Morrison's Pensions
John Winn, Tryon County Rangers
by James F. Morrison
The
following article is on Captain John Winn's Company of Tryon County Rangers
which was raised on August 1, 1776 and discharged on March 27, 1777.
On July
23, 1776 the Provincial Congress voted to raise several companies of rangers
for the protection of different counties in the Province of New York. The
following excerpts pertain to the three companies raised in Tryon County. The
three companies were under the command of Captain John Winn, Christian Getman
and Hannes Marcus Demuth.
"That
in like manner & for the same service two hundred and one men be raised
in the County of Tryon to be divided into three companies each to consist of
one Captain, two Lieuts, three Sergeants, three Corporals, and fifty-eight
Privates".
"That
the Officers and Privates furnish themselves each with a good Musket of firelock,
Powder Horn, Bullet Pouch & Tomahawk, Blanket & Knapsack."
Captain
Winn's Company finally mustered on August 28, 1776 and they were troubled from
that time with several of the men fighting with each other, drunkeness, expending
ammunition without orders, disobedience of orders, men not mustering because
they had not received their pay or bounty nor did they want to march out of
the county.
In spite
of these problems the company made scouts to Lake Otsego, Susquehanna River,
Unadilla, West Canada Creek, Philadelphia Bush, Canajoharie, Cherry Valley,
and in October they were on their way to Fort George.
On October
31st they reached the inn of Stephen Vealue near Lake George. While
the men were resting the trouble again started when Jacob Weaver from the German
Flatts began to shoot his musket without orders and refused to stop when Captain
Winn ordered him to stop firing.
Weaver now
began to threaten Captain Winn with bodily harm and during a scuffle Captain
Winn hit Weaver in the stomach with the muzzle of his musket. Weaver
was attended to by Dr. Budd and he said the injury was slight.
Unfortunately
Dr. Budd was wrong and Jacob Weaver died November 2nd.
On the company's return to Tryon County, Captain Winn was relieved of command
of his company and he was arrested and placed in the Johnstown jail. Captain
Winn was later taken to the Albany Jail by order of Colonel John Nicholson
and he was still there on January 15, 1777.
I've found
parts of the courtmartial testimony and Captain Winn's testimony but there
is a lot more missing including the verdict. Captain Winn however, never
acted in a military capacity in the Tryon County Militia after this incident.
First Lieutenant
Lawrence Gross commanded the company during Captain Winn's imprisonment, and
part of the company in February of 1777 with other men from Tryon County Militia
marched to Fort Ticonderoga to build fortifications and a floating bridge across
Lake Champlain.
Muster Roll of Captn John Winn's Company of Rangers Raised in the County
of Tryon and State of New York now in the Service of the said State
of New York Captain John Winn appointed 1st August 1776
Lieutenants
Lourens Gross appointed 1st August 1776
Peter Schremling appointed 1st August 1776
Sergeants
John McCollum apptd 10th Augst 1776
Elias House apptd 12th Augst 1776
James Gueenall apptd 19 Augst 1776
Corporals
Conradt Styne apptd 8 Augst 1776
Gottlieb Snyder apptd 8 Septr 1776
Wm Stensell apptd 20 Septr 1776
Privates
Time of Enlistment |
|
Private |
August 2 |
|
Jacob Lieway |
3 |
|
Johanjost Kremer |
4 |
|
Joannes Reebsamen |
4 |
|
Conradt Fritsher |
4 |
|
Jacob Weaver |
4 |
|
Peter Adamy |
4 |
|
Frederick Seger |
5 |
|
Joseph Freeman, exchanged him for John McDonald |
5 |
|
Johannes Kesslaer |
5 |
|
John Cogdon, exchanged him for Adam Price |
6 |
|
