stopped in the several towns aforesaid, that was sent
forward by said Samuel Broome, he paying for storage and reason-
able pay for necessary expences; any law to the contrary not-
withstanding. [Passed December 6.

CHAPTER 624.

Legislative
Records of the
Council,
.\I., 166.
Mass.
Archives,
ccxxv., 2.32.
Mass.
Resolves,
Nov. Session,
chap. 148.

RESOLVE REQUESTING THE OVERSEERS OF THE POOR OF THE TOV/N
OF BOSTON TO MAKE PROVISION FOR A NEGRO MAN CALLED BOS-
TON, SERVANT TO ABEL WATERS OF DANVERS, AND CHARGE THE
SAME TO THIS STATE.

Resolved, That the Overseers of the poor of the town of Boston
be and they are hereby requested to make provision, and charge
the same to this State, for Boston, Negro-Man, servant to Abel
Waters of Danvers, until the further order of this Court. [Passed
December 7.

[3d Sess.] Resolves, etc. — 1779-80. 293

CHAPTER 625.

RESOLVE EMPOWERING THE BOARD OF WAR TO GIVE HENRY, Legislative
McCLALLEN & HENRY PERMISSION TO TRANSPORT THIRTEEN Records of the
LOADS OF GOODS, PURCHASED PREVIOUS TO THE EMBARGO xl 167
ACT, OUT OF THIS STATE. MiLjs.

Archives,
ccxxv., 233.

On the Petition of Henry McLellan and Henry [Henry, Mass
MeClallen & Henry] ^ praying for liberty to transport a quantity Nov!seskion,
of merchandize out of this State: chap. 152.

Resolved, That the Board of War be and hereby are impowered ^^f^:
to give said Henry McLellan and Henry [Henry, MeClallen & ccxxv., 234;
Henry] 1 a permission to transport the thirteen loads of goods Province ^^'
mentioned in their petition, (which were purchased previous to the Jif^^'j^' ^^^*'
passing the embargo act) out of this State, any law to the con-
trary notwithstanding. [Passed December 7.

CHAPTER 626.

RESOLVE ALLOWING COL. CHASE, DEPUTY QUARTERMASTER GEN- Legislative

ERAL, TO SELL A NUMBER OF HORSES (UNFIT FOR SERVICE) BE- Records of the

LONGING TO THE UNITED STATES AT PUBLIC VENDUE. S^^TJ''

xl., 168.

Mass.

On the Petition of Thomas Chase D.Q.M.G. praying for lib- cc^v'^^m
erty to sell a number of Horses (which are unfit for service) belong- Mass
ing to the United States, at public Vendue : Nov. Session,

Resolved, That the said Thomas Chase have leave to sell said ^^^p- ^^^-
Horses at public Vendue, any law of this State to the contrary Mms.
notwithstanding. [Passed December 7. ccxxv., 236.

CHAPTER 627.

RESOLVE DIRECTING THE BOARD OF WAR TO SETTLE ALL JUST AND Legislative
REASONABLE DEMANDS WITH WILLIAM REED, COMMISSARY Records of the
ON THE PENOBSCOT EXPEDITION. xL.Te"

Mass.

On the Petition of WilHam Reed, praying the Board of War ^^^^^vrik
may by impowered to settle his accounts with him as Commissary J^gl^j^gg
on the Penobscot Expedition : Nov. Session,

Resolved, That the Board of War be and they hereby are di- "'''"' '''^■

rected to settle with the said William Reed for all just and reason- Archives
able demands he has against this State, as Commissary on said ccxxv., 250;
Expedition. [Passed December 7. Ante^'p' 2S6,

chap. 608.

CHAPTER 628.

VOTE FOR CONTINUING THE TROOPS AT RHODE ISLAND UNTIL
THEIR TIME SIL\LL EXPIRE AND INFORMING GOV. GREEN AS
TO SAME.

The Committee of both Houses, to whom was referred the letter Legislative
from Gov. [William] 2 Green, respecting the troops at Rhode-Island, co^^r"^^
and to report what is proper to be done thereon, report as their ^^^^^■'

1 Massachusetts Archives, ccxxv., 234. ccxxv 237

2 Ante, p. 214, chap. 454.

294

Resolves, etc. — 1779-SO. [Chaps. 629, 630.]

Mass.
Resolves,
Nov. Session,
chap. 14C.

Mass.
Archives,
ccxxv., 238.

opinion. That the troops be still continued there, until the time
for which they were inlisted shall expire, and that a letter be ad-
dressed to Gov. Green, informing him thereof.
All which is humbly submitted

Edward Cutt per Order.
In Council
Read and Accepted

In the House of Representatives
Read and concurred. [Passed December 7.

Legislative
Records of the
Council,
xl., 168.
Mass.
Archives,
ccxxv., 239.
Mass.
Resolves,
Nov. Session,
chap. 153.

Mass.
Archives,
ccxxv., 240.

CHAPTER 629.

RESOLVE RECOMMENDING TO COL. CHASE, DEPUTY QUARTER-
MASTER GENERAL, THAT HE SUPPLY THE DISTRESSED FAMILIES
OF SOLDIERS IN THE BARRACKS AT CHARLESTOWN AND CAM-
BRIDGE UNTIL THIS COURT SHALL TAKE SOME ORDER.

On the Memorial of Col. [Thomas]^ Chase, Deputy-Quarter-
Master-General, representing to this Court the distressed circum-
stances that a number of soldiers families are in, that are residing
in the barracks in Cambridge or Charlestown, for the want of the
necessaries of life:

Resolved, That it be and hereby is recommended to the said
Quarter-Master to supply the said families with such necessary
articles as he shall think they stand in need of, till this Court shall
take some order with respect to said families. [Passed Decem-
ber 7.

CHAPTER 630

RESOLVE DIRECTING OLIVER PEABODY, ESQ., CLERK. AND THE
CONSTABLES THAT ATTENDED THE COMMITTEE TO ENQUIRE
INTO THE FAILURE OF THE PENOBSCOT EXPEDITION, TO LAY
THEIR ACCOUNTS BEFORE THE COMMITTEE ON ACCOUNTS WHO
SHALL ALLOW AND PAY SUCH AS THEY JUDGE REASONABLE.

Legislative
Records of the
Council,
xl., 169.
Mass.
Archives,
ccxxv., 241.
Mass.
Resolves,
Nov. Session,
chap. 149.

Ante, p. 149,
chap. 305.

Whereas the Committee that were appointed to enquire into
the causes of the failure of the Expedition to Penobscot, were
authorized and impowered to appoint a Clerk, and to oblige
several of the Constables of the town of Boston to attend said
Committee for the purpose of conducting said enquiry with regu-
larity and dispatch. And whereas no allowance has been made to
the aforesaid officers for their time and attendance on said Com-
mittee: Therefore

Resolved, That Oliver Peabody, Esq., who officiated as Clerk to
the Committee aforesaid, and the several Constables that attended
by the direction of said Committee, be allowed to lay their several
accounts of time and attendance before the Committee on ac-
counts for allowance and payment, and the Committee on accounts
are hereby impowered to allow and pay such sums as they may
judge reasonable for the aforesaid services. [Passed December 7.

1 Ante, p. 293, chap. 626.

[3d Sess.] Resolves, etc. — 1779-80. 295

CHAPTER 631.

RESOLVE EMPOWERING EDWARD CABOT TO SELL OR REMOVE A
BUILDING BELONGING TO HIM ON LAND OF ELIAKIM HUTCHIN-
SON, PROVIDED HE DOES NOT PROCEED UNTIL THE 2d WEEK IN
APRIL NEXT.

On the Petition of Edward Cabott [Cabot ^ of Boston, rope- Legislative
maker, that in the year 1766 your Petitioner erected a House on cou™if°^*^°
the land belonging to Eliakim Hutchinson commonly called a xi., 170.'
Long House to carry on his ropemaking business, by leave from ArdiiVes,
said Hutchinson with leave to sell or remove the same] : mSJ" ^^^'

Resolved, That the prayer of the petition be granted, and that Resolves,
the said Edward Cabott [Cabot] is hereby fully impowered to re- chap. Isa'""'
move from off the land, or sell the building as it stands, agree- ^^[^
able to his petition, in case he does not proceed to the selling or -^''°'^'^<^s,
removing until the 2nd Week in April next. [Passed December 7.

CHAPTER 632.

RESOLVE RECOMMENDING TO COL. CHASE, CONTINENTAL QUAR-
TERMASTER GENERAL, TO MAKE IMMEDIATE PAYMENT TO
THOMAS FILLEBROWN AND OTHERS OF CHARLESTOWN FOR RENT
AND DAMAGES BY THE TROOPS OF THE CONVENTION THEREIN
QUARTERED, CHARGING THE SAME TO THE CONTINENT OR THE
TROOPS OF THE CONVENTION AS THEIR NATURE MAY REQUIRE.

Whereas it was thought proper when the troops under Gen. Legislative
[John] ^ Burgoyne were captured, to quarter them for some time ^^^^'j.'-f °^ ^^^
in the barracks at Charlestown, and it being necessary to procure xi., 170.'
houses other than the barracks for the use of the officers, stores, Archives,
&c., and this Court did by their Committee engage to the owners '^^f^'^-' 242.
of said houses to make good the rent and damage that might arise Resolves,
to said owners, either by their removal, or the damage done to chap. 145!'°"'
their buildings, &c. And whereas it appears that there is due to Province
sundry persons as follows, viz. \°^^'®' .'?/• l^V

^ chap. 494; 190,

To Thomas Fillebrovt^n, for rent, one Hundred twenty-seven pounds
thirteen Shillings and six Pence, and for charge in removing his
family, &c., and for damage done to his fences, &c., eighty
Pounds, in the whole two Hundred seven Pounds thirteen
Shillings and six Pence £207 1.3 6

To Rebecka Prentice, for rent, one Hundred forty-three Pounds two
Shillings, and for damages thirty Pounds, in the whole, one
Hundred seventy-three Pounds two Shillings, .... £17.3 2

To Peter Tufts, for damage in being obliged to remove his family, all
his hay and farming utensils, and damage done lands, fences,
&c., six Hundred Pounds, . £600

To Rebecka Rand, for her expence in removing the family and effects,
and for damage done to her house and barn, &c., seventy-eight
Pounds nine Shillings, £78 9

To William Hunniwell, for rent of his house for Gen. [James Inglis] '
Hamilton, and damage done to him in his house, fences, &c.,
five Hundred two Pounds four Shillings and six Pence, . £502 4

To Mary Frost, for rent of her house and barn for stores, sixty-four
Pounds ten Shillings, and for damage done to her house, barn,
hay, (fee, two Hundred ten Pounds fifteen Shillings, in the whole,
two Hundred seventy-five Pounds five Shillings, . • . . £275 5

To Thomas Brooks, Esq., for rent of his house, one Hundred sixteen

Pounds two Shillings, £11620

To David Wood, Esq., for damage done to his fences and land, one

Hundred and Twenty Pounds, £120

And to Abraham Watson and Thomas Brooks, Esquires, and Mr.
Isaac Mallet, who were mutually chosen by the Committee of
the General Court and the sufferers to estimate the rents and
damage aforesaid, viz.

' Massachusetts Archives, ccxxv., 246.

2 A list of the General and Field Officers in the Army, 1777,

8 Burgoyne's Orderly Book, Albany, i860.

chap. 502.

296

Resolves, etc. — 1779-80. [Chaps. 633, 634.J

To Abrriliam Watson, Esq., for three days time and expence in enter-
taining the Committee, seventeen Pounds five Shillings, . . £17 5

To Thomas Brooks, Esq., for three days time in said service, nine

Pounds £9

To Mr. Isaac Mallet, for two and half days service in said business,

seven Pounds ten Shillings, . . . . . . . £7 10

Therefore

Resolved, That it be recommended and it is hereby accordingly
recommended to Thomas Chase, Esq., Continental Quarter-Mas-
ter-General in this department, to make immediate payment to
the persons above mentioned of the sums respectively affixed to
their names, and charge the same to account of the Continent,
or the Convention troops, as the nature of the accounts may re-
quire. [Passed December 7.

CHAPTER 633

Legislative
Records of the
Council,
.\1., 171.
Mass.
Archives,
cc.xxv., 247.
Mass.
Resolves,
Nov. Session,
chap. 1.51.

Mass.
Archives,
ccxxv., 248.
Ante, p. 175,
chap. 365.

RESOLVE GRANTING £184. 10s. TO THOMAS GUSHING AND NA-
THANIEL GORHAM, ESQUIRES, FOR TIME AND EXPENSES AS
DELEGATES TO THE HARTFORD CONVENTION.

Resolved, That there be paid out of the Treasury of this State
to the Hon. Thomas dishing, Esq., and Nathaniel Gorham, Esq.,
the sum of one Hundred and eighty-four Pounds ten Shillings, in
full for the ballance due to them for their time and expences in
attending as Commissioners from this State, to meet Commis-
sioners from the other New-England States and the State of New-
York, at Hartford. [Passed December 7.

CHAPTER 634

VOTE LAYING THE MATTER OF THE ANNEXATION OF PART OF
STONEHAM TO READING ON THE TABLE.

Mass.
Archives,
ccx., 229.

Mass.
Archives,
OCX.. 225-228.
Ante, p. 140,
chap. 285.

The Committee of both Houses on the Petition of Joseph
Bryant and others praying that they with their Estates may be
set off from Stoneham and be annexed to the Town of Reading
have in obedience to their orders repaired to said Stoneham, first
notifying the Selectmen of said Town and the Petitioners of the
time, place and occasion of their Meeting, have heard the Select-
men and Petitioners on the subject matter of their Petition, also
viewed the whole Town, are clearly of opinion that it would
greatly accomodate the Petitioners on many accounts for them
with their Estates to be set off from Stoneham and be annexed
to Reading, there to do Duty, and receive Priviledges: but as the
inevitable consequence of that would be to annihilate the Town of
Stoneham and considering that some part of the Town having a
great desire to continue their Existence as a Town the Committee
report as their opinion that the prayer of the Petition be not
granted at this time but that the Petition with the papers accom-
panying the same lye on the Table for the present.
All which is submitted.

Aaron Wood per Order.
In Council

Read and Accepted

In the House of Representatives

Read and concurred. [Passed December 7.^

' Adjourned to December 14. — Legislative Records of the Council, xl., 171.

[3d Sess.] Resolves, etc. — 1779-80. 297

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Tenth Day of November, A.D. 1779 and
continued by Adjournment to the Fourteenth
Day of December, following.

CHAPTER 635.

RESOLVE directing THE NAVAL OFFICER OF THE PORT OF BOSTON
TO CLEAR OUT THE SLOOP CHARMING POLLY P^OR PHILADELPHIA,
WITH TEN PIPES OF MADEIRA WINE SHIPPED BY JOHN BRADFORD,
CONTINENTAL AGENT.

On the Petition of William Erskine, praying that directions Legislative
may be given to [Nathaniel Barber, Esq.]/ the Naval-Officer for coundf,"^ *^^
the port of Boston to clear out the sloop Charming Polly, with xi . i73.'
ten pipes of Madeira wine, for Philadelphia: Archives,

Resolved, That the Naval-Officer for the port of Boston be and MasJ'^'^''
hereby is directed to clear out the sloop Charming Polly for Resolves,
Philadelphia, having on board ten pipes of Madeira wine, shipped ch^p. 2^^*'° '
by John Bradford, Esq., Continental Agent, for account of the Province
Continent; any embargo to the contrary notwithstanding. [Passed ^^"'^•j^g' ^^^^•
December 15.

