The New-Jersey gazette — Burlington [N.J.], 1778-10-28 00:00:00, page 1

NEW-JERSEY GAZETTE.
That every commander of any ship of war or arm
ed vessel, commissioned officer, warrant officer, ma
rine or seamen belonging to the United States of A
merica, who shall lose a limb in any engagement in
which no prize shall be taken, or be therein otherwise
so disabled as to be rendered incapable of getting a
livelihood, shall receive, during his life or the conti
nuance of such disability, the one half of his monthly
pay from and after the time that his pay as an officer
or marine, or seaman ceases; to be paid as-herealter
mentioned. But in case a prize shall be taken at the
time such loss of limb or other disability shall happen,
then such sum, as he may receive out of the net pro
fits of such prize, before a dividend is made of the
fame, agreeable to former orders of Congress, shall
be considered as part of his half pay, and computed
accordingly:
That every commissioned officer, non-commiffion
cd officer, and private soldier in the army, and every
commander, commiflion officer, warrant officer, ma
rine or seaman of any of the ships of war, or arm
ed veflels belonging to the United States of America,
who shall be wounded in any engagement so as to be
rendered incapable of serving in the army or navy,
though not totally disabled from getting a livelihood,
shall receive such monthly sum as shall be judged a
dequate by the assembly or other representative body
of the state where he belongs or relides, upon appli
cation to them for that purpose, provided the fame
doth not exceed his half pay.
Provided that no commissioned officer, non-com
mifhoned officer and private soldier in the army, com
mander, commission officer, warrant officer, marine
or seaman of any of the ships of war or armed vessels
belonging to the United States of America, who shall
be wounded or disabled as aforefaid, shall be entitled
to his half pay or other allowance, unless he produce
to the committee or officer appointed to receive the
fame in the state where he relides or belongs, or to
the assembly or legislative body of such state, a cer
tificate from the commanding officer, who was in the
fame engagement in which he was so wounded, or in
case of his death, from some other officer of the fame
corps, and the surgeon that attended him, or a cer
tificate from the commander of the ship of war or
armed vessel engaged in the action in which any offi
cer, marine or seaman received his wound, and from
the surgeon who attended him, of the name of the
person so wounded, his office, rank, department, re
giment, company, ship of war, or armed vessel to
which he belonged, his office or rank therein, the na
ture of his wound, and in what action or engage
ment he received it:
That it be recommended to the fevcral assemblies or
legislative bodies of the United States of America, to
appoint some person or persons in their refpe&ive
fates, who shall receive and examine all such certi
ficates as may be presented to them, and register the
fame in a bock, and also what fuppoit is adjudged by
the assembly or legislative body of their date to thole
whose case requires but a partial fuppoit, and also of
the payment from time to time of every half pay and
other allowance, and of the death of such disabled
person, or ceasing of such allowance, and shall make
a fair and regular report of the fame quarterly to the
Secretary of Congress or Board of War, where a Sepa
rate record shall be kept of the fame;
That it be recommended to the assemblies or legi
slative bodies of the several states, to cause payment
to be made of all such half pay or other allowances
as shall be adjudged due to the persons aforenamed,
on account of the United States.
Resolved, That every commissioned officer, non
commissioned officer and private soldier, who mail
lose a limb in any engagement, cr be lo disabled in
the service of the United States of America, as to ren
der him incapable afterwards of getting a livelihood,
shall receive during his life, or the continuance of
such disability, the one half of his monthly pay from
and after the time that his pay as an ollicer or loldicr
ceases; to be paid by the committee as hereafter
mentioned :
WHEREAS, in the couife of the pre
sent war, some commissioned and
non-commiflioned officers ot the
army and navy, as alio private
soldiers, marines and seamen, may
lose a limb, or be otherwise so
disabled as to prevent their serving in the army or na
vy, or getting their livelihood, and may fund in need
of relief:
Provided that all such officers and soldiers that may
be entitled to the aforefaid pension, and are found to
be capable of doing guard or garrison duty, fliall be
formed into a qorps of invalids, and fubfed to the
[Vol. I.]
In C ON GRES S, August 26, 1776.
