ROCKINGHAM COUNTY
COURT MARTIAL
1814
Found by Frank Blackburn, June 1927
in Clerk’s Office
Rockingham County
[From typed copy in the Rockingham County Clerk’s Office. These sheets were also microfilmed by the Virginia State Library, Archives Division – Reel No. 211]
At a Court Martial held bo [sic] order of Colo. George Huston, Commandant of the 58 Regiment, of the Militia in Rockingham County, on Monday, the 22nd day of August, 1814, for the trial of sundry Non-commissioned Officers and privates of the said Militia, who refused to obey the orders of the President of the United States, as communicated in the General orders of the 29th June last, agreeable to the several acts of Congress for calling out the Militia, etc.
Present
William Beard, Major of the 1st Battalion in the said Regiment, President of the said Court.
and
Captain Robert Magill, Adam Hansbarger, William Pence, Henry S. Pirkey, Reuben Harrison and Jacob Keplenger, Members.
The Court being duly Augenized was qualified by Henry J. Gambill who was appointed Clerk or Judge Advocate of said Court, who was also qualified as the Law directs, by the President of the Court, whereupon the court proceeded to try the several Delinquents in the manner prescribed by Law as follows –
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United States
Abraham Stoner
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A Private in Capt. Robert Magill’s Company who refused to March when ordered, agreeable to the General Order of the 29 June last. The Defendant who was duly summoned appeared in Court and for plea saith that he was unable to perform a tower of duty on account of bodily infirmity, whereupon the Court having heard the evidence ans [sic] duly considered all the circumstances of the case, are of the oppinion that the said Defendant was able to perform a tower of duty. Therefore, It is considered by the Court that he be fined in the sum of $64. that appearing to be the pay of a private in the service of the United States for Eight months, and It is further ordered that if the said Defendant shall refuse or Neglect to make payment of the said fine (and having no visable estate whereof distress can be made) that he be imprisoned for the term of one calender month for every five Dollars of such fine.
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United States
Joseph Miller
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A private in Capt Magill’s Company who refused to March, etc., when ordered, etc., the said Defendant who was duly summoned and not appearing altho solemnly call’d, It is considered by the Court that he be fined in the sum of $96. being 12 months pay of a private in the said United States Army, and It is further ordered that if the said Defendant shall refuse or Neglect to make payment of the said fine, that he be imprisoned according to Law.
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United States
Peter Haynes
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A Private in Capt. Adam Hansbarger’s who refused to March when ordered, etc., The said Defendant who was duly summoned and not appearing, altho solemnly call’d, It is Considered by the Court that he be fined in the sum of $96. being the pay of a private in the Army of the United States for 12 months, and It is further ordered that if the said Defendant shall refuse or neglect to make payment of the said fine, that he be imprisoned according to Law.
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United States
George Berry, Jacob Sipe, Christian Teleash.
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Privates in Capt. Henry S. Pirkey’s Company, who severally refused to March when ordered, agreeable to the aforesaid General Order, The said Defendants appeared in Court and Severally and plead that they were unable to perform Military duty on account of bodily infirmity, and the Court having heard the evidence and duly considered the Circumstances of the several Cases, are of the oppinion and do order that they Severally be fined in the sum of $48. each, that appearing to be the pay of a private in the Army of the United States for 6 months, and it is further ordered that if the said Defendants or either of them shall refuse or neglect to make payment of the said fines, that him or the [sic], be imprisoned in the manner prescribed by Law.
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United States
Joseph Jones
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A private in Capt. William Price’s Company who refused to March when ordered agreeable to the to the [sic] General Orders of 29 June last, The said Defendant appeared in Court and plead that indisposition, whereupon the Court having heard the evidence and duly considered the case, are of the oppinion and do order that be fined in the sum of $48. that appearing to be the pay of a private in the Army of the United States for 6 months, and It is further ordered that if the said Defendant shall refuse to make payment of the said fine, that he be imprisoned in the manner prescribed by Law.
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United States
John Byerly Benjamin Wenger, Daniel Wine Frederick Young, Jacob Miller.
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Privates in Captain Reuben Harrison’s Company who refused to March when ordered Agreeable to the General Order of the 29 June last – The said Defendants several appeared in Court and severally plead that they were unable at the time of the said orders to perform Military duty on account of bodily sickness or infirmity, whereupon the Court having heard the evidence in the several cases, and upon consideration thereof, Are of the oppinion that they be severally fined in the sums following, to wit: the said Jno. Byerly in the sum of $96. being 12 months pay, Benj. Wenger & Daniel Wine in the sum of $96 each, that being the pay of a private in the Army of the United States for 12 months, and the said F. Young and Jacob Miller in the sum of $64. each, being the pay of a private for 8 months, and Ir [sic] is further ordered that if the said Defendants or either of them shall refuse or neglect to make payment of the said fines, that him or them be imprisoned in the manner prescribed by Law.
