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Petition of Timothy Munro

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Thursdaay, January 25, 1776.

A Petition of Timothy Munro, setting forth, that he was wounded in battle on the 19th of April last, has been at great expense for doctoring and nursing, and is now unable to support his family, and praying consideration and relief.

Read, and committed to the Committee appointed to consider Petitions of a like nature.

Major Hawley, by leave of the House, brought in the following Resolve. Read, and accepted.

Whereas, this Court, by one Resolve passed in the House of Representatives on the 21st day of January current, and concurred by the Council on the same day, has engaged that such non-Commissioned Officers and Soldiers in the Regiment to be immediately raised in the Counties of Hampshire and Berkshire, for the succour of our brethren in Canada, shall be allowed a Blanket, or twelve Shillings to pay him for the same, if he shall find it himself;

It is, therefore, Resolved, That the sum of three hundred and twelve Pounds sixteen Shillings, shall be paid out of the Treasury of this Colony, to Major Joseph Hawley, to convey and deliver the same to Elisha Porter, Esq˙, of Hadley, lately appointed a Colonel of the Regiment, to be by him paid to such non-Commissioned Officers and Soldiers who shall engage and inlist in the said service, and shall provide a good Blanket for himself, he, the said Porter, to be accountable to this Court therefor.

A Memorial of the Selectmen of the Town of Sherburne, praying that a Resolve of this Court, forbidding the importation of Fuel and Provisions into that town, may be reconsidered, or that the inhabitants, some of whom are already reduced thereby to great distress, may be otherwise relieved. Read, and committed to Colonel Freeman, Mr˙ Brown, of Boston, and Mr˙ Davis, of BarnstabIe, with such as the honourable Board may join, and the Committee are directed to report what is proper to be done.

The House again considered the Resolve for establishing Fees for the Courts of Admiralty.

It was moved, That the Vote of yesterday, for allowing the Judges twenty Shillings per day for sitting on Trial, be reconsidered.

After debate thereon, the question was put, and it passed in the negative.

Then the House passed the following Resolve, viz:

Resolved, That the Fees to be hereafter demanded and received in the Courts of (A) "Admiralty," within this Colony, shall be as follows, viz:

To the Constable, for warning a Town-Meeting and drawing Jurymen, two Shillings.

For summoning each Juror or Witness, six Pence.

To the Sheriff, or Constable, for every mile' s travel from the place of abode to the place of trial, in making a return of warrant or summons, two Pence.

To each Juror, or Witness, for every mile' s travel from the place of his abode to the place of trial, two Pence.

To every Witness, for attendance, per day, two Shillings and eight Pence.

For the attendance of the Foreman of the Jury, in each cause, per day, four Shillings and six Pence.

For the attendance of each of the other Jurors, per day, four Shillings.

For the Clerk' s attendance, each day, five Shillings.

For the Sheriff or Constable' s attendance, each, per day, four Shillings.

To the Clerk, for recording the proceedings of the Court, for every page containing twenty-four lines, of eight words in a line, six Pence; for taxing the Bill, five Shillings; for all attested copies, six Pence per page, as above.

To the Sheriff, for selling a vessel and cargo, &c˙, paying out the proceeds to the captors, and the fees to the Colony

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Treasurer, three Pence on the Pound, or one and-a-quarter per cent.

To the Judge, for receiving information, six Shillings; for every warrant, five Shillings; for his travel from home to the place of trial, for every ten miles, five Shillings; for every day' s sitting on trial, one Pound; for notifying, or advertising, exclusive of the expense to the printers, eight Shillings; for every summons for one or more Witnesses, six Pence.

Afternoon.

Ordered, That the Committee appointed to revise the Resolves of Congress relative to Saltpetre be directed to sit forthwith; and that Mr˙ Hobart be added to the Committee, in the room of Mr˙ Nye, absent.

Benjamin Lincoln, Esquire, brought down the Report of the Committee of both Houses, appointed the 9th current, to consider a Resolve of the Court for withholding supplies of Provision from Martha' s Vineyard, &c˙, viz;

Whereas, upon inquiry, it doth not appear that many of the inhabitants of the Island of Martha' s Vineyard ever had a disposition to supply the enemy with Provisions, and it doth not appear, by the Resolve of the 9th of December last, that they were suspected of corruptly doing the same; and such measures having been taken as, in all probability, will prevent the enemy from being supplied from that Island, and the inhabitants thereof must suffer while under the aforementioned restraint:

Therefore, Resolved, That the Order of this Court, of the 9th of December last, so far as it respects Martha' s Vineyard only, be, and hereby is annulled; and this Resolve he printed in the Cambridge and Watertown Papers.

In, Council, January 25, 1776: Read, and accepted.

Read, and concurred.

John Whetcomb, Esquire, brought down a Petition of Robert Robbins, praying that the Court would order a quantity of Provisions, taken with his schooner, and carried into Beverly, on the 8th of November last, to be delivered to him, for reasons therein set forth, with the following Vote of Council thereon, viz:

In Council, January 25, 1776: Read, and committed to Benjamin Lincoln, Esquire, with such as the honourable House shall join.

Read, and non-concurred, and ordered that the Petition be dismissed.