CHAPTER 636.

RESOLVE AUTHORIZING THE JUDGES OF THE MARITIME COURTS TO
MAKE AND ENTER UP THE DECREES, ETC., OF THE CASES NOW
PENDING THEREIN, WITHOUT CERTIFICATES FROM THE COM-
MISSARY OF THE DELIVERY OF THE PRISONERS.

Whereas there are sundry maritime causes depending in the Legislative
several Maritime Courts of this State, in which divers vessels Council,
their cargoes and appurtenances, have been libelled for condem- Mass"^^'
nation as lawful prizes pursuant to the laws of this State, and Archives,
verdicts of juries have been duly returned and recorded finding Mass. '
the said vessels, their cargoes and appurtenances, lawful prizes, Dec°^Session,

and forfeited to the captors, but the Judges of the several Mari- chap. 1.

time Courts aforesaid have been precluded from making and
entering up decrees and judgments pursuant to said verdicts, by
reason that no certificates from the Commissary of Prisoners of
the delivery to him of the prisoners taken on board said vessels
have been produced to the said Judges, when in fact in some of
those vessels there were no prisoners taken, in others the people
on board the prize were Americans, and in others the prisoners
deserted and fled before they could be returned to the Commis-
sary, and as it is of importance that decrees and judgments should
be entered and made up pursuant to said verdicts, which cannot
be done without the interposition of the General Court: Therefore

1 Province Laws, xx., 589, chap. 450.

298

Resolves, etc. — 1779-80. [Chaps. 637-039.]

Legislative
Records of the
Council,
xl., 174.
Mass.
Archives,
ccxxv., 255.
Mass.
Resolves,
Dec. Session,
chap. 2 [a|.

Mass.
Archives,
ccxxv., 257-262.

Legislative
Records of the
Council,
xl., 174.
Mass.
Archives,
ccxxv., 264.
Mass.
Resolves,
Dec. Session,
chap. 4.

Resolved, That the Judges of the several Maritime Courts within
this State be and they hereby are authorized and impowered to
make and enter up their decrees and judgments in all Maritime
causes circumstanced as aforesaid, which are now pending in the
several Courts aforesaid, and in which verdicts of juries have been
duly returned and recorded; any law, usage or custom to the con-
trary notwithstanding. [Passed December 15.

CHAPTER 637.

RESOLVES CENSURING DANIEL JONES FOR BRINGING HIS DAUGH-
TER MARY GRACIE INTO THIS STATE WITHOUT PERMISSION BUT
ALLOWING HER TO GO TO NEWPORT AND NEW YORK ON PAIN OF
IMPRISONMENT IF SHE RETURN WITHOUT SPECIAL LICENSE.

Upon the Petition of Daniel Jones, praying that his daughter,
Mary Gracie, may have permission to return to her husband at
New-York :

Resolved, That the conduct of the said Daniel Jones, in bringing
his daughter, Mary Gracie, into the State, without first giving
notice thereof unto and obtaining the approbation of the supreme
authority for the same, is unjustifiable and ought not to be drawn
into precedent.

Resolved, nevertheless, that the prayer of said petition be
granted, and that the said Mary Gracie be and she hereby is per-
mitted to go to Newport, and there (if agreeable to the Govern-
ment of the State of Rhode-Island) proceed in a flag to Ncav-
York. The said Mary Gracie not again to return without special
licence from this State, on pain of imprisonment. [Passed Decem-
ber 16.^

CHAPTER 638.

RESOLVE ALLOWING LIEUT. COL. METCALF OF THE 4th REGIMENT
IN SUFFOLK COUNTY TO RESIGN.

Whereas Lieut. Col. James Metcalf, of the 4th regiment of
militia in the county of Suffolk, has asked leave to resign on ac-
count of his ill state of health:

Resolved, That Lieut. Col. James Metcalf have and he hereby
has leave to resign his commission accordingly. [Passed Decem-
ber 16,

CHAPTER 639.

Legislative
Records of the
Council,
xl., 175.
Mass.
Archives,
ccxxv., 263.
Mass.
Resolves,
Dec. Session,
chap. 3.

ORDER FURTHER POSTPONING MATTERS WHICH WERE ASSIGNED
TO CERTAIN DAYS AND TIMES OF THIS SESSION TO THE SAME
OF THE NEXT SITTING.

Whereas from the great urgency of public business, divers
matters of a private nature were at the last sitting of the General
Court postponed to certain days of the then next sitting of the
General Court; and whereas the present urgency of public impor-
tant business will not permit said matters to be taken up by the
House at this present sitting: Therefore

Ordered, That all matters which were at the last sitting of the

I This date is December 15 according to Legislative Records of the Council and
Massachusetts Resolves.

[3d Sess.] Resolves, etc. — 1779-80. 299

General Court postponed to certain days and times of the then
next sitting of the General Court, be further postponed to such
days and times of the next sitting of the General Court as were
respectively assigned in this sitting for the taking of them up.
[Passed December 16.

CHAPTER 640.

RESOLVES DIRECTING THE TREASURER TO ISSUE HIS EXECUTIONS
AGAINST DELINQUENT COLLECTORS OF TAXES, THE SHERIFFS
TO MAKE THEIR RETURNS WITHIN THIRTY DAYS AND THE SEC-
RETARY TO PUBLISH THE SAME IN THE BOSTON AND WORCESTER
NEWSPAPERS.

Whereas the exigencies of Government are such as render it Legislative
absolutely necessary that the Collectors of taxes should be punctual c^nclf,"^*''*
in their payments of taxes to the Treasurer, at the time when said ^' i^^-
taxes become due: Therefore Archives,

Resolved, That the Treasurer of this State be directed and he is mS * ^*^'
hereby accordingly directed to issue his executions against all the Resolves,
Collectors of taxes who shall be deficient in their payments on the chap.'^e.
15th day of January next, for any taxes that were payable on or
before the 1st day of said January. And it is further

Resolved, That the several Sheriffs to whom said executions shall
be directed, and who live within forty miles of the Treasurer's-
Office, shall return their executions, with their doings thereon in
fifteen days, and those Sheriffs who live more than forty miles,
and less than one hundred miles, shall make the like return in
twenty days, and all other Sheriffs shall make the like return in
thirty days after the respective dates of said executions. And be
it further

Resolved, That the Secretary of this State be directed, and he is
hereby accordingly directed to cause these resolves to be immedi-
ately published in the Boston and Worcester News-Papers, that
all persons concerned may be duly notified hereof, that they may
govern themselves accordingly. [Passed^ December 17.

CHAPTER 641 .

RESOLVE MAKING AN ESTABLISHMENT FOR SEVENTEEN MEN WHO
SERVED AS GUARDS UNDER CAPT. RALPH THOMPSON TWENTY-
ONE DAYS ADDITIONAL BY DESIRE OF GEN. HANCOCK.

On a mOTiON for certain allowances or gratuities to be granted Legislative

, , ••irr> 1', 11,1 Records of the

to seventeen non-commissioned oihcers and privates, who lately Council,
served as guards and fatigue parties on the fortresses in and about ^ass'^^
Boston, under the command of Capt. Ralph Thompson, who Archives,
continued in service by desire of the Hon. Gen. [John] ^ Hancock, Mass. '
twenty-one days after the time of their engagement expired: there- Dec°^Session,

fore chap. 8.

Resolved, That there be allowed and paid out of the public
Treasury of this State to each of the above seventeen men, in
addition to their former pay and wages, at the rate of twelve
Pounds per month, for remaining twenty-one days in service after
their time engaged for expired, and said Capt. Thompson is hereby
directed to make up his pay-roll accordingly. [Passed Decem-
ber 17.

' Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 208.

300

Resolves, etc. — 1779-80. [Chaps. 642, 643.]

CHAPTER 642.

Legislative
Records of the
Council,
xl., 177.
Mass.
Archives,
ccxxv., 268.
Mass.
Resolves,
Dec. Session,
chap. 5.

Mass.
Archives,
ccxxv., 269-272.

RESOLVE DIRECTING THE BOARD OF WAR TO SUPPLY £1,200 WORTH
OF CLOTHES SUITABLE FOR THE INDIANS TO GEN. BAILEY WHO
IS TO DO HIS UTMOST TO KEEP A GOOD FRIENDSHIP BETWEEN
THEM AND THE UNITED STATES AND PREVENT ILL-MINDED
PERSONS IMPOSING ON THEM.

The Committee on the several letters of Gen. Jacob Bailey
[at Newbury, Vt.]/ setting forth the importance of using all proper
measures to keep the Indians in that part of the country attached
to the interest of this and the other United States of America, and
the necessity of there being some cloathing, &c. provided for them,
to supply them with, when they return from hunting and bring
in their furs, skins, &c. and to prevent said Indians from being
imposed upon by ill minded persons purchasing said furs, &c. for
rum or other spirituous liquors, to the great damage of said
Indians, and likewise will oblige them to go to Canada to get
cloathing, and thereby lose their friendship, and oblige them to
be enemies to the United States, as by said letters of Gen. Bailey's
therein set forth appears: Therefore

Resolved, That the Board of War be and hereby are directed to
supply Gen. Jacob Bailey with such necessary cloathing as they
have now on hand, and will be most suitable for said Indians, to
the amount of twelve Hundred Pounds, and that said Gen. Bailey
be accountable to this State for the same, and likewise that he use
his utmost endeavour to cultivate and keep up a good friendship
between said Indians and the United States, and prevent as much
as in him lies, their being imposed upon by ill minded persons as
aforesaid. [Passed December 17.

CHAPTER 643

Legislative
Records of the
Council,
xl., 178.
Ma.ss.
Archives,
ccxxv., 275.
Mass.
Resolves,
Dec. Session,
chap. 10.

Mass.
Archives,
cxliv., 113-136;
ccxxv., 276-279.
Ante, p. 165,
chap. 342;
p. 175, chap.
304.

VOTE FOR APPOINTING DELEGATES TO ATTEND THE CONVENTION
TO BE HELD AT PHILADELPHIA IN JANUARY NEXT TO CONSIDER
THE LIMITING OF PRICES OF PRODUCE AND MERCHANDIZE
AGREEABLE TO THE RECOMMENDATION OF THE HARTFORD CON-
VENTION AND SUSPENDING ALL FURTHER ACTION UNTIL THE
REPORT OF SAME SHALL BE RECEIVED.

The Committee of both houses appointed to consider of the
letter from the President of Congress, dated the 22d of November
last, together with the resolution accompanying the same, have
attended the service, and beg leave to report. That it is expedient
for the General Assembly immediately to appoint some suitable
persons as Delegates, to represent this State at the Convention to
be held at Philadelphia, on the 1st Wednesday of January next,
in order to consider of the expediency of limiting the prices of
articles of produce and merchandize, agreeable to the recommenda-
tion of the Convention, lately held at Hartford, and that all further
proceedings with respect to the limitation of the articles above
mentioned be suspended until the report of the proceedings of the
Convention that may be held at Philadelphia in January next,
shall be received by this Court.

all which is Submitted
^ ., Thomas Gushing per Order,

In Council

Read and Accepted

In the House of Representatives
Read and Concurred. [Passed December 17.

* Massachusetts Archives, ccxxv., 272.

[3d Sess.] Resolves, etc. - 1779-80. 301

CHAPTER 644.

RESOLVE GRANTING £700 TO ANDREW HENSHAW, ONE OF THE
CLERKS OF THE SUPERIOR COURT, FOR HIS TIME AND EX-
PENSES. THE FEES NOT HAVING BEEN SUFFICIENT FOR HIS
EXPENSES.

On the Memorial of Andrew Henshaw, one of the Clerks of ^^sisiative

.. • f ^ 1 ipp • Kecords oi the

the Superior Court, setting lorth that the tees tor some time past Council,
has not been sufficient for his expences, as by said memorial and mms. '
his account of expences more fully appears: tc^v'^lk

Resolved, That there be paid out of the public Treasury of this Mass. '
State to Andrew Henshaw, the sum of Seven Hundred Pounds, Not° Session,
which sum being in full for his time and expences, as set forth in ^^'^p - ^^■

his memorial. [Passed December 17. Mass-

Archives,

ccxxv., 281-284.

CHAPTER 645.

RESOLVE DIRECTING THE COMMITTEE ON PAY ROLLS TO PASS THE
ROLLS OF THE REGIMENT OF NEW LEVIES UNDER COL. NATHAN
TYLER ALTHOUGH THEIR TIME DOES NOT EXPIRE UNTIL JAN-
UARY l.ST.

On the Petition of Nathan Tyler, Esq., commanding a regi- Legislative
ment of New-Levies in the State of Rhode-Island, raised agreeable Records of the
to the resolves of the 8th and 21st of June last, praying that the xi., i79.'
State wages for said regiment may be paid to him, agreeable to the Archives,
rolls made up for said wages, and now in the hands of the Com- ^^^^ ^^^•
mittee on pay-rolls, for reasons assigned in said petition: Resolves,

Resolved, That the prayer of the said petition be granted, and chap. '9!^'^'°"'
that the Committee on pay-rolls be and they hereby are directed ^^^
to pass said rolls provided they are agreeable to said resolves, Archives,
notwithstanding the time said regiment engaged for doth not expire Ante,''x>. 33,
until the 1st day of January next, and that the Honorable Council ^jj^^; 145 "• ''^'
be requested to issue warrants on the Treasurer of this State for
the payment of the rolls aforesaid, said Tyler being accountable
for the same. {Passed December 17.

CHAPTER 646.

RESOLVE DIRECTING THE COMMITTEE TO METHODIZE AND STATE
ACCOUNTS TO CALL UPON THOSE WHO HAVE RECEIVED PUBLIC
MONEYS AND STORES FOR SETTLEMENT.

Resolved, That the Committee appointed to methodize and state Legislative
the public accounts and to call upon all those persons who have councif, °* ^^^
received public monies and stores (and who have not yet accounted |i- iso-
for the same) be and hereby are directed immediately to write to Archives,
each particular person who has received monies and stores as afore- mS^"' ^^^'
said, and call upon them to settle their accounts forthwith, and Resolves,
to require each person to pay his respective ballance in money, chap.'"?.
in those cases where public money was received, and in stores of
the same species, in those cases where public stores were drawn
and no sufficient and satisfactory evidence can be given that they
were applied to and expended in the public service. [Passed De-
cember 17.

302

Resolves, etc. — 1779-80. [Chaps. G47-650.]

Legislative
Records of the
Council,
xl., 178.
Mass.
Archives,
ccxxv.. 289.
Mass.
Resolves,
Dec. Session,
chap. 12,

Mass.
Archives,
ccxxv., 290.

CHAPTER 647.

RESOL\^ PERMITTING FRANCISCO IGNATIO UREZ BARROETTE TO
SELL A.T PUBLIC AUCTION ONE-HALF OF THE CARGO OF THE SHIP
VICTORIA, CONSISTING OF RICE, TOBACCO, PITCH, TURPENTINE,
INDIGO, STAVES AND SPARS.

Ox THE Petition of Francisco Ignatio Urez Barrqette, praying
for liberty to make sale at public auction of one half of [the
cargo of]^ the ship Victory [Victoria] ^r

Resolved, That the prayer of the petition be granted, and that
the said Francisco Ignatio Urez Barroette be and hereby is per-
mitted to sell at public auction one-half of his cargo consisting of
Rice, Tobacco, Pitch, Turpentine, Indigo, Staves and Spars; any
law of this State to the contrary notwithstanding. [Passed Decem-
ber 18}

CHAPTER 648.

