and that said Colonel Gilman had replied, that the soldiers under his command were subject to martial law, and were not subject to the Civil Magistrate for any offence, or to any effect:
Voted, It is the opinion of this Board that said Colonel David Gilman is ignorant of the laws and received rules and regulations always practised in the English Constitution; and that the military power setting up an authority uncontrollable by the civil power, is subversive of the laws, rights, and privileges of Englishmen; and what our inveterate enemies never attempted. And that said Colonel David Gilman be summoned to appear before the General Assembly forthwith, to answer for his conduct.
Sent down for concurrence, and was brought back concurred.
A Vote for Richard Champney to receive £200, to buy Arms for the Colony, brought up, read, and concurred, and warrant made out.
Samuel Penhallow, Esq., applied to the Board for the payment of a Note signed by Andrew Me Clary and Henry Dearborn for £16 4s. for blanketing for the Army, as he says; but the matter being uncertain, by reason of McClary's death and Dearborn's captivity, it is now left for consideration.
N. B. Mr. Penhallow had made application for the same last February.
Vote appointing Richard Champney to go express to General Ward, and the General Court of the Massachusetts-Bay, and for him to receive out of the Treasury £200, brought up, read, and concurred, and warrant made out.
Adjourned till Monday next, three o'clock, P. M.
Monday, July 1, 1776.
Met according to adjournment.
Vote appointing Captain Worthen, with such other as the Board should appoint, to be a Committee to purchase materials and erect a Bridge at New-Castle, brought up, read, and concurred, and James Hackett, Esq., joined by the Board.
Vote for Colonel Henry Gerrish to receive one hundred pounds Gunpowder out of the Colony store, to pay part of six hundred pounds borrowed of the Committee of Newbury, brought up, read, and concurred, and order made out.
Tuesday, July 2, 1776.
Met according to adjournment.
Voted, That the whole Council resolve themselves into a Committee to confer with the House, on the measures necessary to be taken on the present alarming state of our affairs in Canada, &c. Sent down for concurrence; brought back concurred.
Vote for the Committees of Plymouth, Compton, and Thornton, to have out of the Treasury £250, for procuring Firearms, Powder, Lead, and Flints, they giving security to the Treasury to repay said sum; brought up, read, and concurred, and order made out.
Vote brought up for delivering Captain Benjamin Hitchcock two hundred pounds of Gunpowder, in consequence of an order from the Committee of Newburyport, for so much due from us to them; read and concurred, and order made out.
Vote for a Committee to consider of supplying the Towns of Piermont, Oxford, Alexandria, Wentworth, Warren, Lyme, New-Chester, Rumney, and Salisbury, with Ammunition, brought up, read, and concurred; and Mr. Wentworth, Mr. Ashley, and the Secretary, added.
Vote for raising fifteen hundred men, instead of seven hundred and fifty voted before, to reinforce the Northern' Army, and for a Committee to proportion them among the several Regiments of Militia to be raised by them, brought up, read, and concurred; and Mr. Thornton, Mr. Folsom, Mr. Ashley, Mr. Blanchard, and Mr. Thompson, joined by the Board.
Vote for Gunpowder, to be delivered as follows, viz: to the Town of Wentworth, 9 pounds; Warren, 9 pounds; Lyme, 30pounds; New-Chester, 30 pounds; Rumney, 30 pounds; Piermont, 30 pounds; Oxford, 15 pounds; Alexandria, 22 pounds; Salisbury, 25 pounds; Colonel Bellows, for his Regiment, 200 pounds; Colonel Ashley, for his Regiment, 100 pounds: amounting in the whole to 500 pounds; brought up, read, and concurred.
Vote for the following sums, to be delivered out of the Treasury, to buy Ammunition, viz: to Israel Morey, for Oxford, £50; Alexander Craige and Michael Dwyer, for Rumney, £75; Jonathan Chandler, for Piermont, £50; they to give security for repaying the same.
Adjourned till to-morrow, eight o'clock, A. M.
Wednesday, July 3, 1776.
Met according to adjournment.
Vote for the Officers stationed at New-Castle, to receive reasonable expenses for recruiting men to fill up the vacancies in their Companies, made by the inlistment for Canada, brought up, read, and concurred.
Vote for a Committee to confer on what sum of money is necessary to supply the Treasury, and report a plan, brought up, read, and concurred; and Mr. Blanchard, Mr. Thornton, and Mr. Folsom, joined by the Board.
Vote brought up for Abner Fellows and Eliphalet Gale to receive out of the Treasury, £4 6s., to purchase Ammunition, they giving security for paying the same, brought up, read, and concurred, and order made out.
Vote for paying the Account of Thomas Hart, amounting to £8 10s. 6d., for superintending the buildings at Piscataquay Harbour, brought up, read, and concurred.
Vote for General Folsom to deliver Samuel Curry twenty-five pounds of Gunpowder for the Town of Holderness, to be accounted for, brought up, read, and concurred, and order made out.
Vote for Samuel Curry to receive £5 out of the Treasury, to buy Ammunition for the Town of Holderness, brought up, read, and concurred, and order made out.
An Act to invest the Overseers of the Poor with power more effectually to employ them, and to provide for bringing up their children more usefully, having been read a third time,
Voted, That the same be enacted.
An Act to establish an equitable method of making Rates and Taxes, and determining who shall be Legal Voters, in Town and Parish affairs, having been read a third time,
Voted, That the same be enacted.
An Act for opening Sluices in the Dams across Piscataquay River, &c., having been read a third time,
Voted, That the same be enacted.
An Act for empowering Committees to cause Sluices to be made in all the Dams across Beaver-Brook, &c, having been read a third time,
Voted, That the same be enacted.
An Act for establishing the style of Commissions which hereafter shall be issued, &c, having been read a third time,
Voted, That the same be enacted.
An Act to prevent the forging and altering Bills of Credit, &c, having been read a third time, Voted, That the same be enacted.
An Act for encouraging the fixing out of Armed Vessels, to defend the sea-coast, &,c, having been read a third time, Voted, That the same be enacted.
Vote for paying the abstract of Captain Clement's Roll, for soldiers inlisted out of his Company for Canada, amounting to £51 18s. 1d., and ditto for Captain Brown's, amounting to £16 7s. 5d., brought up, read, and concurred, and order made out.
Vote for Major Jonathan Child to receive out of the Treasury £50, to buy Ammunition, he to give security therefor, brought up, read, and concurred, and warrant made out.
An Act for regulating Marriages, &c, having been read a third time,
Voted, That the same be enacted.
Vote for Colonel Nicholas Gilman to keep a Guard at the Powder-House in Exeter, brought up, read, and concurred.
Vote proportioning the 1500 men to be raised for Canada in the following manner, viz: Colonel Whipple's Regiment 115, Colonel Evans's 150, Colonel Moulton's 88, Colonel Gilman's 163, Colonel Ashley's 100, Colonel Bellow's 73
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