Johannes Countryman |
7 |
|
Nicholas Christman |
7 |
|
Adam Franck, exchanged him for Peter Lampford Senr |
7 |
|
Adam Bellinger |
7 |
|
Joseph Jackson |
8 |
|
Peter Hellegas |
8 |
|
Jacob Timmerman, exchanged him for William Nellis |
8 |
|
John Dingman |
8 |
|
Samuel Stevens |
8 |
|
William Atkins, exchanged him for John House |
8 |
|
Gershom Vander Warke |
8 |
|
James Vander Warke |
9 |
|
John Anthony |
9 |
|
William Roorey |
9 |
|
Christian Shillip |
10 |
|
Frederick Lepper |
10 |
|
Thomas Llump |
11 |
|
Godfried Helmer |
12 |
|
Barent Hornung |
12 |
|
Richard Young |
12 |
|
Josiah Scotten |
12 |
|
Johannes Snyder |
12 |
|
Samuel Kennedy |
12 |
|
Hanjost House |
13 |
|
Richard Johnson |
16 |
|
Christian Nellis |
16 |
|
Nicholas Stensell |
16 |
|
George Bush |
16 |
|
John Pickerd |
16 |
|
Peter Lampford Junr |
17 |
|
John Mabee |
17 |
|
George House |
17 |
|
Felix Mackly |
17 |
|
Josiah Heath |
19 |
|
Abraham Kronckhite |
19 |
|
Ezekiel Leathers |
23 |
|
Daniel Ogden |
23 |
|
Francis Reebsamen |
23 |
|
William Bush |
24 |
|
James Kauch |
25 |
|
James Bratt |
25 |
|
Geo Van Slyck exchanged him for James Hamilton |
28 |
|
Lewis Andrews |
Septr 3 |
|
William Kook |
18 |
|
Jacob Roader in place of Henry Embody |
22 |
|
Thomas Hayes |
NB The alterations made was by Consent of the persons Exchanged who being
unable to undergo the fatigues of the Service they were Ordered upon, procured
those persons in their places; the Alterations in the Corporals, was made
by the parties themselves with my Advice and Consent, those Persons formerly
appointed being unable to Acct not properly understanding their duty.
The Within
Muster Roll I do certifie to be True and Exact State of my Company, and that
the whole Company Since the day of Mustering have been constant Duty and a
Good part of them were upon Different Commands before they Mustered.
Lake Otsego 25th September 1776
John Winn Captain
NB. The alterations made was by consent of the persons exchanged who
being unable to undergo the fatigues of the service they were ordered upon,
procured those persons in their places; the alterations in the corporals
was made by the parties themselves with my advice and consent, those persons
formerly appointed being unable to acct, not properly understanding their
duty.
The within
Muster Roll I do certifie to be the true and exact slate of my company and
that the whole company since the day of mustering have been on constant duty
and a good part of them were upon different commands before they were mustered.
Lake Otsego
25th September 1776. John Winn, Captain
Proceedings of the Provincial Congress, Committee of Safety and Convention of New York Relating to Military Matters
Thursday Morning, March 27th 1777.
Resolved
that the companies of Rangers commanded by Captains Elias Hasbrouc, Jacob Rutsen
DeWitt, Alexander Baldwin, Jacob A. Bradt, Marcus Demotte, Christian Kitman,
John Winn, Joshua Conckey, Isaac Moss and Liet. Gideon Squire be and they are
hereby discharged.
Page 148.
Page
117. July 23, 1776
That in
like manner and for the same service two hundred and one men be raised in the
County of Tryon to be divided into three companies each to consist of one captain,
two lieutenants, three sergeants, three corporals and fifty-eight privates.
That the
officers and privates furnish themselves each with a good musket of firelock,
powder horn, bullet pouch and tomahawk, blanket and knapsack.
Page 724, Nov. 29, 1776
On reading
the letter of Isaac Paris, Esq’r Chairman of the Committee of Tryon County,
dated the 13th inst. informing of the commitment of Capt. John Winn to Tryon
county jail, on a charge of having killed one of his men by a push of the muzzle
of his gun into his belly.
