At the General Assembly of the Governor and Company of the English Colony of Rhode-Island, and Providence-Plantations, in New-England, in America; bugun in Consequence of Warrants issued by his Honor the Governor, and holden at Newport in said Colony, on Wednesday the Tenth of August, 1757, and in the Thirty-first Year of the Reign of His Most Sacred Majesty GEORGE the Second, by the Grace of GOD, King of Great-Britain, and so forth.
An ACT for raising One Sixth Part of the Militia in this Colony, to proceed immediately to Albany, to join the Forces which have marched to oppose the French near Lake George.
WHEREAS a Number of Men is demanded of this Colony by the Commanders of His Majesty's Forces near Lake George, for the Relief of Fort William-Henry, which is invested by a large Body of French and Indians.
In Compliance with said Demands, and to the End that every Thing in the Power of this Colony may be done for the Preservation of the Country,
BE it Enacted by this General Assembly, and by the Authority of the same, It is Enacted, That One Sixth Part of the whole Militia of this Colony, be forthwith raised and sent to Albany with all possible Dispatch, to be under the Command of the Commander in Chief of His Majesty's Forces near Lake George, and to continue in the Service as long as the immediate Preservation of the Country requires their Stay there, and no longer; and the said Men shall be formed into a Regiment, and shall be commanded by one Colonel, two Lieutenant Colonels, one Major, and one of the Commission Officers of the respective Companies in this Colony.
AND for the more easy and expeditious raising said Men, Be it Enacted by the Authority aforesaid, That his Honor the Governor forthwith issue his Warrants to the proper Officers, to call together all the Companies of Horse and Foot in this Colony, on or before Monday the fifteenth Day of this Instant August, at Twelve of the Clock on said Day, at one Place of Rendezvous, in
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each respective Town: And all the following Officers shall be included in the Lifts out of which said Sixth Part is to be drawn, that is to say; all Fence-viewers, Supervisors of Highways, Field-drivers, Pound-keepers, Constables, Wood-corders, Sealers of Leather, Viewers of Hoops, Staves, and Heading, and Gaugers, not otherwise excused by Law.
AND be it further Enacted by the Authority aforesaid, That the Names of all Persons in the List of each Company, shall be written on a Scroll of Paper, and rolled up, and then put into a Hat or Box, and one Sixth Part thereof shall be drawn (unless the Company agree, that the Commission Officers shall press said Sixth Part) and the Persons whose Names shall be so drawn or pressed, shall go on this Service. Provided Nevertheless, That any Person drawn, who declines going, and shall immediately procure an able-bodied effective Man to go in his Room, shall be excused, but not Person shall be excused without. Provided Also, That no Person's Name be put into the Hat or Box, who thro' Sickness or Lameness cannot go, or who were out of the Government before the Meeting of this Assembly,
AND be it farther Enacted by the Authority aforesaid, That the Commission Officers of each and every Company in this Colony, both Horse and Foot, if they cannot agree among themselves who shall go, shall determin the same by Lot, at the Time of drawing the Men; and the Officer or Officers so drawn, shall be obliged to go in said Regiment.
AND be it farther Enacted by the Authority aforesaid, That any Field or other Commission Officer, who shall neglect to do his Duty, either in calling the Companies together, or otherwise, shall forfeit and pay as a Fine, the Sum of One Thousand Pounds, to and for the Use of the Town in which he resides; to be levied by Distraint of his Goods and Chattels, by the Sheriff or one of his Deputies, by a Warrant from the Governor, Deputy Governor, one of the Assistants or Judges of the Superior or Inferior Courts. And any Person, who being appointed by his Commission Officers to warn in the Company that shall neglect to do his Duty, shall forfeit and pay as a Fine, the Sum of Five Hundred Pounds; which shall be recovered in Manner abovesaid, by the Commission Officers, and be by them paid into the Town Treasury, to and for the Use of the Town. And any Person being duly warned by Beat of Drum, or leaving Notice at their Place of Abode, six Hours before the Time of meeting, which shall be deemed sufficient Warning, who shall not appear at the Time and Place to which he is warned, shall forfeit and pay as a Fine One Hundred Pounds; to be recovered in Manner abovesaid, by the Commission Officers, and paid into the Town Treasury, to and for the Use of the Town. And the several Town Treasurers are hereby authorized and fully impowered to sue and recover of any Commission Officer, any Fine which he shall neglect to levy and pay into the Town Treasury, which by this Act ought to be paid into the same.