Legislative
Records of the
Council,
xl.. 179.
Mass.
Archives,
ccxxv., 29.3.
Mass.
Resolves,
Dec. Session,
chap. 11.

Mass.
.Vrchives,
ccxxv., 294.

RESOLVE PERMITTING MESSIEURS MILLER & TRACY, ASSISTANT
COMMISSARIES OF PURCHASES, TO SELL TALLOW BELONGING TO
THE UNITED STATES AT PUBLIC AUCTION.

Ox THE Petition of Messieurs [Charles]^ Miller and [Jared]^
Tracy [A. C. P.],'' praying for liberty to sell at public auction a
quantity of Tallow, the property of the United States:

Resolved, That the prayer of the petition be granted, and that
the said Miller and Tracy be and they hereby are impowered to
make sale of said Tallow at public auction, any law of this State
to the contrary notwithstanding. [Passed December 18.^

Legislative
Records of the
Council,
xl., 180.
Mass.
Archives,
ccxxv., 296.
Mass.
Resolves,
Dec. Session,
chap. 14.

CHAPTER 649.

RESOLVE ADVANCING £200 EACH TO THOMAS FLEET AND JOHN GILL
TO PROCURE PAPER FOR PRINTING THE RESOLVES OF COURT AND
JOURNALS OF THE HOUSE.

Resolved, That there be advanced and paid out of the public
Treasury to Messieurs Thomas Fleet and John Gill the sum of
Two Hundred Pounds each, to enable them to procure paper
whereon to print the Resolves of Court and Journals of the House;
they to be respectively accountable for the same. [Passed Decem-
ber 18.

CHAPTER 650

I.«gislative
Records of the
Council,
xl., 182.
Mass.
Archives,
ccxxv., 297.
Mass.
Resolves,
Dec. Session,
chap. 13.

RESOLVE PERMITTING STEPHEN CROSS TO SHIP TWO MASTS TO THE
FRENCH WEST INDIES, GIVING BOND FOR THEIR LANDING.

Ox THE Petition of Stephen Cross, praying for leave to ship
two masts he has now by him to the French West Indies:

Resolved, That Stephen Cross have liberty to ship the two masts
mentioned in his petition to the French West-Indies, any law of

1 Massachusetts Archives, ccxxv., 290.

« This date is same in Massachusetts Resolves, but December 17 accordmg to
Legislative Records of the Council.
3 Province Laws, xx., .302, chap. 807.
* Massachusetts Archives, ccxxv., 294.

[3d Sess.] Resolves, etc. - 1779-80. 303

this State to tlie contrary notwithstanding; said Cross giving bond Archives,
to [Nathaniel Barber, Esq.,]^ the Naval-Officer to land them in ccxxv, 298.
some Island in the West-Indies belonging to his Most Christian Law^s.T, ni4,
Majesty. [Passed December 18. ''^^p '^•

CHAPTER 651 .

RESOLVES DESIRING OLIVER PEABODY, ONE OF THE CLERKS OF
THE SUPERIOR COURT, TO HAVE THE OFFICE REPAIRED, TO RE-
CORD ALL UNRECORDED PAPERS, AND ADVANCING HIM £60 TO
PROCURE COAL OR FIRING TO ENABLE THE RECORDING TO BE
DONE.

On a Representation made by the Honorable Justices of the Legislative
Superior Court, and also a memorial of Oliver Peabody, one of counc1f,°^* ^
the clerks of said Court, setting forth, that the office wherein the ^- ^^^
records of said Court is kept, is much out of repair, whereby said Archive.s,
office is not at present fit for said purpose, and also that there is MaS^" '^
almost all the papers since the year 1774 have not been recorded, oer'selsion
which if not done, will much endanger the inhabitants of this chap. 17.

State, as set forth in said memorial: Therefore Mass,

Resolved, That the said Oliver Peabody be desired to procure a ^^vrsoi-sos.
workman to repair said Superior Court's office, and also proceed
to put the papers not recorded on record that are on file, and lay
his account from time to time before the committee on accounts
for allowance. And be it further

Resolved, That there be paid out of the public Treasury of this
State the Sum of sixty Pounds, to procure coal or firing, to enable
the said Oliver Peabody to go on in recording the papers on file
aforesaid. [Passed December 20.

CHAPTER 652.

RESOLVE GRANTING £212 TO RICHARD HOPPING, A SEAMAN,
WOUNDED IN THE LATE EXPEDITION TO PENOBSCOT.

In the House of Representatives Legislative

The Committee appointed to examine the accounts of Richard Coundf.^
Hopping, who was wounded on board the armed ship Vengeance, Mass^^'
in the late expedition to Penobscot, have attended that service. Archives,
and beg leave to report by way of Resolve: MmI'

Resolved, That there be allowed and paid out of the Treasury Dec°Sefsion,
of this State to Richard Hopping, a wounded seaman in the serv- ch^p. I8.

ice of this State in the late expedition to Penobscot, the sum of Mass.
Two Hundred and twelve Pounds, in full, to enable him to pay M^'i^los-soeo.
the charge arising in consequence of his wound.
In Council.
Read and Concurred. [Passed December 20.

1 Province Laws, xx., 5S9, chap. 450.

304

Resolves, etc. — 1779-80. [Chaps. 653-055.]

CHAPTER 653

Legislative
Records of the
Council,
xl., 183.
Mass.
Archives,
ccxxv., 307.
Mass.
Resolves,
Dec. Session,
chap. 16.

Ante, p. 35,
chap. 67;
p. 222, chap.
470.

RESOLVE DIRECTING THE COMMITTEE ON ACCOUNTS TO MAKE
UP A ROLL OF THE SUMS DUE EACH TOWN AND PLANTATION
FOR SUPPLIES FURNISHED FAMILIES OF CONTINENTAL SOL-
DIERS, INCLUDING THE SERVICES OF SELECTMEN AND COM-
MITTEES, AND LODGE A COPY WITH THE TREASURER.

Whereas by the Resolves of this Court of the 8th of June and
8th of October last, it was ordered, that the Selectmen and Com-
mittees of the several towns and plantations in this State should
lay before the Committee on Accounts, their accounts of supplies
for the families of the Continental soldiers, for examination and
allowance : Therefore

Resolved, That the Committee on Accounts be directed to make
up a roll of the sums due to each town and plantation for the
supplies aforesaid, including the services of the Selectmen and
Committees, and lodge a copy thereof with the Treasurer of this
State as soon as may be, that said accounts may be paid agreeable
to the directions in the last tax-bill. [Passed December 20.

CHAPTER 654.

Legislative
Records of the
Council,
xl., 184.
Mass.
Archives,
ccxxv., SOS.
Mass.
Resolves,
Dec. Session,
chap. 2.5.

Mass.
Archives,
ccxxv., 309;
cclxxxv., 59,

RESOLVE DIRECTING THE BOARD OF WAR TO FURNISH JAMES
HASKELL WITH ONE FIREARM AND BAYONET FOR SAME LOST
ON THE RETREAT FROM RHODE ISLAND.

On the Petition of James Haskell, praying for allowance for
his fire-arm and bayonet, which was lost on the retreat from Rhode
Island:

Resolved, That the prayer of the petition be granted, and that
the Board of War be and they are hereby directed to furnish
James Haskell with one fire-arm and bayonet, which shall be in
full for his fire-arm lost on said retreat. [Passed December 21.

CHAPTER 655

Legislative
Records of the
Council,
xl., 184.
Mass.
Archives,
ccxxv., 310.
Mass.
Resolves,
Dec. Session,
chap. 20.

Mass.
Archives,
ccxxv., 313-315.

RESOLVES ALLOWING GEORGE PERKINS, WILLIAM O'BRIAN, ROBERT
EARL, JOHN FOSTER AND THOMAS CRAIGE, BRITISH TROOPS OF
THE CONVENTION, TO RESIDE IN THIS STATE AND REQUESTING
THE COUNCIL TO ALLOW THOSE OF THE GERMAN TROOPS THE
SAME PRIVILEGE.

Upon the Petition of George Perkins, William O' Brian, Robert
Earl, John Foster and Thomas Craige, British troops, of the con-
vention of Saratoga, that they have voluntarily left the corps, to
which they belonged, and are married in this State, and here reside,
they have taken the Oath of Allegiance and Fidelity to the United
States, and have paid their taxes, and done their part for the sup-
port of the war; they pray that they may be allowed to reside in
this State with their families, and not taken up and carried to the
corps from which they deserted, as set forth in their several Peti-
tions : Therefore

Resolved, That the said George Perkins and William O' Brian,
who have produced certificates froni the Selectmen of the town
where they reside, that they appear attached to the government
of this State, and bid fair to l)e useful members of society, have
liberty to reside in this State during the Courts pleasure; that

[3d Skss.] Resolves, etc. — 1779-80. 305

the other petitioners, viz. Rol>ert Earl, John Foster and Thomas
Craige, by producing such a certificate have liberty to reside in
tlie State and towns where they now dwell, till otherwise ordered.

And as divers German troops have been impressed into the serv-
ice of the British king and sent into this country, contrary to their
inclinations and in violation of the rights of humanity, to carry
on this unnatural war against these States, and as every Nation
has a right to weaken the armies of the Power with which it is at
war: It is therefore further

Resolved, That the Major Part of the Council be and they hereby
are requested, upon application to them made by any person or
persons who made a part of the German troops in the pay and
service of the British king, employed in the American war, and
who have left the service of the said king and have resided within
this State for the space of three months, and producing a certificate
from the Selectmen of the town or towns within this State where
they have so resided, that he or they have behaved orderly and
peaceably, and are likely to make good inhabitants, to permit such
German or Germans to reside within this State, until further Order
from the General Court or the Council, and to prohibit them from
being carried out of this State or imprisoned within the same; pro-
vided the said German or Germans shall take the oath of fidelity
and allegiance to this State, before some one Justice of the Peace
within this State, who is hereby authorized and impowered to
administer the same, after the Major Part of the Council have
granted such permit as aforesaid, and not otherwise. [Passed
December 21.

CHAPTER 656.

RESOLVE DIRECTING THE JUDGE OF PROBATE OF SUFFOLK COUNTY
TO DISMISS LEVI JENNINGS, AGENT ON THE ESTATE OF DR. HENRY
CANER, LATE OF BOSTON, ABSENTEE, FOR REFUSAL TO LEASE
OUT SAID ESTATE, AND TO APPOINT SOME SUITABLE PERSON IN
HIS PLACE.

The Committee appointed to consider what is proper to be Legislative
done with the estate of Doct. Henry Canner [Caner],i late of g^°'"j|f "^ ^'^'^
Boston, an Absentee, have attended that service and beg leave to xi, i86.'
report the following Resolve: Archives,

Whereas it appears to this Court that Mr. Levi Jennings, who ^SJ ' ^^^'
was appointed Agent on the estate of Doctor Henry Canner Resolves,
[Caner],^ late of Boston, an Absentee, has disregarded the au- chap.'2T'°"'
thority of this State, in refusing or neglecting to advertise and lease province
out at public auction the real estate of said Absentee, agreeable ^^^^'53^ ■ ^-''•
to a Resolve of the General Court passed the 17th of February
last; and whereas the said Jennings looks upon himself as heir
to the said Absentee's estate, which renders him an improper
person to act as Agent thereon: Therefore

Resolved, That the Judge of Probate for the county of Suffolk
be and he is hereby directed immediately to make out his decree,
directed to the said Levi Jennings, dismissing him the said Jennings
from acting any further as Agent on said estate, and to require
him forthwith to make up with the said Judge his account of his
agency on said estate. And the said Judge is hereby further
directed to appoint some suitable person to be Agent on said
estate, upon his giving bonds, with sufficient sureties, as the law
directs. And the said Jennings is hereby directed, required and
strictly enjoined, immediately upon the appointment of such new

' Winsor, Memorial History of Boston, 1881, ii., 240.

306

Resolves, etc. — 1779-80. [Chaps. G57, 658.]

Agent, to deliver up to him the possession of all the estate of the
said Canner [Caner],^ both real and personal, which hath come to
his the said Jenning's hands, and also to deliver up to the said
new Agent all accounts and papers relative to said estate, which
said Jennings has in his possession.

In the House of Representatives
Read and Accepted

In Council
Read and Concurred. [Passed December 21.

CHAPTER 657.

RESOLVE DIRECTING COL. ROSSITER, OF THE 3rd REGIMENT IN
BERKSHIRE COUNTY, TO APPOINT A SECOND LIEUTENANT IN
CAPT. AMBROSE HILL'S COMPANY, ALTHOUGH ROBERT KASSON
HAS BEEN REPEATEDLY CHOSEN BY SAID COMPANY.

Legislative
Records of the
Council,
xl., 186.
Mass.
Archives,
ccxxv., 323.
Mass.
Resolves,
Dec. Session,
chap 23.

Mass.
Archives,
ccxxv., 325.

The Committee of both Houses appointed to consider Col.
Rossiter's letter have attended the service assigned them, and beg
leave to report the following Resolve:

Artemas Ward per Order

Whereas it appears to this Court that the military company
under the command of Ambrose Hill, in Col. David Rossiter's regi-
ment, in the county of Berkshire, have conducted in a very un-
justifiable manner, in repeatedly choosing Robert Kasson Second
Lieutenant in said company, after the Council of this State had
refused to commissionate him to that office, on account of his being
charged of corrupt practices: Therefore

Resolved, That David Rossiter, E^sq., Colonel of the 3rd Regi-
ment of Militia in the County of Berkshire, be and he hereby is
directed to appoint some suitable person as a Second Lieutenant
in the company whereof Ambrose Hill is Captain, and recommend
him to the Major Part of the Council to be commissioned, and they
hereby are impowered and requested to commission him accord-
ingly; any law, usage or custom to the contrary notwithstanding.

In Council Read and Accepted

In the House of Representatives

Read and Concurred. [Passed December 22?-

CHAPTER 658.

Legislative
Records of the
Council,
xl., 187.
Mass.
Archives,
ccxxv., 322.
Mass.
Resolves,
Dec. Session,
chap. 26.

Mass.
Archives,
ccxxv., 321.
Province
Laws, v., 1114,
chap. 13.

RESOLVE PERMITTING ISAAC SEARS AND PASCHAL N. SMITH TO
TRANSPORT TWELVE PIECES OF RUSSIA DUCK TO CONNECTI-
CUT.

On the Petition of Isaac Sears and Paschal N. Smith, praying
they may be permitted to transport by land, twelve pieces of
Russia-Duck out of this State into Connecticut:

Resolved, That the prayer of said petition be granted, and the
said Isaac Sears and Paschal N. Smith be and they hereby are
permitted to transport out of this State, into Connecticut, twelve
pieces of Russia-Duck, for the purposes set forth in their petition,
the late prohibitory act to the contrary notwithstanding. [Passed
December 22.^

» Winsor, Memorial History of Boston, 1881, ii., 240.

2 This date is same in Massachusetts Resolves, but is December 21 accordmg to
Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 307

CHAPTER 659.

\'OTE INSTRUCTING ELBRIDGE GERRY AND SAMUEL OSGOOD, ES-
QUIRES, COMMISSIONERS TO THE CONVENTION AT PHILADELPHIA
IN JANUARY NEXT TO CONSIDER THE LIMITING OF PRICES OF
PRODUCE AND MERCHANDIZE.