Resolved,
that the Committee of Tryon County have acted prudently and as became guardians
of the lives and liberties of their fellow citizens, in committing John Winn
to confinement for trial.
Resolved,
that the said Captain John Winn be continued in confinement until he shall
be tried in a regular Court of Justice.
Page
936, The subsistence roll of Capt. John Winn’s Company for the
month of February amounting to £131 10s 2d
The payroll
of the said company for the month of February, £203 13 s 2d.
The Subsistence
roll of the said company for March £123 0s 11d.
The pay
roll of the said company for the same month, £197, 13s 4 ¼d.
Tryon County Committee Chamber Nov’r 13, 1776
Page 214
Gentlemen,
It is lamentable
that we have occasion to inform you that Capt’n John Winn stands charged
with killing one of his men by a push with the muzzle of his gun into his belly. Having
examined several witnesses it seems to appear that he is guilty, in consequence
whereof we have thought proper to commit him to Johnstown jail to the case
of the Commanding officer of that post. We therefore pray, that you in
our wisdom, may as soon as possible, give such directions in the premises as
you think proper.
We are gentlemen,
with esteem and respect, your obedient humble servants,
By order
of the Committee. Isaac Paris, Chariman
To the Honourable Convention of the State of New York
Page 118
May 21, 1777.
Resolved,
that Lt. Lawrence Gross of Capt Winn’s Ranging company shall be entitled
to receive the pay of a captain, as long as he has commanded the said company
as Capt. since the confinement and suspension of said Capt. John Winn.
Activities in 1777
Jan 15, 1777 at Albany
Company mustered Augt 28
Lake Otsego, Stone Arabia, Philadelphia Bush and Fort George, Canajoharie.
Oct 28, for Fort Geroge
Oct 31, Crossed Hudson River on a raft.
Jacob Weaver injured.
Some of the pension applications from the men in this company.
Casler, John S.12681
Bush, George S.12355 obtained Wm. Sixberry as a sub, Unadilla and Susquehanna
Rivers, West Canada Creek
Lepper, Frederick W.20447
Casler, Jacob R.1786
Zimmerman, Jacob W.20002 Mentions wearing a yellow cockade for hat.
Lambert, Peter S.22868
Young, Richard S.11923
Pickard, Adolph S.18162 substitute for Votter, John for two weeks
Vanderwerken, Gershom S.10037
Pickerd, John R.822
Journals of the Provincial Congress, Provincial Convention, Committee
of safety and Council of Safety of the State of New York 1775-1777,
Albany, 1842, Vol. I, page 638.
Petition for John Winn, (Petitions 33:670)
To the Humble the Representatives of the State of New York.
The Humble Petition of John Winn, Lately commanding a Company of Rangers
in the Service of the State of New York, Humnbly sheweth that having already
had the honour of presenting a memorial of my unfortunate circumstances of
his excellency Maj’r Gen’l Schuyler who hath referred your petitioner
to your Honours, and having had the Honour of presenting to your Honours
a Memorial of his unhappy situation your Petitioner Humbly prays that your
Honours will take his unhappy misfortunes into consideration and give such
order therein as your Superior Wisdom shall direct, in Order that your Petitioner
may again be Restored to the Liberty of serving his Country, and your Petitioner
as in duty Bound shall ever pray.
Esophus [Kingston] 22d February 1777. John Winn
Petition for John Winn, (Petitions 33:666; Miscel. Pap. 38:461.)
Calendar of Historical Manuscripts Relating to the War of the Revolution,
Weed, Parsons & Company Vol 1, 1868. page 595.
Albany,
15th January, 1777.