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AND be it farther Enacted by the Authority aforesaid, That the Deputies of the several Towns be, and they are hereby impowered to procure at the Expence of the Colony, half a Pound of Powder, twenty Bullets, six Flints, and seven Day's Provision, for each Soldier going upon the present Emergency; and they are farther impowered and directed to hire Horses for the Men, and to procure Arms and all other Necessaries, in like Manner. And if the said Arms, Horses, or any other Necessaries cannot be procured but by an Impress, the Deputies are hereby fully impowered to press each and every Article which they shall have Occasion for, to forward the said Men, they taking and keeping an exact Account of what they shall procure of any Man, that the same may be paid for by the Colony. Provided, that any Deputy who is a Captain, or who on any reasonable Account, cannot attend the above Service, may appoint some proper Person to do the same in his Stead; and said Person so appointed, is hereby requir'd and fully impower'd to perform the same.
AND be it further Enacted by the Authority aforesaid, That any Person, altho' not belonging to the Militia, who shall go in this Service, shall, upon his Return, receive the same Pay or Reward which shall be given to those of the Militia who go.
AND be it farther Enacted by the Authority aforesaid, That John Andrews, Esq; be Colonel, Mr. Joseph Wanton, jun. Lieutenant Colonel, Mr. Henry Babcock, second Lieutenant Colonel, and Mr. Stephen Potter, Major of the Regiment.
AND be it further Enacted by the Authority aforesaid, That each Officer and Soldier, who has a Horse fit to carry him to Albany, shall make Use of his own Horse; and those Persons that have none, shall be supplied with Horses by the Deputies, as above directed. And each Person, whose Horse goes in the present Service, shall be paid for the Use of the same. And in Case any Horse be lost, or any Way rendered unfit for Service, the Owner of such Horse or Horses, shall be paid by the Colony for the same: And for the End aforesaid, the Deputies of the several Towns are hereby directed to cause an Estimate of said Horses to be taken.
AND be it further Enacted by the Authority aforesaid, That each and every Commission Officer, and Soldier, who has a Gun fit for Service, shall make Use of the same, and those who have none, to be provided as above-mention'd. And each and every Officer and Soldier, shall take a Blanket with him, if he has any that can be spared from his Family; if not, to be furnished as above directed.
AND be it further Enacted by the Authority aforesaid, That all the Officers and Men raised in the Counties of Newport, Providence, Bristol, and Kent, do rendezvous at Providence on Tuesday, and march from the same Place on the same Day, as fast as they arrive there. And those Officers and Men who are raised in the
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County of Kings County, are hereby directed to rendezvous at Little-Rest-Hill, in South Kingstown, on said Tuesday, and to march from said Place, in Companies, as fast as they arrive there.
AND be it further Enacted by the Authority aforesaid, That the General Treasurer be, and he is hereby impowered and directed to hire the Sum of Five Thousand Pounds Old-Tenor, and Fifteen Hundred Dollars, for the Purposes aforesaid; and he is also impowered to hire what Money may be necessary for the Support of said Men, during their Continuance in the Service. And the Committee of War is hereby authorized and fully impowered to act and transact all and every Thing or Things, necessary for carrying the above Act into Execution, during the Recess of this General Assembly, with full Power to seize any Provisions, or other Stores, which may be necessary for said Men.
AND be it farther Enacted by the Authority aforesaid, That all Persons who go in this present Expedition, shall be properly rewarded by the Colony for their Services.
AND be it farther Enacted by the Authority aforesaid, That all and every Officer and Soldier, that shall drawn as aforesaid, and order'd to go, or who shall inlist, shall be, and hereby are acquitted and discharged from any Writs of Execution, and Writs of Arrest, until they return again; and their Bail, and Sheriff, shall be acquitted for any Sum whatever.
AND be it farther Enacted, That if there should be any farther Express or Expresses from General Webb, demanding more Men, during the Recess of the General Assembly, that his Honor the Governor, with the Advice of his Council, if they think it necessary, give Orders for the raising and sending forward so many as they shall think proper, in the same Manner (and to be draughted out of the Militia) as those are in this Act: And that all Officers and Soldiers shall be subject to the Orders given by his Honor for that Purpose, as they are by this Act; and for their Neglect or Refusal, shall be subject to the same Fines and Penalties, as is above express'd in this Act.
AND be it farther Enacted by the Authority aforesaid, That Copies of this Act be immediately sent by Express to the first Deputy of the severrl Towns, and to each of the Colonels in this Colony.
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