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
1776

    

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.

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