Gentlemen: I am thro' unfortunate necessity obliged to make application to
your Honourable by presenting the Inclosed Memorial (which hope you will
be good Enough to take into Consideration) in which have set down some
instances of the behaviour of Jacob Weaver, A Ranger by me Enlisted in
my Company in your Service, beg leave to inform your Honours that
for Fear of Tiring your patience have omitted to mention several Crimes
by him Committed, while under my Command, and also beg leave to assure
your Honours that there is not a single sylable in my Memorial mentioned
but I am ready to prove fully and clearly when thereunto required or when
it shall please your Honourable House to Give order for a
Court of Enquiry or a Court Martial to Enquire into my Conduct, which not
only beg for, but hope your Honours will not be offended at my making demand
of a Court of Enquiry to examine into the Affair and of
a General Court Martial for my Tryal if any is necessary to clear up my
character to an Impartial World. As I have been treated
in an unheard of manner by the Committee of Tryon County who have never
put me under arrest agreeable to the Continental Rules of Warr under which
I am appointed an officer, but instead thereof ordered me to be Close Confined
in the Common Prison in Johnstown, which cannot help thinking is a willfull
mistake in them and bad usage to me, unhappy and unfortunate as I am, whether
I have done wrong or not, in at all times as farr as lay in my power keept
my Company Active on their duty agreeable to my orders received from
the former Committee of Tryon, County, and when not only they but their
relations tho't that they were to be excused from duty on acc't of
their Money's not immediately coming to hand. I advanced them my own money
for their Maintenance and kept them on duty when the other two; Companies
were at home. I say if this is to be accounted a Crime, I have done it,
but hope it will be otherwise looked on. If any of the Rangers in my Company
accused me with missusage or had I wantonly or willfully missused any of
them then should think my Circumstances if possible more unhappy than they
are. Had I ever disobeyed any Commands of the Committee or any other person
or persons having power or authority to Command me, should never dare to
lift lip my voice to ask for that proper support I hope to obtain from
your Honours. 1 ever was and will be obedient in all things to my superiors;
ever have wished for an opportunity to shew with what Readiness I would
lay down my life in my Country's service, and hope that your Honourable
House will never be the Encour-agers of Mutiny or Licentiousness in your
Soldiery more especially in so precarious and necessary Service as that
of Rangers which requires not only the most strict subordination but also
Silence, Interpidity and Courage. I humbly hope your Honours will take
this my most unhappy case into your consideration and give such orders
therein as to your Honours in your superior wisdom shall seem good, and
that I may have Liberty of joining my Company, and no longerly inactive,
but that I may have the honour to lead my Company where both myself and
them may be of some further service to the Country by at least attempting
to destroy some part of the Enemy's Fleet now lying Frozen
up at the North end of Lake Champlain, or else joining
the Army in endeavouring to regain possession of the City of New York
in the doing of which I am will to venture all Hazards and hope your Honours
will see me worthy to be Allowed and beg leave to subscribe myself with
the utmost inspect and fidelity, Honoured Gentlemen, Your most obedient
and Most Devoted Humble Servant. JOHN WINN
To
the Honourable President and Members of thy Convention of Representatives
of the State of New York.
The Memorial
of Captn John Winn Lately Commanding A Company of Rangers in Deffence of American
Liberty, Humbly Sheweth,
Your Memorialist was on the 1st of August last appointed to Enlist and Command
a company of Rangers, which he did in the County of Tryon, and on the 4'b
of same Month Enlisted one Jacob Weaver a Soldier in sd Company.
The 28th Augst
your memorialist in geting sd Company Mustered ordered sdWeaver to pass the
Muster Master which he disobeyed, but as he was present was by the Muster
Master excused.
The 29th
Aug"' was ordered by the Committee to March with the Company to the South-west
End of Lake Otsego. The 30lh of Augst sent a Soldier to Jacob Weaver's House,
order him to Join the Company Which order tho' punctually delivered was by
him disobeyed.
The 5th
Septemr Recd intelligence by Express from John Frey Esq'r Chairman of the
Committee, that he expected Stone Arabia wou'd be Attacked by the Enemy Immediately
and ordering me therewith all Speed with my Company, that night Marched with
my Company all Night thro' the Woods & the next morning readied the Mohawk
River. As Jacob Weaver had disobeyed my orders & not Joined
the Company sent A Soldier the second time to order him to join the Company.
