nor, Samuel Emerson, Esq., and Colonel Hurd, be recommended to inlist the Companies, muster, pay them, and deliver Commissions to the persons chosen Officers by the Soldiers. And it is further recommended that Colonel Hurd be appointed to give orders to the several Companies, from time to time, about their scouting route, &c.
"M. WEARE, Chairman"
The following Vote of Council was brought down from the honourable Board, viz:
In Council, June 28, 1776.
"Voted, That General Nathaniel Folsom, Colonel Matthew Thornton, and Ebenezer Thompson, Esq., be a Committee, to join a Committee of the honourable House, to report their opinion on the state of Colonel Morey's Account, and in particular concerning goods and stores in his hands—whether the Colony had best receive them or not, and thereby determine the expediency of his having an order on the Treasury for money."
The above Vote of Council read and concurred, and Captain Prentice, Captain Harriman, Captain Moulton, Captain Simonds, and Colonel Evans, are added on the part of the House.
Voted, That the Officers appointed to inlist the Regiment now destined for Canada, have liberty to inlist such men, now in the service of this Colony at New-Castle, as see fit to inlist in said Regiment destined for Canada; and that Colonel David Gilman, commander of said Regiment at New-Castle, be forthwith informed of this Vote, and that he, and his Officers under him, have leave to recruit such number of Soldiers as shall so inlist out of said Regiment.
Adjourned for ten minutes.
Met according to adjournment.
Voted, That the several Mustermasters appointed to muster the several Companies destined for Canada, immediately repair to their several places of destination, and muster whatever Troops are inlisted by the several Recruiting Officers, and return to this House a Roll of such Soldiers so inlisted, and to what Regiment they respectively belong, on or before Wednesday night next week.
Voted, That if any or either of the several Recruiting Officers appointed to inlist the Soldiers destined for Canada, shall represent to any or either of the Mustermasters appointed to muster their respective Companies, and resign their respective claim to the command of such Company respectively; and any other respectable man shall raise such Company, and cause them to be mustered by such Mustermaster, that then the said Mustermaster may proceed to pay off such Soldiers, in the same manner as if inlisted by such Inlisting Officer.
Adjourned to eight o'clock, to-morrow morning.
Saturday, June 29, 1776.
The House met according to adjournment.
Voted, That Mr. Richard Champney be sent express to General Ward, in Boston, and make application to him to replace to this Colony the quantity of Powder furnished and lent to General Washington last year, for the use of the Continental Army; and in failure of that, that he be empowered to borrow, for this Colony, thirty or forty barrels of Powder, for the present urgent necessity; and if that cannot be obtained, either from General Ward or the Massachusetts Assembly, that he propose an exchange of Saltpetre, as much as can be spared from our present stock, for Powder, on the best terms he can; and also to purchase Powder from any private hands, if to be procured; and that he be directed to inquire for, and purchase a number of Firearms in Massachusetts, if any can be had, and immediately to forward the same to Exeter, as soon as may be.
Voted, That Jonathan Hale, Esq., of Haverhill, in this Colony, have and receive out of the Treasury £200, for the purchasing Firearms for the use of the inhabitants of the Towns of Haverhill and Bath, at Cohos, he giving security to the Treasurer to replace the said sum in the Treasury when called for; and that the President give order accordingly.
Voted, That Jonathan Hale, Esq., of Haverhill, in this Colony, have and receive out of the Colony stores, two barrels of Powder for the use of the inhabitants of Haverhill and Bath, to be by him accounted for; and that the President give order accordingly.
Voted, To choose a Committee of this House to join a Committee of the honourable Board, to take under consideration the several Petitions of the Towns of Plymouth, Campton, Thornton, Haverhill and Bath, concerning Arms and Ammunition, and to make report thereon as soon as may be; and that Captain Caleb Page, Daniel Brainard, Esq., and Captain Harriman, be the Committee of this House for that purpose.
Voted, To choose a Committee of this House to join a Committee of the honourable Board, to confer upon the expediency of raising or adding to the Bounty of the Non-Commissioned Officers and Soldiers of this Colony for Canada, and to report thereon as soon as may be; and that Doctor Dearborn, Captain Moulton, and Colonel Evans, be the Committee of this House for that purpose.
Which Committee, being joined by a Committee of the Council, reported as their opinion, that an addition of 38s. is necessary on this occasion.
Voted, That there be added to the Bounty already given to the Non-Commissioned Officers and Soldiers of this Colony destined for Canada, the sum of 38s. each.
Vote to give £3 for all good new Firearms, agreeable to a former Vote, for one year from this time.
Voted, That Mr. Stephen Seavey have and receive out of the Treasury £10, to be by him accounted for; and that the President give order of payment.
Adjourned to three o'clock, P. M.
Met according to adjournment.
The Speaker being absent,
Voted, That Nathaniel Sartel Prentice be Speaker pro tempore.
Voted, That Mr. Richard Champney receive out of the Treasury £200, for the purpose of purchasing Firearms and Powder, and to be by him accounted for; and that the President give order for payment accordingly.
An Act concerning Marriages, &c., was read a third time, and passed to be enacted.
An Act to regulate Taxation was read a third time, and passed to be enacted.
An Act empowering Selectmen, &c., to bind out poor persons, &c., was read a third time, and passed to be enacted.
The following Vote was sent down from the honourable Board, viz:
"Colony of New-Hampshire, in Council, June 29, 1776.
The Council having taken into consideration the complaint of Samuel Penhallow, Esq., that he had, as a Civil Magistrate of this Colony, on a complaint made to him in said capacity, issued a warrant against a soldier in Colonel David Gilman's Regiment, for a flagrant breach of the peace, applied to said Colonel Gilman for assistance, to bring the offender to justice; 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 that effect:
"Voted, That it is the opinion of the Board that the said Colonel David Gilman is ignorant of the laws and received rules and regulations always practised in the English Constitution; and the military power setting up an authority uncontrollable by the Civil Magistrate, is subversive of the laws, rights, and privileges of Englishmen, and what our present inveterate enemies never attempted; and that Colonel David Gilman be summoned to appear before the General Assembly forthwith, to answer for his conduct."
The above Vote of Council being read and considered,
Voted, That the same be concurred.
Adjourned to Monday next, at three o'clock, P. M.
Monday, July 1, 1776.
The House met according to adjournment.
An Act for establishing the style of Commissions, and for altering the style of Writs, &c., was read a second time.
Voted, That General Nathaniel Folsom be directed to deliver to Colonel Henry Gerrish one hundred pounds weight of Powder out of the Colony stores, and take his
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