The Committee appointed to consider and report a meet allowance to the General Officers, reported. Read, and accepted:

Whereas, there has no establishment been made for the General Officers, appointed by the Congress of this Colony, for their services in the Massachusetts Army, from the time they entered into said service until they were put into the pay of the Continent, or were otherwise discharged:

Therefore, Resolved, That there be allowed and paid, out of the publick Treasury of this Colony, to the General Officers appointed by the Congress of this Colony, for their services in the Massachusetts Army, from the time they entered into said service until they were put into the pay of the Continent, or were otherwise discharged, at the several rates following, viz:

To the Honourable General Ward, who served this Colony as Commander-in-chief, twenty-one Pounds per month. To General Thomas, who served this Colony as Lieutenant-General, eighteen Pounds per month; and

To Generals Whetcomb, Heath, Frye, and Pomeroy, who served this Colony as Major-Generals, sixteen Pounds per month, each, accounting twenty-eight days to a month; and they are hereby, respectively, desired to make their Accounts accordingly, and lodge them with the Secretary of this Colony, for examination and allowance of the Committee on the Muster-Rolls of the Army.

The Committee appointed yesterday, to report a Resolve explanatory of a Resolve of this Court, which passed the House the 19th ultimo, reported. Read, and accepted.

Whereas, this Court observe, that in consistency with the letter of the purview of their Resolve of the 19th of December last, relative to the compensation for the loss of Arms, Accoutrements, and Clothing, sustained by certain persons who engaged the Ministerial forces on the 19th of April, and 17th of June, last past, accounts of losses may

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be exhibited to the Committee of this Court from officers and privates not so much as raised by this Colony; and others may make a claim of compensation for losses, which losses were not caused by their being actually engaged in fight with the Ministerial troops, on the days above said, or either of them, which is evidently diverse, and without the true intent and design of the Court at the time of their passing the said Resolve, as appears from the preamble thereof, as well as the justice and reason of the case:

It is, therefore, Resolved, That the aforesaid Resolve, of the 19th of December last, ought not to be taken or construed to extend to any Commissioned, non-Commissioned Officers, or Privates, who, on the said 19th day of April, or 17th of June, or either of them, were not on the establishment of this Colony, or to losses which were not caused by such persons having been actually engaged in battle against the Ministerial troops on the said days, or either of them; and no Committee, or Committees, of this Court, or of either House, appointed to consider of the claims of persons for compensation of losses, in consequence of the said Resolve of the 19th of December, ought to allow, or report in favour of an allowance of any such claim, without satisfactory evidence that the person, or persons, making such claim, was on the establishment of this Colony, and that he was actually engaged in fight with the said Ministerial troops.

Charles Chauncy, Esquire, brought down the Resolve for establishing Fees for the Courts of Admiralty, with the following Vote of Council thereon, viz:

In Council, January 25, 1776: Read, and concurred with the amendment at A, viz: At A, dele "Admiralty," and insert, "Courts of Justice for the trial of the capture of Vessels."

Read, and concurred.

The Members of this House from the several Counties in the Colony were directed to lay upon the table the division of their respective Counties into Regiments; and tomorrow, ten o' clock, was assigned for consideration thereof.

Resolved, That Tuesday next, at ten o' clock, A˙ M˙, be assigned for the choice of Military Officers, agreeable to the late Act for regulating the Militia of this Colony, and to begin with the Major-Generals.

A Petition of Nathaniel Guild, praying that he may have liberty to cut a quantity of wood, necessary to keep in blast this winter a furnace, in which he is making a quantity of warlike stores, for the use of the Continental Army. Read, and committed to Captain Crane, Colonel Mitchell, and Captain Vose.

A Petition of Nathan Putnam, setting forth, that he was wounded at the battle of Lexington, and is yet unable to perform a day' s work at his trade, and praying consideration of the Court, and allowance of his account for expenses in nursing him, &c˙, and for a gun lost at that time. Read, and committed to the Committee on the Petitions of sick and wounded Soldiers.

Petition of the Selectmen of the Town of Reading, representing that Mr˙ John Temple, the Representative of that town, by reason of sickness, is unable to attend the House; and "as representation and taxation are so twisted together in our happy Constitution, and being desirous of having a share in planning, as well as prosecuting plans for our safety, defence, and deliverance," they pray that a precept may be issued for the choice of another gentleman, in colleague with said Temple. Read, and ordered to lie.

A Petition of the Overseers of the Poor of the Town of Boston, praying the Court to grant them a further sum of five hundred Pounds to furnish the Poor of Boston, removed to the Alms-House in Salem, with necessaries to sustain them through the winter. Read, and committed to Captain Steams, Captain Carpenter, and Deacon Codding.

The Committee appointed to report a Resolve for paying Committees of this Court for their services, reported.

Read, and not accepted.

On the Petition of Dennison Wallis, who, on the 19th of April last, in pursuit of the Ministerial troops, was taken prisoner by them, and stripped of his gun, bayonet, cartouch-box, watch, and fifteen dollars, and praying allowance therefor, as, also, for the charge of nursing and doctoring, being wounded by the enemy in making his escape:

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Resolved, That there be paid to Captain Epes, for his use, the sum of eight Pounds eleven Shillings and Pence, which is in full for his gun, bayonet, nursing, board and doctoring.

Resolved, That ten o' clock, to-morrow morning, be assigned for the appointment of Guardians for the Indians, at Grafton.

The Committee on the affair of Mr˙ Elias Haskill Derby, reported. Read, and considered, and ordered to be recommitted; and the Committee are directed to report a recommendation to the Committees who have the care of the goods, in what manner to proceed therewith.

The House then adjourned till ten o' clock, to-morrow morning.

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