To the Hon. Elbridge Gerry, Esq., and Samuel Osgood, Esq. Legislative

y-, „ Records of the

Gentlemen, Council,

The General Assembly having appointed you Commissioners to Mass^^'
represent this State at the Convention to be held at Philadelphia, Archives,
on the 1st Wednesday of January next; you are hereby authorized Ma'^"
and impowered to meet at the time and place before mentioned Dlc°'session
such Commissioners as may be appointed by other United States, chap 22.
and to confer and consult with them upon the expediency of lim- Mass.
iting the prices of articles of produce and merchandize. raiiv.^iKV

In your deliberations upon this important subject, you will duly R^^'^pH^'^f th
consider on the one side the advantages that it has been suggested Council,
will accrue from such a measure among others, that it will tend to ^Antl^^p. 300,
give stability to our currency, prevent that inequality and injustice ''^^p- '^'^^■
in private dealings, as well as in furnishing the public supplies
from the several States, which have arisen from the fluctating
state of prices, and that it will render it practicable for Congress
and the several States to make the proper estimates for their
future expences, and to fix adequate salaries upon those who are
in the public service; these are important objects, and ought to
be attended to. On the other side, you will duly advert to the
many objections that have been made to such a plan, and the
many difficulties that will attend the execution of it; for in case
such a measure should be attempted and fail in the execution,
you must be sensible it will be attended with many pernicious
consequences, it will greatly weaken the bonds of government, as
well as throw us into the greatest embarrassment, and will have a
fatal tendency further to depreciate our currency. Among many
other objections and difficulties that might be mentioned, and
which will naturally occur to your minds in the discussion of this
subject, it may be well to consider whether it has not been found
that a limitation of prices, instead of appreciating or giving sta-
bility to our money has not rendered it in a manner useless, has
not shut up our granaries, discouraged husbandry and commerce,
and starved our Sea-Ports, in short, whether it has not created
such a stagnation of business and such a witholding of articles as
has obliged the people to give up the measure or submit to starv-
ing: Whether from these repeated trials and failures, that con-
fidence, (which is so absolutely necessary in case of a limitation)
is not so far lost between the States and the members of each
State that this alone must prevent the execution of such a meas-
ure, as each person will be waiting to see his neighbours com-
pliance, in the mean time witholding every supply from his friend
and his country; whether it has not thrown the honest and con-
scientious part of the community into the hands of Sharpers,
Monopolizers and Extortioners, and while it has operated as a
restraint upon the former to their great loss and damage, it has
not afforded an opportunity to the latter, whose only principle
is that of Gain, by their cunning and deceit to aggrandize and
enrich themselves, to the no small detriment of their Country:
\ ou will also consider whether it is possible to carry an act for this
purpose into execution in the method prescribed by Congress,
when upon trial, it will be found, that by the method they propose
the prices of labour and produce will be reduced more than two

308

Resolves, etc. — 1779-80. [Chaps. 660, 661.]

thirds, while the articles of foreign produce will be reduced but a
trifle, if any thing at all; can it be supposed the people in gen-
eral will submit to it? For however reasonable it may appear to
men of candour and discernment, and those who will thoroughly
examine into the causes of it, yet the bulk of the people will appre-
hend they are imposed upon, and it will be extreamly difficult, if
possible, to convince them to the contrary: You will further con-
sider whether if such a limitation should take place, and could be
effectually carried into execution, it would not be the means of
disappointing Congress of such supplies of money as they depend
upon from the late recommendations for taxation, and thereby
oblige them to that measure which they are so very solicitous to
avoid, viz. The making further emissions to defray the public ex-
pences; for is it to be supposed that the people in general would
submit to such a large reduction of the prices of their produce,
and at the same time submit to such large taxes as the requisi-
tions from Congress now demand? We trust you will give these
objections, as well as every thing else that may be offered pro and
con upon this interesting matter in convention, their due weight,
and after all, we leave it with you to act according to your best
judgment and discretion, and in case you should, after mature and
thorough consideration judge the measure to be expedient and
practicable, and find that it is highly probable it will be adopted
by all the rest of the United States, you will then proceed upon
the business and make report of your proceedings to this Court,
that they may take such order thereupon, as they shall then judge
will best promote the public weal. [Passed December 22.^

CHAPTER 660

Legislative
Records of the
Council,
xl, 189.
Mass.
Archives,
ccxxv., 327.
Mass.
Resolves,
Dec. Session,
chap. 24.

Supra,
chap. 659.

RESOLVE ADVANCING £2,000 TO SAMUEL OSGOOD, ESQ., COMMIS-
SIONER TO THE CONVENTION AT PHILADELPHIA.

Resolved, That there be allowed and paid out of the public
Treasury to Samuel Osgood, Esq., (who is chosen a Commissioner
to repair to Philadelphia, to meet Commissioners from the other
States) the sum of Two Thousand Pounds; he to be accountable
for the expenditure of the same; and that he keep an exact ac-
count of his time and expences, and lay the same before this
Court for allowance and payment. [Passed December 22.

CHAPTER 661.

Legislative
Records of the
Council,
xl., 190.
Mass.
Archives,
ccxxv., 328.
Mass.
Resolves,
Dec. Session,
chap. 27.

Mass.
Archives,
ccxxv., 329.
Province
Laws, v., 1114,
chap. 13.

RESOLVE PERMITTING AARON LOPEZ TO TRANSPORT SUNDRY MER-
CHANDISE FOR THE USE OF THE CONTINENTAL ARMY OUT OF
THIS STATE.

On the Petition of Aaron Lopez, praying he may be per-
mitted to transport out of this State sundry merchandize he has
purchased in the Town of Boston, by order of John Wiley, Esq.,
for the use of the Continental army:

Resolved, That the said Aaron Lopez be and hereby is permitted
to transport out of this State the merchandize aforesaid, the em-
bargo notwithstanding. [Passed December 22.

* This date is same in Massachusetts Resolves, but is December 21 according to
Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 309

CHAPTER 662.

RESOLVE GRANTING £100 PER YEAR TO JOHN BROCK TO SUPPORT Legislative
HIM IN HIS ADVANCED AGE. Coundf

xl., 190."

On the Petition of John Phillips, in behalf of John Brock, Archives,
praying for a further allowance for the support of said Brock, in ^J"''^- ^^O-
his advanced age: Resoives.

Resolved, That there be allowed and paid out of the public £ap.^28.*'°"'
Treasury of this State One Hundred Pounds per annum to the ^^^^^

said John Brock, in order to support him in his advanced age. Archives,
Said pay to commence the 20th day of December 1778, and to provmce
continue till the further order of the General Court. [Passed ^42^cha''"62'
December 22.

CHAPTER 663.

RESOLVE PERMITTING MARY GRACIE TO RETURN TO NEW YORK Legislative
BY WAY OF KINGS BRIDGE WITH PERMISSION OF THE COMMAND- Records of the
ING OFFICER OF THE CONTINENTAL FORCES IN THAT DEPART- xi°T«)
MENT. uks.

Archives,
. . ccxxv., 332.

On the Petition of Daniel Jones, in behalf of his daughter Mass
Mary Grace [Gracie],^ praying that she may have liberty to return Dec° Session,
to New-York by the lines at Kings-Bridge: "^^p- ^"-

Resolved, That the said Mary Grace [Gracie]^ have liberty to ^f'Y^[
return to New-York by the lines at Kings-Bridge; provided she ccxxv., 333.
obtains permission from the commanding Officer of the Continen- 4ap! 637^^^'
tal forces in that department, and that she shall not return to this
State again without leave first obtained from the General Court.
[Passed December 22.

CHAPTER 664.

RESOLVES DISCHARGING THE COMMITTEE TO CONCUR AND PAY
ACCOUNTS OF £50,000 AND CREDITING THEM WITH £1,152. 19s. Id. If.
DUE THEM, INCLUDING A BALANCE OF £343. 6s. Od. If.

Resolved, That the Committee of Council, chosen to receive. Legislative
examine and pay accounts, agreeable to a Resolve of the General coundf °^ ^^^
Court of the 28th of May, 1779, viz. Jabez Fisher, Benjamin "i., i90.'
White, and Daniel Davis, Esquires, be and they hereby are dis- Archives,
charged of the sum of Fifty Thousand Pounds, which they have mSJ' ^^^'
received by warrants on the treasury, from September 8th to Resolves,
November 1.5th last inclusive. And it is further chip. 2^'°"'

Resolved, That said Committee be and they hereby are credited Mass.
for the sum of Eleven Hundred and fifty-two Pounds, nineteen Archives
Shillings and one Penny farthing, which is due to them, including Ante,"p. 9,'
a ballance of Three Hundred forty-three Pounds six Shillings and "^^^p- ^■
one Farthing, as will appear by the report of the Committee for
stating accounts. [Passed December 22.

^ Massachusetts Archives, ccxxv., 333.

310

Resolves, etc. — 1779-80. [Chaps. 665-667.]

Legislative
Records of the
Council,
xl., 191.
Mass.
Archives,
ccxxv., 336.
Mass.
Resolves,
Dec. Session,
chap. 31.

Mass.
Archives,
ccxxv., 337.

Legislative
Records of the
Council,
xl., 183.
Mass.
Archives,
ccxxv., 341.
Mass.
Resolves,
Dec. Session,
chap. 19.

Mass.
Archives,
ccxxv., 339.
Province
Laws, v., 583,
chap. 14.

CHAPTER 665.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TO WILLIAM
HARRIS AND JOHN DALL, CLERKS TO THE COUNCIL, SHOES,
STOCKINGS AND LINEN AT THE USUAL PRICES.

On the Petition of William Harris and John Dall, praying that
they may be allowed several articles of cloathing out of the State
store:

Resolved, That the Board of War be and they hereby are di-
rected to deliver to said Harris and Dall (Clerks to the Honorable
Council) one pair of shoes, two pair of stockings, and half a piece
of linen each, they paying the regulated price for said articles.
[Passed December 22.

CHAPTER 666.

RESOLVE DIRECTING THE ATTORNEY-GENERAL TO NOL PROS THE
CHARGE AGAINST AARON LOPEZ OF LEICESTER, MERCHANT, FOR
VENDING £12,000 WORTH OF GOODS IN BOSTON IN VIOLATION OF
"AN ACT AGAINST MONOPOLY AND OPPRESSION."

On the Petition of Aaron Lopez, of Leicester, in the county of
Worcester, merchant, setting forth, that he was apprehended as a
transgressor of an act, intituled "An act against monopoly and
oppression," for vending in the town of Boston goods to the
amount of Twelve Thousand Pounds, which he had before pur-
chased there, that not being the place of his residence, and farther
setting forth his entire ignorance of the aforesaid act, and the
peculiar hardship of his case in being subject to the penalties of the
aforesaid act, as is fully set forth in said petition:

Resolved, That the prayer of said petition be granted, and that
the said Lopez be discharged from being further prosecuted, by
reason of the abovementioned breach of the aforesaid act, and that
[Robert Treat Paine, Esq.,]^ the Attorney-General be directed to
enter his noli prosequi accordingly; the said Aaron Lopez paying
the prosecutor the costs and charges of prosecution. [Passed
December 23.^

CHAPTER 667.

Legislative
Records of the
Council,
xl., 193.
Mass.
Resolves,
Dec. Session,
chap. 36.

Mass.
Archives,
cxlvi., 481;
ccxxv., 343-346.

RESOLVE DIRECTING THE BOARD OF WAR TO REPLACE ONE ELE-
GANT SILVER MOUNTED HANGER, THREE RUFFLED SHIRTS, ETC.,
LOST BY LIEUT. EDWARD PHELON IN THE BATTLE AT RHODE
ISLAND IN 1778.

On the Petition of Edward Phelon [Lieutenant in Col. Henry
Jackson's Corps, Massachusetts Line],^ praying that the loss he
met with in the battle at the State of Rhode-Island, in the year
1778, may be made up to him as mentioned in the petition:

And whereas it is represented that the petitioner Edward Phelon
is an officer of singular merit, as well as a great sufferer in the
military service:

Resolved, That the Board of War be and hereby are directed to
replace the several articles hereafter mentioned to the petitioner,

1 Province Laws, xx., 587, chap. 445.

2 This date is December 20 according to LegislatiA'e Records of the Council and
Massachusetts Resolves.

' Massachusetts Archives, ccxxv., 346.

[3d Sess.] Resolves, etc. — 1779-80. 311

viz. One elegant silver mounted Hanger, three ruffled Shirts, one
pair of Shoes, one pair white cotton Stockings, one lambskin great
Coat, one buff' Jacket, and one pair of Breeches of the same sort,
and two cambrick Stocks, in full of his loss. [Passed December 23.

CHAPTER 668.

RESOLVE DIRECTING THE COMMANDING OFFICER OF THE CASTLE
TO PURCHASE OR TAKE A CARGO OF WOOD, CASTLE AND GOV-
ERNOR'S ISLAND BEING DESTITUTE OF SAME.

It being eepresented to this Court that the garrison of Castle Legislative
and Governor's Island are destitute of wood: Therefore Councif,"^ *''°

Resolved, That the Commanding Officer of said Island be and he |J- i^*-
hereby is impowered and directed to purchase, on the best terms Archives,
he can, any cargo of wood that may be for sale in the harbour of mSJ. ' ^^^'
Boston; and in case there is no such cargo for sale, the said Officer Resolves,
is impowered and directed to stop and take the first cargo which chap. 33.'
may be passing said Island, which is not before absolutely sold,
and give his receipt for the quantity and price of the wood he may
receive; and the Honorable Council are hereby requested to grant
their warrant on the Treasurer for the payment of the same.
[Passed December 23.

CHAPTER 669.

RESOLVE CONTINUING DAVID JEFFRIES AND JOHN SCOLLAY, ES- Legislative
QUIRES, TO COUNTERSIGN THE REMAINDER OF THE GOVERN- Records of the
MENT SECURITIES, JOHN MASCARENE, ESQ., HAVING DIED. ^1°™^''

Mass.

Whereas, by the death of John Mascarene, Esq., who was ap- ^xxv^^lso.
pointed with David Jeffries and John Scollay, Esquires, a Com- ^l\
mittee to countersign Government Securities, the Treasurer is Dec. Session,
prevented from issuing said Securities: Therefore c &x>.z .

Resolved, That David Jeffries and John Scollay, Esquires, con- f^^^^' \^''''
tinue to countersign the remainder of said securities, which shall be Province
authentic, the act providing three for that purpose notwithstand- chap!' 46.
ing. [Passed December 23.

CHAPTER 670.

RESOLVE APPOINTING A RECESS COMMITTEE TO CONSIDER THE
DISPUTE BETWEEN THE TOWNS OF WILMINGTON, CHELMSFORD,
DRACUT AND TEWKSBURY AS TO QUOTA FOR CONTINENTAL ARMY
AND REPEALING THE RESOLVE OF NOVEMBER 16th RELATING
TO IT.