Ho came in the Afternoon without Arms, said his Gim was sent to be repaired.
I advanced him money to pay the Repairs, ordered him to Return to me immediately
when he got his Gium. This he also disobeyed. Instead of doing this he stayed
some days Drunk at the House of Wm Seeber, Esqr as I am since informed.
The 7 Septemr Ordered Lieut. Gross to March out with 20 Men to Lake,
Otsego, and to carry Weaver with him. Lieutenant Gross after some days got
him, but not without Trouble, and Ordered him on a Scooting partv thro'
the Woods to the German Flatts to Return Immediately. When they Arrived
at the German Flatts Jacob Weaver directly in disobedience of Lieut Gross's
orders as well as Contrary and in disobedience of the Officer who Commanded
the Party stayed three days drunk at the House of Capt. George Herkimer.
After your
Memorialist having Ranged the Woods N° East of Stone Arabia with Two partys
of Rangers & found no appearance of an Invasion or Enemy, was
ordered to March with my Company again to Lake Otsego. When I came there
found Jacob Weaver was Left Lieut Gross Contrary to orders. Sent for him.
he stayed untill the 4th of October, when he again Runn away; while your
Memorialist was ordered to attend the Committee. On my return ordered a Soldier
to goe to his House, & order him to Return to the Company. This
he also disobeyed. Some days after sent another Soldier to order him to Return
to his Duty. This he also disobeyed as well as Returning me Threatening and
abusive Answers. The 18th of October Recd intelligence that Gen Schuyler
was apprehensive Ticonderoga and North Frontiers of Tryon County would be
attackted by the Enemy. Tho't it my indispencible duty to bring my Company
to where they might most Readyly be nsefull in defence of the Country and
discovering the Enemy, Hired a Horse And Sent One of the Rangers to order
Jacob Weaver to Join the Company not having returned since the 4th This he
also disobeyed.
The 20th
of October your Memorialist was ordered by the Committee, of Tryon County to
March with his Company to Philadelphia Bush, and from thence Range the Woods
as farr as Fort George, which order your Memorialist received with great pleasure,
thinking it might be a means of gaining an Oppertnuity to Convince the
World it was his greatest pride and happyness of defending with his lifte
the inestimable
Rights of this country. The same day at the House of Gose Van Allstyne at
Conajoharry, a number of the Privates Mutinized, refused to March any further
or do any sort of Military duty until paid of their full Arrears of pay,
nor Bounty.
Your Memorialist
offered them all the money in his possession yet expended in the Maintainance
of them; the Greater Number then Returned to their duty; your memorialist
then received another order from another party of the Committee ordering me
to March my Company directly back again to the house of Wm. Seeber, Esq’r
which did. When arrived there they ordered me to send a party of Men
to bring Jacob Weaver to join the company which I did; after some debate among
them they ordered me to Obey the first order, I had Recd from Caughnawaga,
that night again Marched as farr as Van Allstyne’s Jacob Weaver in the
Night took Opportunity to endeavour to Raise a second Mutiny, advising the
men not to March any further at the same time Swearing if your Memorialist
should Attempt to compell him or any other man in the Company to March out
of the County he wo'ld murder me, as your Memorialist borrowed Ninety dollars
from Brigadier General Herkiemer which together with my own Money not yet expended
in Maintainance of the Company, tho't Sufficient for their present Necessitys
in the Morning of the 22d Septem’r at Gosse Van Allstyne's got the Company
in Rank in order to March. Upon my ordering them to March Jacob Weaver disobeyed,
jumped oat of the Ranks, swore he would do no sort of Military duty, unless
immediately paid his full pay, abusing the other Soldiers, for Cowards and
Rogues for not following his Example, I took his Gun away ordered him to be
Marched in the Rear of the Company a prisoner, when we came to the Ferry
kept by Martin Van Allstyne, sd Weaver asked for his Gunn which was ordered
to be returned to him, give him some Money and a dram, after he got his Gunn,
he told me never to Attempt to take his Gunn from him again or make him. a