WEDNESDAY, October 28, 1778.
said duty ; and all officers, marines and seamen ofthe
navy who shall be entitled to the pension aforefaid,
and shall be found capable of doing any duty on board
the navy or any department thereof, Ihall be liable to
be so employed.
In CONGRE SS, September 25, I77^°
WHEREAS Congress by a resolve, pafied on the
26th of August, 1776, made proviiion for commifli-
Gned and non-commissioned officers of the army and
navy, as also for private soldiers, marines and seamen,
who Should thereafter lose a limb in any engagement,
or be otherwise so disabled in the service ot the United
States of America, as to render them incapable after
wards of getting a livelihood : And whereas divers
officers and others have loft limbs, or been otherwise
disabled as aforefaid, before the laid 26th of August,
to whom the like relief ought equitably to be ex
tended ;
Refolded, That all provisions and regulations con
tained in the said refolvc ot the 26th ot August, 1776,
shall extend to all persons who loft a limb, or were
otherwise disabled as aforefaid, in the service of the
United Colonies or States of America, before the laid
26th of August, and Since the commencement of hos
tilities on the 19th of April, 1775.
And whereas doubts may arise in tome cases, whe
ther certain persons maimed or disabled, and claim
ing penlions, were at the time in the service of the said
Colonies or States: For removing the fame,
Refolded, That every commissioned and non-com
missioned officer and private man, who, since the
commencement of hostilities as aforefaid, has been,
or hereafter shall be drawn forth for the common de
fence (and not for the service of any particular state)
or who has turned out, or ihall hereafter turn out vo
luntarily to oppose the enemies of the said United Co
lonies or States, upon any hidden attack or invasion,
or upon any enterprize carried on under their autho
rity, and in such service has loft, or ihall lose a limb,
or has been, or Ihall be otherwise disabled as aforefaid,
shall be entitled to the pension allowed in the said re
solve of the 26th August, 1776.
Provided that any such commissioned or non-ccm
miffioned officer or private men, being found capa
ble of doing guard or garrison duty, ihall be Subject
thereto, and serve in the corps of invalids when re
quired, or on refuting so to do, shall be struck off the
lift of pensioners, unless the person so refuting have a
family, or be otherwise peculiarly circumstanced ;
and the governor or president and council of the state
he belongs to, or in which he resides, are of opinion an
exception should be made in his favour, and an ex
emption granted him from such service, a certificate
of which opinion he ihall produce previous to his re
ceiving his pension.
And whereas it may happen that many persons
maimed or disabled as aforefaid, by reason of tkir
failing into the hands of the enemy, the deaths of their
officers and surgeons, or other accidents, may not
have it in their power to procure the certificates re
quired by the afore-mentioned resolve, to entitle them
to their pensions:
In C ONGRES S, October 20, 1778.
WHEREAS by a resolution of Congress of the 22d
of April, 1777, it is provided " That the several com
manding officers of parties, detachments, or corps,
on their march to or from the camp, shall fend to the
military hospitals such of their officers and soldiers as
from time to time aic unable to proceed, unless from
the didance of the hospitals, or other causes, it shall
at any time be necefiary to deliver them to the care of
private physicians or surgeons; in which cases, the
Deputy Director General shall difeharge the reason
able demands of the physician and surgeon conduct
ing agreeable to thf laid resolve." And whereas no
proviiion is therein made for difeharging the accounts
of other persons, who have been or may be employ
ed, by proper officers, for taking care of, and pro
viding for such officers and soldiers,
Refolded, '1 hat the Deputy Director General be
refpe&ively authorized and inftruded to difeharge
such ot the said accounts as fliall appear to be reason
able and just, provided that each person, who may
hereafter be employed to provide for officers and fol
Refolded, That in such cases applicatioß be made to
the governor or prehdent and council of the state, to
which any person maimed or disabled as aforefaid be
longs, or in which he resides, and upon Ihewing to
him or them fatisfattory proof, that he was maimed
or disabled in the manner bcfoie mentioned, and pro
ducing his or their certificate thereof, he shall be en
titled to and receive a pension in like manner as it he
produced the certificates required by th. said resolve.
Extract from the minutes,
CHARLES THOMSON, Secretary.