In the House of Representatives Legislative

On the petition of Ezra Kendall and Jonathan Brown, Agents c^ncif,"^ *''*'
for the Town of Tewksbury, praying this Court to relieve the ^j^i^s.'
Town, respecting four men, which they had provided for their Ard!ives,
quota of the Continental army; which men are challenged and mSJ ' ^^^'
returned for the Towns of Wilmington, Chelmsford and Dracut, Resolves, ^^
and said Town of Tewksbury was not notified to appear before the chTp. 3?."'°"'
Committee appointed by the General Court for the purpose of m^^^;
settling disputes between the several Towns; in consequence of ^cx-xvI'di 354
which they could not make it appear that the aforesaid four men

312

Resolves, etc. — 1779-80. [Chaps. 671, 672.]

did of right belong and ought to be set to the credit of the Town
of Tewksbury: Therefore

Resolved, That a Committee of this House be appointed to sit
in the recess of this Court, and are impowered to enquire into and
settle this affair, and that said Committee notify the several Towns
of Wilmington, Chelmsford, Dracut and Tewksbury, to meet at
the house of Oliver Barron, of Chelmsford, on the 11th day of
January next; that the expence of settling said affair be borne by
the four Towns aforesaid, and that said Committee report their
doings to this Court the next session.

The Committee appointed, agreeable to the foregoing Report,
were William Stickney, Esq., James Prescot, Esq., and Col. Josiah
Whitney. And that the Resolve relating to the affair aforesaid,
passed the 16th of November last, is hereby repealed.^
In Council

Read and Concurred. [Passed December 23.

Legislative
Records of the
Council,
xl.. 195.
Mass.
Archives,
ccxxv., 356.
Mass.
Resolves,
Dec. Session,
chap. 32.

Mass.
Archives,
ccxxv., 357.
AnU, p. 142,
chap. 288.

CHAPTER 671.

RESOLVE DIRECTING CAPTAINS DANIEL SULLIVAN AND JOHN HALL
TO MAKE UP THEIR ROLLS FOR THE PENOBSCOT EXPEDITION.

On the Petition of Col. Alexander Campbell, shewing, that a
number of the militia of the Eastern Part of this State, between
Penobscot and Machias, were in actual service on the expedition
against the enemy in possession of Bagaduce, by order and under
the command of Gen. [Solomon] - Lovell, and praying that the
officers of said militia may be ordered to make up their rolls for
two months service, for the reasons mentioned in said petition:

Resolved, That Capt. Daniel Sullivan be and he hereby is directed
to make up his roll for two calendar months, and Capt. John Hall
for one calendar month, agreeable to a Resolve of this court of
September 17th, 1779, for paying the several detachments from the
militia and those ordered by the Honorable Council for the ex-
pedition at Penobscot. [Passed December 23.

CHAPTER 672

Legislative
Records of the
Council,
xl., 192.
Mass.
Archives,
ccxxv., 365.
Mass.
Resolves,
Dec. Session,
chap. 35.

Mass.
Archives,
ccxxv., 366-369.

RESOLVE ALLOWING JONATHAN FULLER THE IMPROVEMENT OF
THE ESTATE OF DAVID PHIPS, ESQ., ABSENTEE, FOR ONE YEAR
PAYING £93 RENT, TAXES, AND NECESSARY CHARGES.

The Committee of both Houses, to whom was referred the
Consideration of the Petition of Jonathan Fuller and others, take
leave to report the following Resolve

Abraham Fuller per Order

Whereas it appears to this Court that John Carlton, the person
named in the petition aforesaid, hath not complied with the resolve
of this Court, for leasing out absentees estates, which appears by
the deposition of the Agent on the estate of David Phips, Esq.,
and that he the said John is not a legal lessee of the estate afore-
said : Therefore

Resolved, That the petition of the aforesaid Jonathan Fuller and
others, be so far granted that the said Jonathan shall have the
improvement of the estate aforesaid, during the term of one year,

1 Mas.siiehusetts Archives, ccxxv., 354.

» Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 1010.

[3d Sess.] Resoives, etc.— 1779-80. 313

ending the 1st day of April 1780, he the said Jonathan paying to
the said Agent the necessary charges that have arisen by the
\endue for leasing out the same, and also the sum of ninety-three
Pounds, on or before the expiration of said term, also all taxes
imposed on said premises during the term aforesaid.
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed December 2J^>

CHAPTER 673.

RESOLVES APPROPRIATING $500,000 ADDITIONAL FOR RE-ENLIST-
ING AND $300,000 FOR ENLISTING SOLDIERS INTO THE CONTI-
NENTAL ARMY.

Resolved, That the sum of Five Hundred Thousand Dollars be Legislative
and is hereby appropriated for the purpose of re-inlisting Soldiers coundf,"^ ^^'^
into the Continental army, which, together with the sum already xi.. 193.'
appropriated for that purpose (and not yet sent forward) [Henry Archives,
Gardner, Esq.,]^ the Treasurer is hereby directed immediately to MasJ'^'*^'
send to the army and deliver to such officers as the Honorable Resolves,
Council shall order, taking proper receipts for the same. chap. sT* ° '

And whereas it has been represented to this Court that it is Ante, p. 237,
highly probable that a considerable number of Soldiers may, '^'^^p- *97.
during this winter, be inlisted into the Continental Army, who are
resident in this State: Therefore

Resolved, That the sum of Three Hundred Thousand Dollars be
and is hereby appropriated for said purpose; which sum the
Treasurer is hereby directed to deliver to such recruiting officers,
and in such proportions as the Honorable Council shall order.
Said officers being accountable for the expenditure of the same.
[Passed December 24.^

CHAPTER 674.

RESOLVE ORDERING THE THREE COMPANIES OF ARTILLERY, LATE
UNDER COMMAND OF LIEUT. COL. REVERE, NOW AT CASTLE
ISLAND AND OTHER POSTS IN THE HARBOR, TO DO DUTY AS
GUARDS IN AND ABOUT THE TOWN OF BOSTON UNDER JOHN
RICE, CONTINENTAL COMMANDING OFFICER.

The Committee of both Houses on the petition of John Rice, Legislative
Commandant, representing that the time of the guards detached Records of the
to do duty in and about the Town of Boston is near expiring, have xi., 197.'
attended that service, and beg leave to report the following Re- Archives.
solve: viz. ccxxv., 359.

Resolved, That the three companies of artillery, late under the Resolves,
command of Lieut. Col. Paul Revere, now at Castle-Island and ^^p.^/r'""'
other posts in the harbour of the town of Boston, excepting Capt. j^[^^^
Lieut. [Thomas]'' Newcomb and the men under his command at -Archives
Hull, be and hereby are immediately ordered to the Town of

' This date is December 23 according to Legislative Records of the Council and
Massachusetts Resolves.

2 Province Laws, xx., 583, chap. 439.

3 This date is same in Massachusetts Resolves, but December 23 according to
Legislative Records of the Council.

^ Massachusetts Soldiers and Sailors of the Revolutionary War, xi., 340.

314

Resol\'es, etc. — 1779-80. [Chaps. 675, 676.)

Boston, to do duty as guards in and about the Town of Boston,
under the command of John Rice, Continental Commanding Officer
in this department, during the pleasure of this Court.
In Council
Read and Accepted

In the House of Representatives
Read and Concurred. [Passed December 21^.

CHAPTER 675

RESOLVES DISCHARGING THE COMMITTEE TO SELL ESTATES OF AB-
SENTEES IN MIDDLESEX COUNTY OF £132,410 AND GRANTING
THEM A BALANCE DUE OF £537. lis. Id.

Legislative
Records of the
Council,
xl., 197.
Mass.
Archives,
ccxxv., 375.
Mass.
Resolves.
Dec. Session,
chap. 40.

Mass.
Archives,
ccxxv., 376-
Z1W2- Ante,
p. 152, chap.
312.

In the House of Representatives

The Committee appointed to make sale of the Estates of Thomas
Oliver and others, in the County of Middlesex, agreeable to an
order of the General Court, having exhibited their accounts, by
which it appears that they have received for the sale of the estates
aforesaid the sum of One Hundred thirty-two Thousand four
Hundred and ten Pounds, which sum said Committee have fully
accounted for to this Court: Therefore

Resolved, That James Prescott, Samuel Thatcher and Joseph
Hosmer, Esquires, the Committee before mentioned, be and hereby
are discharged from said sum of One Hundred thirty-two Thousand
four Hundred and ten Pounds, being the amount of the several
estates which they have sold.

And whereas it appears that there is a ballance of Five Hundred
thirty-seven Pounds eleven Shillings and one Penny due to the
Committee aforesaid, it is further

Resolved, That [Henry Gardner, Esq.,]^ the Treasurer of this
State be and is hereby directed to pay to James Prescott, Samuel
Thatcher and Joseph Hosmer, Esquires, the Committee before men-
tioned, the sum of Five Hundred thirty-seven Pounds eleven
Shillings and one Penny, being a ballance due to said Committee.
In Council

Read and Concurred. [Passed December 21^.

CHAPTER 676.

T^cgislative
Records of the
Council,
xl., 199.
Mass.
Archives,
ccxxv., 371.
Mass.
Resolves,
Dec. Session,
chap. 38.

Mass.
Archives,
ccxxv., 372-374.

RESOLVE PERMITTING JOHN McKOY, HUGH CAMERON, AND DOUGAL
McPHERSON, PRISONERS BROUGHT INTO THIS STATE IN 1776, TO
RESIDE IN THIS STATE ON TAKING THE OATH OF ALLEGIANCE
BEFORE ANY JUSTICE OF THE PEACE IN MIDDLESEX COUNTY.

On the Petition of John McKoy, Hugh Cameron and Dougal
McPherson, prisoners brought into this State in the year 1776.

Resolved, That the prayer of said petition be granted, and that
the said John McKoy, Hugh Cameron and Dougal McPherson be
permitted to reside in this State, they taking the oath of allegiance
to the State, required by an act for prescribing and establishing an
oath of fidelity and allegiance; and any Justice of the Peace for
the County of Middlesex, wherein the said petitioners now reside,
is hereby impowered to administer the same. [Passed Decem-
ber 24.^

1 Province Laws, xx., 583, chap. 439.

2 This date is same in Massachusetts Resolves, but December 25 according to
Legislative Records of the Council.

[3d Sess.] Resolves, etc. — 1779-80. 315

CHAPTER 677.

RESOLVE DIRECTING THE COMMITTEE FOR FORTIFICATIONS TO
REPLACE THE BEACON ON THE SPIT OF SAND AT THE ENTRANCE
OF BOSTON HARBOR AND HAVE THE PILOT BOAT BELONGING TO
THIS STATE REPAIRED.

On a representation made to this Court, that the Beacon, Legislative
which was erected on the Spit of Sand at the entrance of Boston c^ndf, °^ '^''''
Harbour is entirely destroyed, whereby the lives of our seafaring ^[••,^^^-
brethren are greatly endangered: Therefore Archives,

Resohcd, That the Committee for fortifications be and they mS^' ^'""''
hereby are directed as soon as possible to have a Beacon erected on Resolves,
said Spit of Sand, to answer the purposes for which the former one chap.'47.
was erected, said Committee are also directed to have the pilot- province
boat belonging to this State repaired, and lay their accounts of the ^h^^^'sis ' ^^^'
cost of said articles before the Committee of Accounts for allow-
ance and payment. [Passed December 25.

CHAPTER 678.

RESOLVES FOR RAISING GUARDS FOR THE SEVERAL POSTS ON THE
SEACOAST AND MAKING AN ESTABLISHMENT FOR THEM.

Whereas the Time for which the guards stationed at the several Legislative
posts on the sea-coasts in this State expires the 1st day of Januarv Councif,°
next: Therefore ' f^^^-

Resolved, That there be raised in the Province of Main, and sta- Archives,
tioned at Falmouth and Cape-Elizabeth, two Serjeants and twenty- Mass. '

two matrOSSeS. Resolves,

• 1 • 1 /-^ Uec. session.

Resolved, That there be raised m the County of Essex and sta- chap. 43.

tioned at the fort on Plumb-Island, one serjeant and six matrosses; Province
and that there be raised and stationed at Glocester, one serjeant diap.'4'io.' ''^'''
and twelve matrosses; at Beverly, one serjeant and six matrosses;
at Salem, one serjeant and six matrosses, and at Marblehead, one
serjeant and six matrosses. Also

Resolved, That there be raised in the County of Bristol, and
stationed at Dartmouth, one serjeant and six matrosses; and that
there be raised and stationed at the Gurnet, in the County of
Plymouth, one serjeant and twelve matrosses. And it is further

Resolved, That there be allowed and paid to each serjeant and
private soldier as aforesaid, for wages, every callendar month dur-
ing their continuance in said service, the following sums respec-
tively, viz. to each serjeant, the sum of thirty pounds per month;
to each matross, the sum of twenty seven pounds per month. And
it is further

Resolved, That the wages of the men who shall be raised and
stationed in the several sea-ports, agreeable to this Resolve, com-
mence three days before their marching from their respective homes
for the posts to which they shall be stationed, and shall continue
in said service until the 1st day of January 1781, unless sooner dis-
charged. And it is further

Resolved, That the Colonel or commanding-officer of the regiment
of militia in which any part of the aforesaid men shall be stationed,
agreeable to this Resolve, are hereby impowered and directed to
muster the men to be stationed within their regiments respectively,
and to approve of none but such as are of able body, and who are
provided with a good and effective fire-arm, bayonet, cartridge-box

316

Resolves, etc. — 1779-80. [Chaps. 679, 680.]

and canteen, or wooden bottle; and that they give general direc-
tions to the officer who immediately commands such party, and
see that the men are kept to their duty, and make quarterly re-
turns to the Council of their State and number. And it is further

Resolved, That the Colonels or commanding-officers of the above-
said regiments shall appoint the abovesaid Serjeants respectively in
their regiments. And be it further

Resolved, That the Council be and are hereby requested to ap-
point suitable persons to provide for and supply the aforesaid men,
at the several stations, with such provision and money to each of
them for their rations as hereafter mentioned, viz. one pound of
wheat bread or one pound and a quarter of other bread, one pound
of pork or one pound and a quarter of beef, also six Shillings per
week to purchase sauce, milk, butter, soap and vinegar. [Passed
December 25.

CHAPTER 679.

Legislative
Records of the
Council,
xl., 201.
Mass.
Archives,
ccTosx., 392.
Mass.
Resolves,
Dec. Session,
chap. 44.

Mass.
Archives,
ccKxv., 393-398.
Province
Laws, XX., 412,
chap. 1069; 538,
chap. 304.

IlESOL\^ DIRECTING THE BOARD OF WAR TO DELIVER TO THE
OFFICERS OF THE ARTILLERY REGIMENT LATELY COMMANDED
BY COL. CRAFTS THE CLOTHING, OR ITS EQUIVALENT, THAT RE-
MAINS DUE ACCORDING TO RESOLVES OF APRIL 30 AND OCTOBER

16, 1778.

On the Petition of sundry officers of the regiment of artillery
lately commanded by Col. Crafts, praying that the Board of War
may be directed to deliver them such articles of cloathing as appear
due to them, which they have or may have on hand, or the amount
thereof in any articles they may have, adequate thereto, referring
to the Resolves of April 30th and October 16th 1778:

Resolved, That the Board of War be and they are hereby di-
rected to deliver to each officer in the late regiment commanded by
Col. Thomas Crafts the quantity of cloathing that remains due,
agreeable to the above-mentioned Resolves, as soon as may be,
after fulfilling their prior engagements; and in case they have no
cloathing on hand, suitable for said purpose, said Board are di-
rected to pay said officers to the amount thereof in any other
articles they may have on hand. [Passed December 25.

CHAPTER 680.