prisoner, for if I did, he swore he would shoot me thro' the Heart, to which
I answered him I should never neglect my duty thro' fear of any threats from
him or any other persons, — upon the Road in marching thro' Johnstown
the whole Company was detained by him about Two Hours, tho' your Memorialist
sent two persons to order him two Sundry times under Amis, he disobeyed and
would not appear untill I myself went personally to bring him out of A Tavern
between Johnstown and Philadelphia Bush, he had the Effrontarry. to tell your
Memorialist that it was not worth while for the Americans to attempt to fight
for their Libertys, saying the Country was Sold for a price by those persons
who were at the Head of Affairs, for which I reprimanded him Sharply and cautioned
him not to make use of such Language in future — Upon arrival of the
Company In
Philadelphia Bush, while Shoes, Provisions, &c. were getting ready for
the Company, Jacob Weaver wasted all his Ammunition. In the Morning of the
28th of October when Reddy to March on a Scout to Fort George was obliged
to take from the Soldiers left behind, from each Soldier a little powder
and Ball to make up a sufficiency for sd Weaver before I Marched, give a
very Strict Charge to the Party then going with me to be silent, watchful
and by.no means any of them to Attempt to fire a Gunn without my Espicial
orders or Liberty, yet nevertheless sd Weaver, disobeyed, was noisey and
unrully in the Woods fired off his Gunn Twice while I was standing close
to him Commanding him not to fire.
The 31st
of October in Crossing Hudsons River on a Raft at the house of Mr. Jessop
the Elder, when the Raft was broke by the Negligence of sd Weaver, Your Memorialist
was wet Breasthigh saying sd Weaver's Arms as well as my own dry. That Night
sd Weaver complained of being unwell. I then caused him to ly on a feather
Bed close by the fire which Mr Jessop had provided for me. Bro't up stairs
an arrnfull of Indian Corn Stalks and there lay on them with my Lieutenants.
The next Morning Offered to leave him there along with Wm Roorey another
Soldier who Complained of being also a little unwell, he Refused to stay behind
saying he
was well enough to go to Fort George, taking up his Gunn said ho wou’d
fire her off. I commanded him not to fire. He disobeyed my Orders, Fifed
of his Gunn while I was standing close by him Ordering him
not to fire. A number more of the Rangers were going to follow his example.
I with difficulty restrained them.
Ordered them to March in a Quiet, Silent & Watchful! Manner for Fort
George. When we Arrived at the Five Mile Runn, after allowing
the Soldiers time to take a refreshment I ordered them to turn out and form
in Rank in order to March to Fort George, The Soldiers all Immediately obeyed
except sd Jacob Weaver who disobeyed. When all the Rest were Ready
to March & had waited some time sent a Sergeant to order him again out,
who returned and told me he could not get him out. I went myself to
the House, when I ordered him out he told me he would first Eat Dinner. I
patiently waited until he had done, ordered him out. After some time
found he disobeyed in not coming, that a number more of the Soldiers were
again gone out of the Rank into the House. Ordered the Sergeants to
goe again to the House and order them all out into their Rank; who returned & told
me they would not com out, but disobeyed both my orders and theirs. I
again went myself to the House ordered them all to goe out and goe to their
Respective places in the Ranks, they all Obeyed except Sd Jacob Wearer, who
swore he wou'd first cut his Box full of Tobacco. I then asked him if he
would go with me to Fort George or stay there until my return, he answered
I will goe to Fort George but you must first give me a dram. This I did.
While I was paying for the Liquor I heard a Gunn fired, went out but could
not Learn who Fired — Observed Sd Weaver making Ready to fire off his
Gunn, see and heard one of the Sergeants order him not to fire off his Gunn
but fall into his Rank in order to March. I called to him Twice myself
ordering him not to Fire. He looked at me yet Disobeyed my orders and Fired
off his Gunn. I then again ordered him to goe to his place in the Rank, He
again disobeyed, said he would not go into the Rank, that he stood well Enough.
