WHEREAS the well ordering and regulating of the militia of the colony, is become an object of the greatest importance to the preservation of the lives and liberties of its inhabitants. And WHEREAS the Continental Congress held at Philadelphia on the 10th day of May last, taking into consideration of the necessity of such a regulation, having recommended the same to the inhabitants of the associated colonies. And WHEREAS this Congress on the 9th day of this instant August, by several resolutions, recommended to their constituents the expediency of forming themselves into companies, and choosing their officers in the manner following.
RESOLVED. That it be recommended that every county, city, manor, town, precinct and district, within this colony, (where the same is not already done) be divided into districts or beats, by their respective committees, in such manner that out of each may be formed, one military company, ordinarily to consist of about eighty three able bodied and effective men, officers included, between sixteen and fifty years of age. (The battalion commanded by Col. Lasher, the companies of artillery, light horse and hussars, in the city and county of New York, and the troops of horse, companies of grenadiers, and associated companies, already formed in the several cities and counties within this colony excepted.)
Resolved secondly, That in each company so to be formed, that be chosen (in the manner herein after mentioned) one captain, two lieutenants, one ensign, four serjeants, four corporals, one clerk, one drummer, and one fifer.
Resolved thirdly, That two committee men at the least, attend in each district or beat, on a day to be appointed, for the purpose of choosing the above mentioned officers, who shall be persons within such district or beat, who have signed the general association recommended by this congress.
That such choice of election be made in the manner following, viz. After the company is drawn up, the committee men who preside at the election, may repair to a station at some convenient distance from the company, then let the men pass in a single file between then, each man giving in the name of the person he chooses to fill the office in question; the majority of such votes to determine the election: But in case the votes should be so divided, that no one has the majority, then the presiding committee men to acquaint the company therewith, and call them to a new election; the same to be repeated till such majority be obtained, or the company agree upon some other mode of choosing the officers. The names of the captains, lieutenants and ensigns so chosen to be returned with all convenient speed, to this or some future provincial congress of this colony, or during their recess, to the committee of safety to be commissioned by them.
Resolved fourthly, That whenever a vacancy shall happen, in any company by the promotion, death, or resignation of an officer, such vacancy to be filled up in the before mantioned manner.
Resolved fifthly, That those companies in the above battalion, commanded by Col. Lasher, which are now under the direction of field officers, shall for the future, be commanded by Captains, who are to be chosen in the manner aforesaid.
Resolved sixthly, That for the purpose of completely carrying into execution the recommendation of the Continental Congress, after the whole militia is formed as above, every fourth man of each company be selected for minute men, of such persons as are willing to enter into this necessary service. That the officers of the militia make with all convenient speed, a return of the names of those persons to the committee of their respective counties, who shall thereupon arrange those men into companies, and who are to recommend to such new arranged companies, the choice of their officers in the manner above mantioned, provided that where whole companies offer their service as minute men, they shall be commanded by the officers already chosen, and the remaining number of minute men shall be completed out of the other companies as above.
Resolved seventhly, That the several committees do return to the Secretary of the Provincial Congress of this colony, the names of such persons as do refuse to conform to the above resolves.
I. That the several companies so form'd, be joined into regiments, each regiment to consist of not less than five or more than ten companies (the battalion commanded by Col. Lasher excepted.)
II. That a Major General be appointed and commissioned by this Congress to command the militia of the colony of New-York.
III. That one Colonel, one Lieutenant Colonel, and two Majors, and Adjutant and Quarter-Master, be commissioned by this Congress for each regiment.
IV. That the militia of this colony be formed into brigades, in the following manner, to wit.
The militia of the city and county of New-York, of the counties of King's and Richmond, }One brigade.
The militia of the city and county of Albany, and county of Tryon, }One other brigade.
The militia of the counties of Dutchess and Westchester, }One other brigade.
The militia of the counties of Ulster and Orange, }One other brigade.
The militia of the counties of Queen's and Suffolk, }One other brigade.
And the militia of the counties of Charlotte, Cumberland, and Glouster, }One other brigade.
V. That a Brigadier General, with a Major or brigade be commissioned to the command of each brigade.
VI. That every man between the age of sixteen and fifty, do with all convenient speed furnish himself with a good musket, or firelock, and bayonet, sword, or tomahawk, a steel ram-rod, worm, priming-wire, and brush fitted thereto, a cartouch box containing twenty three rounds of cartridges, twelve flints, and a knap-sack, agreeable to the directions of the Continental Congress; under the forfeiture of five shillings for the want of a musket, or firelock; and of one shilling for the want of a bayonet, sword, or tomahawk, cartridge box, cartridge or bullet, the whole to be judged of and determined by the Captain, or next commanding officer. That every man shall, at his place of abode, be also provided with one pound of powder, and three pounds of bullets, of proper size to his musket, or firelock.