RESOLVE PERMITTING SAML^EL GRIDLEY TO TAKE THE OATH OF
ALLEGIANCE, ETC., TO THE UNITED STATES, AND ALLOWING HIM
AND THOSE EMPLOYED BY HIM TO FISH UNMOLESTED AT OR
WITHIN SEVEN LEAGUES OF THE MAGDALEN ISLANDS IN THE
GULF OF ST. LAWRENCE CONDITIONAL ON HIS GIVING A BOND
OF £5,000 THAT HE WILL HAVE NO CORRESPONDENCE WITH THE
ENEMY AND WILL SEND ALL HIS FISH TO THE UNITED STATES.

I^eijislative
Records of the
Council,
xl,. 202.
Mass.
Archives,
ccxxv., 400.
Mass.
Resolves,
Dec. Session,
chap. 46.

Mass.
Archives,
ccxxv., 401.

The Committee of both Houses that were appointed on the
petition of Samuel Gridley have attended that service, and beg
leave to report the following Resolve: viz.

Resolved, That the prayer of the petition be granted, and that
Samuel Gridley be and he is hereby permitted to take the oath of
allegiance and fidelity to the United States of America; and all
commanders of armed vessels belonging to this State are hereby
strictly forbid from molesting or disturbing said Gridley, or any
of the inhabitants of the islands of Magdalen, in the gulf of St.
Lawrence, in his immediate employ, or any of their fishing vessels,
within seven leagues of said islands: Provided he the said Samuel

[3d Sess.] Resolves, etc. - 1779-80. 317

Gridley shall first give bond to [Henry Gardner, Esq.,]^ the Treas-
urer of this State in the sum of Five Thousand Pounds, with
good and sufficient sureties, conditioned that he will not directly
or indirectly, by himself or any under him, hold any correspond-
ence with the enemies of the United States, and that he will send
or cause to be sent all the fish that they may take to market, into
this or some other of the United States, for the disposal thereof:
And all commanders of armed vessels belonging to this State are
commanded, and any belonging to the United States are requested
not to molest or impede him the said Samuel Gridley from passing
and repassing as aforesaid with his effects to this or any of the
United States.

In Council

Read and Accepted

In the House of Representatives

Read and Concurred. [Passed December 25.

CHAPTER 681 .

RESOLVE GRANTING £500 TO JOHN AVERY, DEPUTY SECRETARY Legislative
IN ADDITION TO THE £300 HE HAS ALREADY RECEIVED IN PART Records of the
FOR HIS SERVICES FOR THE YEAR 1779. xi°"202

Mass.

Resolved, That there be allowed and paid out of the Treasury of ccxxv., 399.
this State to John Avery, in addition to Three Hundred Pounds Resolves,
he has already received, the sum of Five Hundred Pounds, to be Dec. Session,

in part for his services as Deputy-Secretary, from the 1st day of '^^

January 1779 to the 1st day of January 1780. [Passed Decem-
ber 25.

CHAPTER 682.

RESOLVE GRANTING £100 TO JOSEPH POMROY TO PAY FOR SUR-
GEONS, MEDICINES AND ATTENDANCE.

On the Petition of Joseph Pomroy, praying that he may re- Legislative
ceive an annual pension, also the sum of One Hundred Pounds, to c^ndf^^***^
put him into a capacity for paying his necessary expences of sur- xi, 200.'
geons, medicines, and attendance, while he was at Mr. Laynes [of Archives,
Norton], 2 as is set forth in his petition: ^^^J- ^^*-

Resolved, That [Henry Gardner, Esq.,]^ the Treasurer of this Resolves,
State be and he is hereby directed to pay Joseph Pomroy the chip. 45.^'°"'
sum of One Hundred Pounds, to enable him to pay the necessary '^/[^^
charges aforesaid. [Passed Deceviber 27.^ Archives,

ccxxv., 40.5.
1 Province Laws, xx., 583, chap. 439.
^ Massachusetts Archives, ccxxv., 405.

3 This date is December 25 according to Legislative Records of the Council and
Massachusetts Resolves.

318

Resolves, etc. — 1779-80. [Chaps. 683, 684.]

CHAPTER 683.

RESOLVES DIRECTING THE SHERIFF OF SUFFOLK COUNTY TO PRO-
CURE FOR DR. BENJAMIN TUPPER, IMPRISONED FOR AIDING AND
CONSPIRING WITH THE ENEMY, SUCH ASSISTANCE AND ACCOM-
MODATIONS WITHIN THE GAOL AS SHALL BE CONDUCIVE TO HIS
COMFORT AND CONSISTENT WITH HIS SAFE KEEPING AT SAID
PRISONER'S EXPENSE.

Legislative
Records of the
Council,
xl., 203.
Mass.
.Archives,
ccxxv'., 407.
Mass.
Resolves,
Dec. Session,
chap. 48.

Mass.
Archives,
ccxxv., 409-411.

The Committee of both Houses appointed to consider the Peti-
tion of Benjamin Tupper, a prisoner in the gaol in the county of
Suffolk, praying that he may be discharged, or otherwise relieved,
for reasons in the petition mentioned, beg leave to report the fol-
lowing Resolutions which are submitted by order of the Committee

Artemas Ward per Order.

Whereas it appears to this Court that Benjamin Tupper, now a
prisoner in the gaol of the county of Suffolk, was legally committed
on the charge of being an adherent to the enemies of this and the
other United States, giving them aid and comfort, and conspiring
with the said enemies to levy war against the said United States.
And whereas the said Benjamin Tupper has petitioned this Court,
setting forth that he is in such an ill state of health as renders
his confinement dangerous to his life, and praying relief: And it
also appearing that the petitioner's state of health is such as
requires relief: Therefore

Resolved, That the Sheriff of the said county of Suffolk be and he
is hereby directed to procure for the said prisoner such assistance
and accommodations within the said gaol, as shall be conducive to
his comfort, so far as may be consistent with his safe keeping, until
the further order of this Court, or he be discharged by due course
of law. And it is further

Resolved, That the expence that may arise by virtue of this Reso-
lution be borne and paid by the said prisoner.
In Council

Read and Accepted

In the House of Representatives

Read and Concurred. [Passed December 27.

CHAPTER 684.

RESOLVE ALLOWING THE MEN ON THE ROLLS EXHIBITED BY ALEX-
ANDER CAMPBELL THE SAME ESTABLISHMENT AS THOSE ON THE
PENOBSCOT EXPEDITION.

Legislative
Records of the
Council,
xl.; 204.
Mass.
Archives,
ccxxv., 4i2.
Mass.
Resolves,
Dec. Session,
chap. 49.

Mass.
Archives,
ccxxv., 413.

On the Petition of Alexander Campbell, praying that a num-
ber of men contained in the rolls exhibited with his petition, may
be allowed for their services:

Resolved, That the men who are mentioned in said rolls be al-
lowed and paid the same sum that the men who were employed on
the late expedition to Penobscot were paid, and the Committee on
muster-rolls are directed to examine and allow accordingly. [Passed
December 28.

[3d Sess.] Resolves, etc. - 1779-80. 319

CHAPTER 685.

RESOLVES PERMITTING BENJAMIN BROWN TO RETURN TO YAR-
MOUTH. N. S., IN HIS SCHOONER POLLY, TAKING RICE, INDIAN
CORN, SUGAR. MOLASSES, RUM AND FLOUR.

On the Petition of Benjamin Brown, praying that he may be Legislative
permitted to return to Yarmouth, in the Province of Nova-Scotia, CoSncU^, °^ *^^
with his Schooner called the Polly, with a small quantity of family- ^•^°*-
stores, for reasons set forth in said petition: Archives.

Resolved, That the prayer of said petition be so far granted, as MasI" *'^'
that the said Benjamin Brown be and he hereby is permitted to Resolves,
return to Yarmouth, in the Province of Nova-Scotia, with his said chap.'so".

Schooner, and take on board one Barrel of Rice, and forty Bushels Mass.

of Indian-Corn, one hundred three quarters of Sugar, thirty Gal- g^^j^'^'^^lis 41Q

Ions of Molasses, ten Gallons of Rum, and part of two Barrels

of Flour: It is further

Resolved, That the [Nathaniel Barber, Esq.,]^ Naval-Officer for
the Port of Boston be and he is hereby directed to see that the
said Benjamin Brown strictly observes this Resolve. [Passed
December 28.

CHAPTER 686.

RESOLVE DESIRING THE COMMITTEE TO ASCERTAIN THIS STATE'S
RIGHTS IN VERMONT TO CONTINUE THEIR RESEARCHES UNTIL
THE NEXT SITTING OF THE GENERAL COURT.

Whereas the Committee appointed by this Court to ascertain Legislative
the right of this State to lands lying within the tract lately called councif, °^ *^^
Vermont, have represented to this Court, that they shall not be ^| ■ 205-
able to make report to the Court during the present Session thereof. Archives.
and desire further time for that purpose: Therefore MasJ'*^^'

Resolved, That the Hon. James Bowdoin, Samuel Adams anfl Resolves.
John Lowell, Esquires, a Committee appointed for the purpose chap. 51.

aforesaid, be and they hereby are desired to continue their re- Mass.
searches after the evidence to prove the claim of this State to lands 4x'xv^'422
lying within the tract lately called Vermont, 'till the next sitting Legislative
of the General Court, at which time the committee aforesaid are Councif
desired to make report without fail. [Passed December 28. ^AiUe^v 232

chap. 484.

CHAPTER 687.

RESOLVE DIRECTING THE BOARD OF WAR TO PAY CAPT. THOMAS
SMART, AND OTHER OFFICERS, FOR CLOTHING PURCHASED FOR
THE CONTINENTAL ARMY.

On the Petition of Capt. Thomas Smart, praying that the Legislative
Board of War be directed to pay the necessary expences that he councif, "* ^^"^
and other officers on the same duty have been at in purchasing xj ■ 205.
cloathing for the use of this State's proportion of the Continental Archives.
Army: ccxxv., 423.

D 7 J rrn Mass.

Resolved, That the Board of War be and they hereby are di- Resolves,
rected to pay to Capt. Thomas Smart, and other officers employed chap. 52.

at that time and on the same duty, such sums of money as they Mass.
shall judge adequate to their services. [Passed December 28. ^^I^'^Iza.

1 Province Laws, xx., 589, chap. 450.

320

Resolves, etc. — 1779-80. [Chaps. 688-690.]

CHAPTER 688.

RESOLVE FOR THE PAYMENT OF THE ROLL OF CAPT. DANIEL SUL-
LIVAN'S COMPANY IN THE PENOBSCOT EXPEDITION TO SAID
CAPTAIN NOW IN BOSTON AND BOUND TO THE EASTERN PART OF
THIS STATE WHERE HIS SOLDIERS GENERALLY RESIDE.

Legislative
Records of the
Council,
xl., 206.
Mass.
Archives,
ccxxv., 425.
Mass.
Rraolves,
Dec. Session,
chap. 54.

AnU, p. 312,
chap. 671.

Whereas great inconveniences and hardships may be consequent
upon making the roll of Capt. Daniel Sullivan and his Company,
who served on the Penobscot expedition, and who are so remote
from the State Treasury, payable in the usual manner to each in-
dividual: To remove which.

Resolved, That the Honorable Council be and hereby are desired
to issue their warrant on said roll payable to Captain Daniel Sulli-
van, a resident in the eastern part of this State now in this town,
and bound to that part of the same where the soldiers in said Com-
pany generally reside; he to give his receipt for the money, and
to be accountable to each of said soldiers for what is due to him
on said roll, any law or usage to the contrary notwithstanding.
[Passed December 28.

CHAPTER 689.

RESOLVE DIRECTING THE TREASURER TO PAY NOTES DUE ON
DECEMBER 2d, OR THE INTEREST ONLY IF DESIRED AND THAT
ANNUALLY UNTIL SAID NOTES ARE PAID.

Legislative
Records of the
Council,
xl., 206.
Mass.
Archives,
ccxxv., 426.
Mass.
Resolves,
Dec. Session,
chap. 56.

Mass.
Archives,
cclxxxv., 62

Whereas it appears to this Court that a considerable sum in
Notes issued by [Henry Gardner, Esq.,]^ the Treasurer of this
State became due on the 2nd of this instant, December, and no
provision is made to enable the Treasurer to pay said Notes, or
the interest thereof: Therefore

Resolved, That the Treasurer of this State be directed, and he
is hereby accordingly directed to pay out of such Monies as he
may have in his hands, any of the aforesaid Notes for which
payment may be demanded, and in case the holder of any of the
aforesaid Notes is not disposed to receive the principal, the Treas-
urer is hereby impowered and directed in such case to pay the
interest only, and the holder of said Notes shall be intitled to re-
ceive, and the Treasurer is hereby impowered and directed to pay
the interest of said Notes annually, until the Note or Notes shall
be paid. [Passed December 29.

CHAPTER 690

Legislative
Records of the
Council,
xl., 207.
Mass.
Archives,
ccxxv., 427.
Mass.
Resolves,
Dec. Session,
chap. 55.

Mass.
Archives,
ccxxv., 428.

RESOLVE DIRECTING THE TREASURER TO LEND $100,000 TO COL-
CHASE, DEPUTY QUARTERMASTER GENERAL.

On the Petition of Thomas Chase, Esq., D.Q.M.G. praying
for the loan of a sum of money:

Resolved, That [Henry Gardner, Esq.,]^ the Treasurer of this
State be and he hereby is directed to lend to Thomas Chase, Esq.,
D.Q.M.G., One Hundred Thousand Dollars; said Chase to be
accountable for the same to the said Treasurer. [Passed Decem-
ber 20.

1 Province Laws, xx., 583, chap. 439.

[3d Sess.] Resolves, etc. — 1779-80. 321

CHAPTER 691 .

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER TO THE CON-
TINENTAL NAV\' BOARD 500 WEIGHT OF BREAD IN PAYMENT OF
THE SAME BORROWED BY COL. BREWER FROM CAPT. HACKER
OF THE CONTINENTAL SLOOP PROVIDENCE ON THE 17th OF JULY
LAST.

Whereas the Continental Navy-Board in this Department have Legislative
represented to this Court tliat Capt. [Hoysteed]i Hacker, of the counclf. °^ *^"'
Continental Sloop Providence, did on the 17th day of July last lend ^^^J"^-
to Col. Josiah Brewer, then in the service of this State, Five Hun- Archives,
dred weight of bread, which bread has not been returned, and said M^g^' *^^'
representation appearing to be just and well founded: Therefore De^°'gessi „

Resolved, That the Board of War be directed and they are hereby chap. 58.
accordingly directed to deliver to the Continental Navy-Board Mass.
Five Hundred weight of bread, in full payment for the bread bor- ^/xxv^^lso-
rowed as aforesaid, as soon as they have it in their power so to do, ccixxxv., ei.
without essential injury to the publick Service. [Passed Decem-
ber 29.

CHAPTER 692.

RESOLVES INSTRUCTING THE STATE CLOTHIER, SAMUEL RUGGLES,
ESQ., EMPOWERING HIM TO APPOINT AN ASSISTANT AND MAILING
AN ESTABLISHMENT FOR THEM.