I repremanded him for firing away his Ammunition as well as disobeying my
orders and ordered him to go immediately to his proper place in the Ranks.
He not only disobeyed my orders but give me abusive language, and to Justine
himself say's when I shot I intended.to have Shott the Head out of yon Barrel
and it does not Signifie your taking so much Command over me I stand well
Enough and will not fall into any other Rank than I now am, tho' will prove
he stood at or near the distance of Ten or Twelve paces in the Rear of the
Ground on which the Rank was formed. I again ordered him to fall into his
Ranke; he again disobeyed giving me the former Ansr I will not &c. I
see he looked angry at me, thought him preparing to advance to Strike me,
on which I pushed at him with my Gunn, not intending to do him the Least
Bodily injury but to oblige him to obey my orders and fall into his place
in tho Ranks. He as soon pushed at me, nocked off a piece of Skin and Flesh
of my Hand, Catched hold on my Gunn, broke the Ramrod and Endeavoured to
disarm me, I disengaged myself and my Arms from him and left him.
He complained
of being Hurted went into the House, while I proceeded on my March to Fort
George, the next Morning was informed he was unable to March. Got Doctor Budd
to goe to see if he was in need of a doctor's Assistance. When the Doctor had
examined him he told me Sd Weaver was not in the Least danger or ill by reason
of any hurt received from me, that as soon as the fumes of Liquor were expelled
from him he wou'd be perfectly well and that Sd Weaver could not dy if [die] he
was to try for it —I nevertheless left a Soldier belonging to the Company
to attend him with a Six dollar Bill and half a Guinea to pay for their maintenance
until Sd Wearer should be able to Return home,—
I now call
Almighty God to Witness, that my Intention or my Heart never meant nor was
never stained with Malice or the least willful intention of doing the man the
Least Bodily injury. Think that if I am blamed with Kilting him, the Charge
is unjustly laid against; me, as will bring good proof that all the while he
lay in Philadelphia Bush he complained of being unwell and unable to-do any
sort of duty, tho' too Stubborn to inform me of it—in the morning before
we Marched from. Philadelphia Bush on the Scout to Fort George he-exchanged
his Beef for Butter with the Woman of the House where he Lodged and Complained
to her that he was unwell and unable to do his duty, and when advised by the
Woman to inform me of his being not well & unfit for duty, told
her no he would not give me the Satisfaction or Honour to ask my Liberty
to stay behind if he shou’d dy on the Road.
Thus happened
this unhappy affair, I not having the Least intention of injuring any Person,
but doing what I tho’t my unavoidable duty, that of keeping Silence
and Good order among the Men under my command, if I was to be afraid to order
them to do their duty, what was for their own Credit and good, and had no
Authority to Restrain them from Mutinizing, Shooting away their ammunition
and making a noise when perhaps the Enemy might be within Hearing of the
Report of our arms and Noise, what figure should we have made or in what
manner defended ourselves should we happen too be attacked by the Enemy when
our Ammunition was all Expended Shooting at Marks in direct disobedience
to the orders of the Officer Commanding the Part. If my Authority permitted
me to restrain the Rangers under my Command from wasting their Ammunition,
Noise, Quarreling, and Drunkenness well, if not, if I had no authority to
keep order while upon Actual duty in the Woods, I was rendered at once incapable
of serving my Country properly as an Officer in so precarious and Hazardous
A Station as that of an Officer in the Rangers —and the Rangers more
properly to be called Rioters if instead of the most Strict good order, Military
Discipline, Activity, Courage & Watchfulness, Hollowing, Shooting, Noise,
Drunkenness, Quarrels and disturbance in disobedience to the Command
of their Officers were to be their Exercise which ever was Jacob Weaver's
favourite Occupation.