THE
diers as aforefaid, shall give the earliest notice there
of to the Deputy Director General, or the Physician
or Surgeon General of the district, in order for their
Speedy removal to the military hospitals.
Extract from the minutes,
CHA. THOMSON, Sec.
A LETTER from David Franks, Esq. Commissary
of Britiih prisoners, to Moses Franks, Esq. of Lon
don, enclosed under cover to Captain Thomas Moore
of Gen. De Lancey's regiment, was laid before Con
gress ; whereupon resolved, That the contents of the
said letter manifeft a disposition and intentions inimi
cal to the Safety and liberties of the United States;
and that Mr. Franks, having endeavoured to trans
mit this letter by health within the Britiih lines, has
abused the confidence reposed in him by Congress,
to exercise, within the jurisdiction of these states, ths
office of Commissary to the British prisoners
Refolded, That General Arnold be directed to cause
the said David Franks forthwith to be arrested and
conveyed to the New jail in this city, there to be con
fined until the farther order of Congress.
Refolded, That David Franks, Esq. be not, after
the tenth day of November next, permitted to exer
cise, directly or indirectly, the office of Commissary
to the British prisoners within the jurisdiction 01 the
United States.
Refolded, That General Washington be directed
to transmit a copy of these resolutions to Sir Henry
Clinton, and to inform him that Congress desire he
will nominate a proper person, who, having received
their approbation, may exercise the office of Com
missary to the British prisoners.
Extract from the minutes,
CHARLES THOMSON, Secretary.
Art. 7. Ihey shall not pay any other duties to his
Most Christian Majesty than those which have been
paid to his Britannic Majesty, without other duty op
Art. 6. The inhabitants, also the religious, shall
be maintained in the poffeflion of their property, and
the enjoyment of their possessions, moveable or im
moveable, noble and ignoble, of what nature or kind
foeyer they may be, and they shall be preferred and
maintained in their privileges, rights, honors and ex
emptions; and the free mulattoes and negroes in
their liberty.—Granted.
By Capt. Strong, in a short passage from St. Eu
ftatia, we have received the following important in
tclfgcncc, viz.
Art. 4. The inhabitants of the island shall evacuate
their poits with all the honors of war, that is to fay,
two field-pieces, their arms, baggage and colours,
drums beating and matches lighted.—Granted.
Art. 5. The inhabitants Ihall have their civil go
vernment, their laws, ' customs and ordinances; jus
tice fliall be administered by the fame persons who
are now actually in office; and what refpeds the in
terior police of the island; will be arranged between
his Most Christian Majesty's Governor and the inha
bitants. And in case the island should be ceded to
the King of France at the peace, the inhabitants will
then have it in their choice, to keep their political
government, or to accept that which is established in
Martinique ard the French Islands.—Granted: Un
til peace take place.
Art. 2. That the regular troops, consisting of fix.
officers and ninety-four men, including warrant offi
cers, soldiers and caimoniers, shall be transported to
England, by the Shortest rout, in a good vessel, with
Sufficient provisions for the voyage, or may remain
hero on their parole.—Granted; On condition they
shall not serve against the King of France until ex
changed ; but officers only may icmain on their pa
role, and not the soldiers.
Art. 3. That the officers and others fnall have liber
ty to tend their wives and children to the English
islands, by the Sherteft rout, and they fliall be 'fur
nished with a good vessel, and fufficient provisions for
the passage.—Granted.
ARTICLES ts CAPITULATION between the Mar
quis De Bouille, General of the French Windward
IJlands, belonging to bis Most Chrifian MajeJly, and
Governor Stewart, Commander in Chief, and the in
habitants oj the Island of Dominica, belonging to bis
Britannic Majefy.
Article r i'HAT wethe governor, flaff officers, off-
I. T X cers ofthe troops and soldiers, will march
out witli one mortar, two field-pieces, and ten rounds
for each piece, our arms, baggage, and all the honors
of war. Granted : That the garrison do march out
with- all the honors of war, and muff lay down their
arms then, officers excepted.
PHILADELPHIA, October 17.
In CONGRESS, October 21, 1778.
[Numb. 47.]