Whereas Samuel Ruggles, Esq., has been appointed (by this Legislative
Court) State-Clothier, to reside with or near that part of the Con- counclf ^'^ ^^'^
tinental army raised by this State, and observe and perform all xi., 209.'
the duties enjoined on a State-Clothier, agreeable to a resolve of Archives,
the Continental Congress, passed March 23, 1779; and as the jf^gj" *^''
provision made for said Ruggles by a resolve of the 16th of Sep- Resolves,
tember last, is not adequate to the services of a State-Clothier: chip. sT.'^^""'
It is therefore ^^gg

Resolved, That there be allov/ed and paid to said Ruggles, ninety ^'^''^^^'^f33_43A
Pounds per month, agreeable to the resolve above referred to, and Ante,"p. 139,
one ration per day, which he is to draw in camp; also the sum of '=^'*p- ^si-
ninety Pounds in addition to the ninety Pounds abovementioned,
and that all necessary travelling expences be allowed him. And
that the Honorable the Major Part of the Council be requested to
grant such sum or sums of money, not exceeding Twelve Hundred
Pounds, to said Ruggles, from time to time, as may be necessary for
him to prosecute the business of a State-Clothier, he to be account-
able for the same. And as the public service makes it necessary
for the said State-Clothier to have an Assistant, it is further

Resolved, That the said State-Clothier may appoint some suita-
ble person as an Assistant, and that said Assistant be allowed
seventy-two Pounds per month, and one ration per day, which he
is to draw in camp. And it is further

Resolved, That the State-Clothier take into his possession the
cloathing that shall be sent him from time to time by the Com-
mittee for purchasing stores, and that he deliver said cloathing to
the troops raised by this State, in full proportion as allowed by the
Continental Congress, and after said delivery, if any surplus re-
main, that he retain said surplus in store, or otherwise dispose of
it on the application of any commander of a regiment in the serv-
ice of this State, said commander thereupon giving a receipt

1 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 4.

322

Resolves, etc. — 1779-80. [Chaps. 693, 694.]

expressing the names of those men for whom he receives said
cloathing, in order that a proper charge be made of the same,
agreeable to the regulated price as affixed by an act of this State;
but it is considered that from the surplus abovementioned the
surplus of blankets is excepted, which are to be delivered in to the
Clothier-General, he giving a receipt for the same to the Clothier
of this State; notwithstanding, any article of cloathing which shall
be in the hands of the State-Clothier after the troops of this State
are fully supplied, may be disposed of to any of the troops of the
other United States, by way of loan, or otherwise, as will best
promote the public service, if the Clothier-General see fit to order
the same. And it is

Resolved, That the said State-Clothier shall make a return of his
doings, once every quarter of a year at least, to the General Court
of said State if sitting, or to the Honorable Council of said State
in the recess, in order that seasonable supplies may be made for
the comfort and convenience of the troops of this State. [Passed
December 29.

CHAPTER 693

RESOLVES DIRECTING THE AGENTS OF PLYMOUTH AND BRISTOL
COUNTIES TO ATTEND THE GENERAL COURT AND EXPLAIN WHY
THEY HAVE RECEIVED SUCH VERY BAD CLOTHING FOR THE ARMY
AND WHO PROVIDED SUCH, THE SECRETARY TO SUMMON SAID
AGENTS BY EXPRESS.

Legislative
Records of the
Council,
xl.. 210.
Mass.
Archives,
ccxxv., 437.
Mass.
Resolves,
Dec. Session,
chap. 59.

Ante, p. 72,
chap. 138.

It being represented to this Court that a considerable quan-
tity of the shirts and shoes that are turned into the State's store,
for the use of the soldiers in the Continental army, from the
counties of Plymouth and Bristol, will by no means answer for
that purpose: Therefore

Resolved, That the [Capt. David Kingman and Brig. George
Godfrey]^ Agents of the counties of Plymouth and Bristol, be and
they are hereby directed forthwith to give their attendance at the
General Court, to shew cause (if any they have) why they re-
ceived of the selectmen of the several towns in their respective
counties such very bad cloathing for the use of the army, and also
v.ho they were that provided such very bad cloathing. And it is
further

Resolved, That the Secretary be directed forthwith by express to
summon said Agents to appear accordingly. [Passed December 29.

CHAPTER 694

Legislative

Records of the

Council,

xl., 207.

Mass.

Archives,

ccxxv., 439, 440.

Mass.

Resolves,

Dec. Session,

chap. 60.

Mass.
Archives,
cxlv.; ccxxv.,
438. Ante,
p. 216, chap.
459.

RESOLVES FOR PUBLISHING THE REPORT OF THE COMMITTEE ON
THE FAILURE OF THE PENOBSCOT EXPEDITION, THE RESOLVES,
LETTERS AND ORDERS RELATING TO THE SAME, AS A PAMPHLET
IN ORDER THAT THE PUBLIC MAY BE SATISFIED.

Resolved, That it appears to this Court, upon a full enquiry into
the grounds and reasons of the failure of the late expedition to
Penobscot, that the principal causes of the failure aforesaid are
clearly pointed out in the several questions and answers contained
in the report of the Committee of both Houses of the 7th of Octo-
ber last, relative to this matter, which appears to be fully sup-
ported by the depositions accompanying the same; and in order
that the public may be satisfied with respect to the conduct of
said expedition,

1 Ante, p. 72, chap. 138.

[3d Sess.] Resolves, etc. — 1779-80. 323

Rcwhcd, That the Report of the Committee of Enquiry of the
7th of October last, and the Resolves, and a Letter of the General
Court to Meshech Weare, Esq., and also the Orders and Letters
of the Council relative to this expedition, hereafter enumerated,
together with the Orders given by the Navy-Board to [Com. Dud-
ley Salstonstall] ^ the Commander of the Naval-Forces, be published
in a pamphlet. 2

The Papers referred to above to be published, are as follows:

viz.

The Resolve of the General Assembly of the 26th of June 1779.

Ditto of the 29th of June 1779.
General Court's Letter to the Hon. Meshech Weare, Esq.
Council's Order on the Board of War, dated July 1st, 1779.

Ditto Order to Gen. [Solomon] ' Lovell of July 1st, 1779.

Ditto Order to ditto, July 2d, 1779.

Ditto Order on the Board of War, July 2d, 1779.

Ditto Order to the Sheriff of Suffolk to press the ship General Putnam, July 2d,
1779.

Ditto Order to the Sheriff of Essex to impress Vessels, July 3d, 1779.

Ditto Order for pressing men, July 3d, 1779.

Ditto Order to the Board of War to provide provisions, July 3d, 1779.

Ditto Orders of the Sth of August to ditto.

Ditto Letter to the Navy-Board, dated June 30th, 1779.

Ditto Letter to the Navy-Board, July 2d, 1779.

Ditto Letter to Meshech Weare, Esq., July 9th, 1779.

Ditto Letter to Colonels [Azor] ^ Orne and [William R.] Lee, « July 11th, 1779.

Ditto Letter to Elias Hasket Derby, July 11th, 1779.

Ditto Letter to the Navy-Board, July 12th, 1779.

Ditto Letter to the ditto, July 14th, 1779.

Ditto Letter to Gen. [Solomon] » Lovell, July 23d, 1779.

Ditto Letter to ditto, August Gth, 1779.

Ditto Letter to Gen. [Horatio] « Gates, August 8th, 1779.

Ditto Letter to Meshech Weare, August Sth, 1779.

Ditto Letter to Enoch Freeman and Samuel Freeman, dated August 10th, 1779.

Ditto Letter to Gen. [Solomon] ^ Lovell, August 10th, 1779.

Ditto Letter to Selectmen and Commanders of Independent Companies, Aug.
10th, 1779.

Ditto Letter to Gen. [Solomon] » Lovell, August 11th, 1779.

Ditto Letter to ditto August 12th, 1779.

Navy-Board's Letter to Com. [Dudley] ^ Saltonstall, August 12th, 1779.

[Passed December 30?

CHAPTER 695.

RESOLVES DIRECTING THE COMMITTEE FOR PURCHASING CLOTH- Legislative
ING AND SMALL STORES AND THE CONTINENTAL AGENTS TO Records of the
FURNISH NEW RECRUITS WITH THOSE ARTICLES THEY NEED AT xl^Tl
PRESENT. Miiss.

Archives,
, 111 • • ccxxv., 442.

Whereas several new recruits have lately been inlisted as this Mass.
State's quota of the Continental army during the war, and others Dec° Session,

may be, by the recrviiting officers of the army now in Boston re- "^'^p- ^^-

cruited, among whom there are some and may be others so desti-
tute of necessary cloathing, that they cannot well proceed to camp

1 Massachusetts Archives, cxlv., 98.

2 THE PROCEEDINGS OF THE GENERAL ASSEMBLY, AND OF THE
COUNCIL, OF THE STATE OF MASSACHUSETTS-BAY, RELATING TO
THE PENOBSCOT EXPEDITION: AND THE ORDERS of the CONTINEN-
TAL NAVY-BOARD TO THE COMMANDER of the NAVAL FORCES.
TOGETHER with the REPORT of a COMMITTEE appointed to enquire into
the CAUSE of the FAILURE of the said EXPEDITION. PUBLISHED BY
ORDER OF THE GENERAL ASSEMBLY. BOSTON: PRINTED BY
J. GILL, PRINTER TO THE GENERAL ASSEMBLY. 1780.

3 Ante, p. 104, chap. 199.
^ Council.

6 Massachusetts Soldiers and Sailors of the Revolutionary War, ix., 644.
« Heitmann's Historical Register of the Officers of the Continental Army.
' This date is same in Massachusetts Resolves, but December 29 according to
Legislative Records of the Council.

324

Resolves, etc. — 1779-80. [Chaps. 696, 697.]

without some supplies, before they can draw them in camp, for
which no provision hath been made: Therefore, It is

Resolved, That the Committee appointed for purchasing and for-
warding cloathing and small stores for that part of the army
raised by this State, be and they are hereby directed to supply all
such new recruits with those articles, which the officer who re-
cruited them shall certify they stand in present need of, in order
to enable them to proceed to camp, such officer certifying the name
of such soldier, and the regiment he belongs to, and to transmit an
account thereof to the Cloathier of this State, that he may keep a
true account of the same, and to prevent their drawing more than
their proportion of the cloathing.

And whereas there may be some who need such articles as can-
not be supplied by the Committee aforesaid : It is further

Resolved, That Messieurs [Samuel Allyne]^ Otis and [David] ^
Henley, the Continental Agents in Boston, be and they are hereby
requested to supply the recruits aforesaid with all such articles,
upon being certified by the recruiting officer as aforesaid, and that
they transmit an account thereof to the Cloathier-General of the
Continental army, to prevent their receiving more cloathing than
their proportion. [Passed December 30.

CHAPTER 696.

RESOLVE EMPOWERING THE EXECUTOR OF BENJAMIN SHEPARD,
LATE ADMINISTRATOR OF EDWARD GAY, TO EXECUTE A DEED
TO SAMUEL LETHBRIDGE OF A CEDAR SWAMP IN WALPOLE.

Legislative
Records of the
Council,
xl., 196.
Mass.
Archives,
ccxxv., 444.
Mass.
Resolves,
Dec. Session,
chap. 64.

Mass.
Archives,
ccxxv., 445.

On the Petition of Samuel Lethbridge, praying that either the
executor of the will of Benjamin Shepard, or administrator on the
estate of Edward Gay, deceased, should be impowered to give him
a deed of a small piece of cedar swamp, for reasons set forth in the
petition : Therefore

Resolved, That Benjamin Shepard, executor to the last will of
Benjamin Shepard, late of Wrentham, deceased, be and he hereby
is authorized and impowered to give and execute a good and law-
ful deed to the said Samuel Lethbridge, of such part of the cedar
swamp [in Walpole],^ mentioned in said petition, as was the prop-
erty of the said Edward Gay, and sold by the said Benjamin
Shepard, deceased, to the said Samuel Lethbridge, in consequence
of an order of the Superior Court. [Passed December 31.^

CHAPTER 697

Legislative
Records of
Council,
xl., 212.
Mass.
Archives,
ccxxv., 443.
Mass.
Resolves,

the

RESOLVE DIRECTING THE COMMITTEE ON ACCOUNTS TO PAY ALL
PERSONS WHO ENGAGED IN THE SERVICE AT NORTH RIVER IN
1778 FOR THE USE OF THEIR FIRELOCKS, BAYONETS, CARTOUCH
BOXES, HAVERSACKS AND BLANICETS.

Whereas by a Resolve of the General Court of this State, past
the 20th of April 1778, for raising 1,300 men for North River, it
was among other things Resolved that every person procured to
compleat said number, who should supply himself with a good
firelock and bayonet, cartouch-box, haversack and blanket, and at

1 Journals of the Continental Congress.

2 Massachusetts Archives, ccxxv., 445. , . .• *

s This date is same in Ma.ssachusetts Resolves, but December 24 according to
Legislative Records of the Council.

[3d Sess.] Resolves, etc. - 1779-80. 325

the expiration of the term of his service produce to the proper Dec. Session,

pay-master a certificate from his captain or other commanding ^^^^- ^^-

officer of his company, that he has been constantly provided EawT^., 373.
therewith, shall receive (agreeable to a Resolve of Congress of the chap.'97i.'
26th of February 1778) for the use of his firelock, bayonet and car-
touch box, two dollars, and for the use of his blanket, four dollars,
and in like proportion for any or either of them. And whereas it
appears to this Court that no payment has as yet been made to
the abovesaid persons who did engage in the abovesaid service,
agreeable to said Resolve, and as there has been no pay -master
appointed: Therefore

Resolved, That the Committee on Accounts be and they hereby
are directed to pay all those persons who did engage in said serv-
ice and provide themselves with a firelock, bayonet, cartouch-)>ox,
and blanket, agreeable to said Resolve, they producing proper
vouchers that they were so provided. [Passed December 31.

CHAPTER 698.

RESOLVES GRANTING A BOUNTY OF £100 A TON FOR POT OR PEARL
ASH MANUFACTURED IN THIS STATE FOR PUBLIC USE AND £75
A TON FOR PRIVATE USE.

Whereas many and great advantages may be expected from a Legislative
revival of the manufacture of Pot and Pearl Ash within this State: counclf. °^ *^^
For the encouragement thereof xi., 214.

Resolved, That a bounty of One Hundred Pounds be paid out of Archives,
the Treasury of this State on every ton of pot or pearl ash, or less MasI"**^'
quantity in the same proportion, manufactured within this State Resolves,
and sold to the Board of War, or any other person or persons ap- chap. 65.
pointed by the General Court to purchase the same for the use of
this State, upon the same being sold and delivered as aforesaid
on or before the 1st day of January, A.D. 1781, and the person so
selling and delivering the same making oath, before some Justice
of the Peace, that the same was {bona fide) manufactured within
this State, and producing a certificate from the person or persons
appointed to purchase the same, that it has been surveyed and
certified by a surve3'or appointed by the order of this Court, to be
good and merchantable. And it is further

Resolved, That a bounty of seventy-five Pounds be paid out of
the Treasury of this State on every ton of pot or pearl ash, or less
quantity in the same proportion, manufactured within the same,
to any person or persons belonging to this State, who shall pur-
chase or manufacture and ship the same on his or their own ac-
count, he or they producing full and satisfactory evidence to the
Council of this State, that the same was manufactured within the
same, that no bounty has been by the said State paid thereon, and
a certificate from a surveyor appointed by the Order of the General
Court, that it is good and merchantable, and making oath that it
was purchased or shipped on or before the 1st day of January
A.D. 1781, in all cases where the bounty is not applied for before
that time. And the Council of this State are to issue their war-
rants on [Henry Gardner, Esq.,]^ the Treasurer of this State for
all Bounties that may become due in consequence of the above
Resolutions. [Passed January 1.

1 Province Laws, xx., 583, chap. 439.

326

Resolves, etc. — 1779-80. [Chaps. 699-702.]