Shortly
after my Arrival in Tryon County I was Confined by the order of the Committee
of that County in the Common Guard-house, among a parcel of Torrys in the Goal
at Johnstown upwards of Forty days, tho' I repeatedly petitioned them to give
or get an order for my tryal by A Court Martial agreeable to the Continental
Rules of Warr, this they yet have not done, and would have yet remained in
the same deplorable state of Confinement, had not Col John Nicholson upon being
ordered to Leave Johnstown Ordered me to goe with the Regiment to Albany since
which time. I have Petitioned The Honourable Major Gen Schuyler for to take
my case into Consideration and give such orders therein as his Superiour Wisdom
should direct, and shall not Leave this place without his Orders or Liberty
or Orders from your Honourable House.
If Soldiers
or Rangers will get drunk, disobey the Commands of their Officers when on.
Actual Duty and Wantonly waste their Ammunition, in the Woods when they should
be Silent, obedient to their Officers & watchfull as Hawks,
What will be the Consequences but the Endangering the Lives of such Soldiers
who do behave well, and of Ruining the Country which they are enlisted to
deffend. Such hath been the Behaviour of Jacob Weaver, a Man whose whole
Life hath been one Continual Scene of Drunkenness, Quarreling, and Disturbance
and disobedience to the Laws of God and Man.
Your Memorialist
will prove that on the March between Canajoharry and Fort George it was the
avowed Intention and Intent of Sd Jacob Weaver to attempt to murder me, only
for causing him to do his duty.
Your Memorialist
tho' rendered unhappy and distressed, as much as is possible for a man to
be at the unhappy Event of this unfortunate affair, humbly hopes that there
is & Ought
to be a proper Subordination keept up in all your Arrays, and that this unhappy
affair will be Looked upon by your Honourable House and the World as an unfortunate
Accident happening in the way of an Officer in the way of his Indispencible
Duty — Endeavouring to cause Mutinous Soldiers to do their duty in
the Manlier they ought,
Your Memorialist
begs leave to inform your Honours that he maintained his Company of Rangers
on his own private Money from the time of their going on duty untill the
14th of Novem’r last. That he never disobeyed or left unexecuted the
Orders of the Committee, or any Superior Officer. That lie hath served His
Country with Integrity and Courage, as well while Clerk of the Committee of
Tryon County as since his -being appointed an Officer which the Members of
the Late Committee--will Testifie at any time when called on. Time he hopes
your Honours will be the Supporters of Order and good discipline and Consider
that Guard houses or places of Confinement are seldom found. in the Woods and
that- it may lie in the power of an ill behaved, Mutinous unrulley man in the
Woods to Make such a noise & Alarm as will cause the whole party
to be either Taken, or killed by the Enemy, who may perchance be better disciplined.
You Memorialist
begs leave to inform your Honours that since my Confinement, am informed the
Licentiousness of the Rangers hath been so great that they have Wasted or Embezelled
almost all the Ammunition sent up for their use by Major General Schuyler. That
they gold their Fists under Lieutenant Gros’s Nose threaten to beat and
abuse him and refuse to obey his Commands—that they are Suffered by this
Committee (lately Ellected) to remain idle and all orders & Military Government
disregarded by them Stealing the wealth of the Publick without any intention
of Serving the Countrys Cause from an brave, Patriotick or Generous Principles.
Your Memorialist
humbly prays your Honours will believe him to be what he Really is and Ever
will be, a true and faithfull Servant of the American Cause, and prays your
Honours will be pleased to take his unhappy Circumstances into Consideration
and give the most Speedy Orders Either for his Tryal by a Court Martial,
or Release him from his Confinement as your Honours in your Superiour Wisdom
shall think best—and hopes he will be no longer kept in Confinement,
but that he may have an opportunity of being of further Service to his Country & your
Memorialist will ever pray.
JOHN
WINN.
Albany 10th January 1777.