VII. That each company (not minute men) do meet the first Monday in each month, and spend at least four hours in each of the said days to perfect themselves in military discipline. Provided that if the commissioned officers of any company shall judge it inexpedient to meet on that day, they have the power to put off the meeting to some other day, notifying the company thereof.
VIII. That the Colonels and commanding officers of each regiment, do assemble and exercise their respective regiments at least two days in every year, at some convenient place to be fixed upon by the Field Officers.
IX. That the several companies of horse already formed and to be formed in this colony, shall be under the direction of the Colonel of the regiment where their respective Captains do reside, and be considered as part of such regiment; that the officers and privates shall assemble as often as by these regulations it is required of the companies of foot (not minute men) and be subject to the same penalties and forfeitures for non-attendence: - That every soldier belonging to the horse, shall with all convenient speed provide himself with a good servicable horse, not less that 14 hands high, with a good saddle, bridle, holsters, housing, breast plate, and crupper, a case of pistols, a sword or hanger, one pound of gun powder, and three pounds of sizable bullets, a pair of boots with suitable spurs, and a carbine well fixed, with a good belt, swivel and bucket; under the penalty of 10s. for the want of a sizable horse, and 5s. for the want of each or either of the articles of the troopers furniture. And also, that every trooper be provided at their respective places of abode with one pound of gun powder, and three pounds of bullets.
X. That in case any person shall refuse, or neglect to serve as Serjeant, Corporal, or Drummer in any company, being thereunto requested by the Captain, or commanding officer, so shall refuse, or neglect to warn the men to appear under arms, when required by the Captain or commanding officer, shall for every such neglest, forfeit the sun of 40s.
XI. That all officers commissioned by this Congress, do subscribe to the following declaration, -WE the subscribers, the officers of the ___________ Battalion, or regiment, in the county of __________ and colony of New-York, do hearby promise and engage, under all the ties of religion, honour, and regard to our country, that we will respectively duly observe and carry into execution, to the utmost of our power, all and every the orders, rules, and recommendations made, or to be made by the Continental Congress, and the Congress or Convention of this colony. That we will also give, in our respective ranks, due obedience to the regulations by them established, for the forming of the militia in this colony; as also due obedience to such officers, who either by rank, or superiority are placed above us, in such order as is directed by the said Continental or Provincial Congress.
XII. That the following penalties be inflicted on those who do not attend and obey orders on the days appointed for exercise, not having a reasonable execuse, to be allowed of by the officer commanding, to wit, a Colonel £ .5. a Lieutenant Colonel £ .4. a Major £ .3. Captain £ .2. Lieutenants and Adjutants 30s. each, Ensign and Quarter Master 20s. each, Serjeant, Corporal, Drummer, Fife, and privates 10s. each, for the first default, and double for the second; and in case any person make default three times successively, or refuses to inlist and do duty, such person shall be advertised and held up as an enemy to his country. All fines under the degree of a Captain, to be levied on the good and chattels of the offender, by warrant from the Captain, directed to a Serjeant of his company; and those of a Captain, and all Field Officers under the degree of a Colonel, to be levied on the good and chattel of the offender, by warrant from the Colonel of the regiment, directed to the Adjutant; and those of a Colonel, by warrant from a Brigadier General, directed to the Major of Brigade; and for want of the goods and chattels, to take the body of the offender, and him keep in safe custody until such fine, together with the charges be paid.
The monies arising by the fines in any company, to be applied by the Captains (after paying for drum and fife for the company) towards purchasing arms, ammunition and accoutrements for such persons in such company, as are unable to furnish themselves. - The monies arising by the fines of Field Officers (after paying for a set of colours for each battalion) be equally divided between the several companies for the above mantioned use.
XIII. That the members of his Majesty's Council, Judges of the Supreme Court, of the Vice Admiralty Court, of the Mayor's Courts, and Inferior Courts of Common Pleas, his Majesty's Attorney General, Secretary of the Province, or his Deputy, Clerks of the Courts, the Collector, Comptroller, Naval Officer, and Searcher and Surveyor of his Majesty's Customs; Ministers of the Gospel, Physicians, and Surgeons, Members of the Continental Congress. of the Provincial Congress, and of the several Committees, while immediately engaged in the public service; - Sheriffs, Gaolers, all ferry-men, one miller to each mill, and the people called Quakers, be excused from military duty, except in cases of invasion. And that in case of invasion in any part of this colony, the Physicians and Surgeons there, or such of them as shall be directed by the officer commanding the militia (that shall march to oppose the enemy) shall attend with proper medicines, instruments, and other necessities to take care of the sick and wounded.