CHAPTER 699.

RESOLVE EMPOWERING THE COURT OF GENERAL SESSIONS FOR
CUMBERLAND COUNTY TO GRANT PAY AND EXPENSES OUT OF
THE COUNTY TREASURY TO THE DELEGATES TO THE CONVEN-
TION AT CONCORD JULY LAST.

Legislative
Records of the
Council,
xl.. 215.
Mass.
Archives,
ccxxv., 451.
Mass.
Resolves,
Dec. Session,
chap. 67.

Mass.
Archives,
ccxxv., 452.
Ante, p. 233,
chap. 488.

Resolved, That the Court of General Sessions of the Peace for
the County of Cumberland be and they hereby are ini powered and
directed to allow and grant out of the Treasury of said County to
those persons who, in consequence of an appointment thereto by
the Committees of the several Towns in said County, represented
the same in the Convention held at Concord in July last, a reason-
able sum for their time and expence in attending that service; and
to assess the amount thereof upon the polls and rateable estates
within the said County, in the same manner as they are by law
directed to assess other county charges. [Passed January 1.

CHAPTER 700

Legislative
Records of the
Council,
xl., 216.
Mass.
.'Vrchives,
ccxxv., 453.
Mass.
Resolves,
Dec. Session,
chap. 68.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE HOUSE
OF REPRESENTATI\T:S at $25 PER DAY AND OF THE COUNCIL AT
.$.30 PER DAY.

Resolved, That the pay of the Members of the House of Rep-
resentatives for the present session be twenty-five Dollars per
day, and that the pay of the Honorable Council be thirty Dollars
per day, and that those Members of the House of Representatives
who tarried in Boston the last short recess, shall be paid for that
time at the same sum of twenty-five Dollars per day. [Passed
January 1.

liCgislative
Records of the
Council,
xl., 216.
Mass.
.Archives,
ccxxv., 456.
Mass.
Resolves,
Dec. Session,
chap. 66.

Mass.
.\rchives,
ccxxv., 457.

CHAPTER 701.

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER LINEN AND
CLOTH ENOUGH FOR ONE SUIT TO WILLIAM BAKER, JR., AT THE
REGULAR PRICE.

On the Petition of William Baker, jun.

Resolved, That the Board of War be and they are hereby directed
to deliver half of a piece of linen and cloth, &c. sufficient for one
suit of cloaths to William Baker, jun., he paying for the same at
the regulated price. [Passed January 1.

CHAPTER 702

Legislative

Records of the

Council,

xl., 197.

Mass.

Archives,

cclxxxv., 68, 69.

RESOLVES FOR OBTAINING A LOAN OF £150,000, STERLING, IN EUROPE
FOR THE PURCHASE OF CLOTHES FOR THE CONTINENTAL ARMY
AND GOODS SUITABLE FOR THIS M.\RICET, AND FOR SHIPPING
THE S\ME TO THE VALUE OF £40,000 IN THE SHIP PROTECTOR, OR
SOME OTHER VESSEL, FROM SOME PORT IN FRANCE.

Whereas it is highly probable that great advantages may be
derived to this State, by obtaining a Loan or Credit from Gentle-
men in Europe for a Sum not exceeding One Hundred and Fifty
Thousand Pounds, Sterling, Tlierefore

Resolved, That this Court will immediately take such measures,

[3d Se.ss.] IlEsoLvlos, ETC. - 1779-80. 327

SIS to them shall appear eflFectual, for Obtaining such a Loan or Mass.
Credit for a Sum not exceeding One Hundred and Fifty Thousanrl r'^ckxLv'!!'63,
Pounds, Sterling, Twenty Thousand Pounds of which to be In- ^^< ^'■^''■
vested in such articles as are suitable for cloathing this State's
Quota of the Continental army to be shipped by the Ship Pro-
tector, and as many other goods suitable for this Market, as the
said Ship can take in, provided the whole Cost of the Goods sent
in said Ship does not amount to more than Forty Thousand
Pounds Sterling, the articles to be purchased and shipped to be
determined on by a Committee of five Persons to be appointed by
this Court by Joint Ballot, the first Cost of said Goods to be In-
sured in Europe, the remainder of the Sum so borrowed to be
lodged in some secure hands in Europe, to be drawn out as the
General Court shall hereafter direct by Bills of P]xchange or in-
vested and shipt in such Goods, as will be most for the advantage
of this State, as the aforesaid Committee shall order, the money
arising from the Sale of said Bills, or Goods, to be appropriated
for the payment of this States proportion of the Continental
Debt. And it is further

Resolved, That the Board of War be and they hereby are di-
rected to man and fix the Ship Protector for the Sea as soon as
possible, and that [John Foster Williams] '^ the Commander of said
Ship be directed to proceed with said Ship to some Port in the
Kingdom of France and receive on board said Ship, such goods
as shall be delivered him by the Agent who may be appointed by
this Court to purchase and ship goods on account of this State
and after taking such papers and directions as he may receive
from said Agent, to proceed to some Port in this State and upon
his return home carefully to avoid every danger from the Enemy
that he possibly can. And whereas it will be necessary, in order
to obtain the Loan or Credit aforementioned, that a fund be Estab-
lished, as a security for the payment of the Debt that Avill be
hereby contracted in Europe, therefore

Resolved, That a Committee be appointed to prepare and bring
in a Bill for that purpose, also

Resolved, That some suitable Person be appointed by this Court
and vested with proper powers and instructions by said Court,
(or the Committee they may appoint for this purpose) to nego-
tiate a Loan or Credit, and transact the business aforementioned,
and that he proceed to Europe in the Ship Protector or some
other Vessel for the purposes aforesaid. [Passed January 5\-

CHAPTER 703.

RESOLVES DISCHARGING GEN. HEATH OF $98,420 WHICH HE RE-
CEIVED FOR RE-ENLISTING THE CONTINENTAL ARMY, MAKING
THE COLONELS AND COMMANDERS OF THE CONTINENTAL
REGIMENTS ACCOUNTABLE, AND DIRECTING THEM TO MAKE
MONTHLY RETURNS OF THE MEN ENLISTED.

Whereas it appears on the examination of the account of the Legislative
Hon. Gen. [William]^ Heath, of the sum of Ninety-eight Thousand comicif,"
four Hundred and twenty Dollars, which he received from this ^j^J^''-
State for the purpose of reinlisting the Continental Army, that the Archives,
same is right cast, and well vouched, and that the sum aforesaid Mass.'
has been appropriated to the use aforesaid : Therefore Dec°^Session,

Resolved, That he be and he hereby is discharged of the said chap. 70.

» A7ite, p. 221, chap. 468.

2 This date is December 24 according to Legislative Records of the Council.

3 Massachusetts Soldiers and Sailors of the Revolutionary War, vii., 684.

328

Resolves, etc. — 1779-80. [Chaps. 704, 705.]

Mass.
Archives,
ecxxv., 461-470.

sum of Ninety-eight Thousand four Hundred and twenty Dollars,
which he received from this State as abovementioned; and that
the Colonels and Commanders of the Continental Regiments
raised in this State, among whom the said sum has been distributed
by Gen. Heath for the purposes aforesaid be accountable to this
State for the respective sums received by them of Gen. Heath,
either by proper vouchers of the appropriation thereof to the in-
listing soldiers as aforesaid, or by paying into the State Treasury
such sums as shall not be so appropriated. And to prevent fraud
and mistakes in the inlisting soldiers, and paying them the States
bounty aforesaid:

Resolved, That there be monthly returns made by the inlisting
officers of the regiments of this State in the Continental service, to
their respective Colonels and Commanders of said regiments of
every soldier inlisted by them, to whom they have paid a bounty
in behalf of this State and duly mustered, mentioning their names,
their ages, their places of abode, and a description of their persons,
in order that the said Colonels or Commanders of regiments may
be satisfied that the money received by them from this State hath
been truly applied, and that such returns be made monthly of the
same by such Colonels and Commanders to the Secretary's office;
and the Secretary is hereby directed to transmit copies of this
Resolve to the several Commanders of regiments raised by this
State in the Continental service. [Passed January 3.^

CHAPTER 704.

RESOLVE GRANTING SEVENTY-TWO SILVER DOLLARS TO SOLOMON
LOVELL, ESQ., FOR PAYMENT MADE TO INDIANS AS PILOTS TO
KENNEBECK RIVER.

Legislative
Records of the
Council,
xl.. 217.
Mass.
Resolves,
Dec. Session,
chap. 73.

On the Petition of Solomon Lovell, in behalf of himself and
others, praying that he may be allowed seventy-two silver-dollars:
Therefore

Resolved, That [Henry Gardner, Esq.,]^ the Treasurer of this
State be and he hereby is directed to pay out of the public
Treasury to Solomon Lovell, Esq., the aforesaid sum of seventy-
two silver-dollars, which he borrowed and gave his note for to
pay eight Indians for piloting and transporting said petitioner and
others to Kenebeck-River. [Passed January 3.

CHAPTER 705.

Legislative
Records of the
Council,
xl., 218.
Mass.
Archives,
cclxxxv., 65.
Mass.
Resolves,
Dec. Session,
chap. 72.

RESOLVE GRANTING £14. 9s. 2d. TO JACOB WOOD FOR WAGES AND
MILEAGE, MIDDLEBOROUGH TO ^^•EST POINT, N. Y.

On the Petition of Jacob Wood, praying that he may draw his
wages for three months and eighteen days, also his expences for
travelling from Middleborough by the way of Bridgewater to West-
Point, in the State of New- York, it being two hundred and forty-
five miles: Therefore

Resolved, That there be allowed and paid out of the pul)lic
Treasury of this State, the sum of fourteen Pounds nine Shillings
and two Pence, to Mr. Jacob Wood, in full for the above time and
mileage. [Passed January 3.

> This date is same in Massachusetts Resolves, but January 1 according to Legis-
lative Records of the Council.

2 Province Laws, xx., 583, chap. 439.

;[3d Sess.] Resolves, etc. — 1779-80. 329

CHAPTER 706. Kfttho

Council,
xl., 218.
RESOLVE PERMITTING ELIAKIM RAYMOND AND BENJAMIN JARVLS Mass.
TO TRANSPORT SUGAR, WOOL CARDS, COFFEE AND CLOTHING Archives,
TO CONNECTICUT. Es"^'

Resolves,

Resolved, That Eliakim Raymond and Benjamin Jarvis, have chap

Dec. Session,

69.

leave to transport three barrels of sugar, three dozen wool-cards, m^ss.
twenty pounds of coffee, and a small box, containing sundry ^""^h'^®?'
articles of cloathing and other necessaries tor family use, out or Province
this State into the State of Connecticut; any law of this State chap.'is.' ^'^*'
notwithstanding. [Passed January S.

CHAPTER 707.

RESOLVE PERMITTING LOAMMI BALDWIN (IN BEHALF OF MR. ^^islative
PEPOON) TO TRANSPORT RUM AND SALT TO CONNECTICUT AND CouncU
TO LOAD BACK WITH PROVISIONS. xl., 219.'

Mass.

Resolved, That Loammi Baldwin, in behalf of Mr. Pepoon of ccxxv., 471.

Connecticut, be and he is hereby permitted to transport from this ReSves,

State to the State of Connecticut, two loads of rum and salt, the ^ap^yT'""'

same teams to be loaded back with provisions; any law of this r — :

State to the contrary notwithstanding. [Passed January 3. Laws, v., 1114,

chap. 13.

CHAPTER 708.

RESOLVE LEASING DWT^LLING HOUSE AND FARM IN BRAINTREE,
PART OF THE ESTATE OF JOHN BORLAND, ESQ., ABSENTEE, DE-
CEASED, TO RICHARD CRANCH, ESQ., AGENT FOR SAME.

On the Petition of Richard Cranch, Agent for the estate of p^l^r^g^of t^e
John Borland, Esq., an Absentee, deceased, praying that he may Council,
be permitted to hire a dwelling house and small farm in Braintree, Mass.
(being part of said Borland's estate) for the term of seven years: ^^3^v^^472

Resolved, That the prayer of the petition be so far granted that Mass. "
the said Richard Cranch be permitted, after the 1st day of April Dec°sSion.
next, to take possession of and occupy said house and farm for "^'^p- ^^-
the term of five years from the said 1st day of April 1780, on con- Mass.
dition that the said Cranch pay into the public Treasury of this ccxxy., 473.
State (on or before the day of his taking possession as aforesaid) Laws,°S., 624,
the sum of Fifteen Hundred and five Pounds, as a full considera- chap. 540.
tion for the hire of the said house and farm for the said term of
five years; he also conforming in all respects during said term to
the rules and directions of a resolve of the General Court of Febru-
ary 19th, 1779, relative to the leasing Absentees estates, the term
of the lease only excepted.

Provided nevertheless, That if a future General Court shall at
any time during said term of five years order the said house and
farm to be sold, in that case the said Richard Cranch shall be held
and obliged immediately to deliver up the same to the person or
persons who may purchase the same, the State to repay him the
sum that the then remaining term shall amount to. [Passed Jan-
tiary 4-

330

Resolves, etc. — 1779-80. [Chaps. 709-711.]

CHAPTER 709.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF
BRISTOL COUNTY.

Legislative
Records of the
Council,
xl., 223.
Mass.
Archives,
ccxxv., 476.
Alass.
Resolves,
Dec. Session,
chap. 75.

Whereas it appears upon examination of the accounts of the
Treasurer of the county of Bristol, that all the monies granted and
allowed by the Court of General Sessions of the Peace for said
county for the year 1778 up to October 26, 1779, were for such
purposes and appropriations as the law impowered said Court to
grant, and that there is a ballance due to said county of seventy-
six Pounds six Shillings and eight Pence, also out-standing money
in the several Constables hands in said county the sum of one
Hundred and eleven Pounds thirteen Shillings and five Pence, to
be accounted for by said Treasurer: Therefore

Resolved, That said account be allowed. [Passed January 4-

CHAPTER 710.

RESOLVE DIRECTING THE REMOVAL OF THE LIBEL OF JAMES OTIS
OF BARNSTABLE AGAINST THE SCHOONER BETSY, HER CARGO,
ETC., FROM THE SOUTHERN TO THE MIDDLE DISTRICT MARI-
TIME COURT.

Legislative
Records of the
Council,
xl., 225.
Mass.
Archives,
ccxxv., 477.
Mass.
Resolves,
Dec. Session,
chap. 76.

Mass.
Archives,
ccxxv., 478.
Ante, p. 249,
chap. 527.

Upon the Petition of Benjamin Hitchborn, in behalf of James
Otis of Barnstable, in the county of Barnstable, praying that the
trial of the cause upon the libel of the said James, against the
schooner Betsy, her cargo, &c. now pending in the Maritime Court
for the Southern District of this State may be removed to the
Maritime Court for the Middle District of said State:

Resolved, That said cause, and all the documents and papers
respecting the same, be removed from the said Maritime Court
for said Southern District, to the said Maritime Court for the
said Middle District, and the trial of the Justice of the capture
of said schooner and cargo, be had at the said Maritime Court for
the said Middle District, next to be holden within the same, in
the same manner, as if the said schooner and her cargo had been
brought within the said Middle District, and libelled in the said
Maritime Court for the said Middle District, and the proceedings
had thereon accordingly, any law, usage or custom to the contrary
notwithstanding. [Passed January 4-^

CHAPTER 711.

Legislative

Records of the

Council,

xl., 21