XIV. That the commissioned officers of each company of minute men, form their companies into four sub-divisions, in such manner as they shall think most convenient for their frequent meetings; the sub-divisions under their respective officers to meet once in every week, and to employ half a day, or at least four hours each time, in perfecting themselves in military discipline, the whole companies to meet once every fortnight, to spend the same time for the same purpose. That the several companies of minute-men be formed into regiments, to consist of about seven companies each, that there be commissioned by this Congress to each regiment, one Colonel, one Lieutenant Colonel, and two Majors, and Adjutant and Quarter Master.
XV. That those regiments be formed into brigades, each brigade to consist of about ________ regiments __________________ That there be commissioned by this Congress, to each brigade, one Brigadier General officer of superior, or equal rank be prefered.
XVI. That the whole body of minute men shall be under the direction of the Major General, appointed by this Congress, while within the colony, unless a Continental officer of superior, or equal rank be present.
XVII. That the minute men when called out in defense of their country, shall be subject to the articles of war established by the Continental Congress; and be intitled, to the same allowance as to pay and provisions, with the Continental forces; and to be under the direction of the commander in chief of those forces.
XVIII. That they be subject to the like penalties and forfeitures for not attending on the days appointed for exercise, as above mentioned, and said fines to be levied and applied as above directed.
XIX. That in case of an alarm, invasion, or insurrection, every subaltern and soldier, is immediately to repair, properly armed and accoutred to his colours, or parade (which parade shall be understood to be the habitation of his Captain, unless otherwise ordered. And the Captain, or commanding officer of the company nearest to the place where such invasion or insurrection shall be, shall immediately march his company to oppose the enemy, at the same time send off an express to the commanding officer of the regiment, or brigade to which he belongs, who is to march with the whole, or part of the militia under his command, as he shall judge necessary, and use all possible diligence to prevent the enemy from landing, or penetrating into any part of the country, and to quell every insurrection.
And also to send immediate intelligence to the Major General, and to the commanding officer of the counties adjacent, informing them of the strength and motions of the enemy.
That every officer, non-commissioned officer, and private, who shall neglect, or refuse to perform his duty in this case required, shall be adjudged by a general court martial.
XX. That at least twice in every year, the Captains, or in their absence the next commanding officer of every company of militia, as well of the minute men as others, shall deliver to the Colonel of the regiment, a true and complete roll, containing the names of all the men belonging to his company, under the penalty of £ .2. to be recovered and applied as is herein before directed; and the Colonels of the regiments shall within one month after the reciept of every such roll, deliver, or send a copy of every such roll to the Brigadier General of the brigade to which he belongs, who is directed to send the same, or a copy, to the Major General of the colony.
XXI. That in case of an alarm, or invasion, the officer commanding in each district, shall leave a proper detachment of his company to guard against the insurrection of slaves, or if judged more expedient and safe, may take the slaves, or part of them with him, and employ them in carrying baggage, drawing cannon, or the like.
XXII. That all persons, as well as minute-men as others, able to bear arms, who shall leave, or attempt to leave a place actually invaded, without leave of the officer commanding such place, or who shall refuse to obey order in time of actual invasion, or insurrection, shall be liable to such punishment as shall be inflicted by a court-martial.
XXIII. That in case it shall be judged necessary at any time and place by this Congress, by the Committee of Safety, or by the several Committee's of the respective counties, or districts, that a military watch be established. All persons able to bear arms where such watch is judged to be necessary, shall, upon due warning, be obliged to serve on such watch under the penalty of 12s. for every neglect; a commissioned officer in turn to mount such guard in person, under penalty of 40s.
XXIV. That every centinal who shall leave his post, or be found asleep where he is posted, shall be liable to such punishment as shall be inflicted by a court-martial.
XXV. That when the militia, as well minute-men as others, in case of invasion, or insurrection, shall be called out on actual service, they shall be subject to the same rules and orders, as directed and ordered by the Continental Congress of the associated colonies, held at Philadelphia, on the 10th day of May last, for the better goverment of the Continental troops.
By Order,
Attest.
John McKesson, } Secretaries,
Robert Benson,