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United States
John King, Jacob Thomas, John Blosser,
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Privates in Capt. Reuben Harrison’s Company who refused to March when ordered agreeable to the General Orders of the 29 June last, The said Defendants appeared in Court and severally plead that they were not Legally warned to attend the place of rendevouze, whereupon the Court having heard the evidence, and upon due consideration thereof, are of the oppinion that the said Notices were sufficient, Therefore, It is considered by the Court that the said Defendants be severally fined, that is to say, the said John King in the sum of $32. being the pay of a private in the Army of the United States for 4 months, the said Jacob Thomas in the sum of $96. being the pay of a private in the said Army for 12 months, and the said John Blosser in the sum of $80. being the pay of a private in the Army for 10 months. And it is ordered that if the said Defendants or either of them shall refuse or neglect to make payment of the said fines, that him or them be imprisoned in the Manner prescribed by Law – Whereupon the Court not havint time to compleat the business before them, It is ordered that the same be adjourned until tomorrow morng 9 o’clock.
William Beard, President
of the Court Martial
Attest
H. J. Gambill, C.
Thursday, the 23rd August 1814
Present
The same Court as on Yesterday
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United States
Andrew Lago, Jacob Blosser, Christian Garber.
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Privates in Captain Reuben Harrison’s Company, who refused to March when ordered agreeable to General Orders of the 29 June last. The said Defendants appeated [sic] in Court and plead that they were unable to do military duty on account of bodily infirmity and the Court having heard the evidence and upon consideration thereof, It is the Oppinion of the Court that the said Defendants be severally fined that is to say, the said Lago and Blosser in the sum of $64. each, that appearing to be the pay of a private for 8 months in the Army of the United States, and the said C. Garber, $96. that appearing to be the pay of a private in the said Army for 12 months, and It is further ordered that if the said Defendants or either of them shall fail or refuse to pay the said fine, that he or they shall be imprisoned agreeable to Law.
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United States
Anthony Roads and Frederick Argubright
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Privates in Capt. Reuben Harrison’s Company, who fail to March and perform the General Orders of the 29 July last, The said Defendants being duly summoned and not appearing, altho solemnly call’d, It is considered by the Court that they be fined, that is to say, the said Roads in the sum of $96. being the pay of a private in the Army of the United States for 12 months, and the said Argubright in the sum of $64. being the pay of a private in the said Army for 8 months and to be imprisoned as the Law directs upon the Neglect or refusal to pay the said fines, etc.
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United States
John Showalter, Henry Early & John Greer.
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Privates in Capt. Reuben Harrison’s who have refused to perform or March agreeable to the General Orders of the 29 June last. The said Defendants appeated [sic] in Court and having no excuse to offer to the Court, It is ordered that the said Defendants be severally fined, that is to say, The said Showalter and Early in the sum of $96. each, that being the pay of a private in the Army of the United States for 12 months, and the said Greer in the sum of $48. being the pay of a private in the said Army for 6 months, and It is further ordered that if the said Defendants or either of them shall refuse to make payment of the said fine, they shall be imprisoned according to Law.
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United States
John Taylor
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A Sargent in Capt. Reuben Harrison’s Company who refised [sic] to March agreeable to the General Orders of the 29 June last, The said Defendant appeared in Court and having no excuse to offer to the Court, It is ordered that he be fined in the sum of $55, being the pay of a Sargent in the Army of the United States for 5 months, and It is ordered that if the said Deft. shall refuse or Neglect to make payment of the said fine, he shall be imprisoned in the manner prescribed by Law.
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United States
Daniel Yount.
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A private in Capt. Keplenger’s Company who refused to March agreeable to the General Orders of the 29 June last, The said Defendant having been duly summoned and not appearing altho solemnly call’d, It is considered by the Court that the said Defendant be fined in the sum of $64, that being the pay of a private in the Army of the United States for 8 months, and It is further ordered that if the said Defendant shall fail to make payment of the said fine, he shall be imprisoned in the manner prescribed by Law.
The Court doth allow to Henry J. Gambill who attended as Judge Advocate to this Court, the sum of $35, which allowance is ordered to be certified to the Comptroler of the Treasury.
The Court doth allow to (Sargent) John Yancey who was appointed provost Martial to the Court and who also performed the office of summoning the several Delinquents who was tried during the said Court, the sum of Eighteen Dollars which is ordered to be certified, etc.
It is ordered to be Certified that Major William Beard attend two days on the present Court Martial and that his place of residence is 8 miles from where the said Court is holden.
Capt. Robert Magill the same 2 days and 15 miles
Capt. Adam Hansbarger, the same 2 days and 13 miles
Capt. Henry S. Pirkey, the same 2 days and 4 miles
Capt. Wm. Pence, the same 2 days and 12 miles
Capt. Reuben Harrison, the same 2 days and 13 miles
Capt. Jacob Keplenger, the same 2 days and 6 miles
The Court having compleated the business before the them adjourned
H. J. Gambill, Clerk,
or Judge Advocate of said Court William Beard
The aforegoing fines certified President of the Court.
5 October 1814
At a Court Martial held by order of Major William Beard, Major of the 1st Battalion of the 58th Regiment of the Militia of Rockingham, who commands the same Regiment (in the absence of the Colo) on Wednesday the 28 September, 1814, for the trial of sundry Non-commissioned officers and soldiers who refused to march agreeable to the Orders of the President of the United States, agreeable to the several acts of Congress.
Present
William Beard, Major and President of said Court, Joseph Mauzy, Major of 2nd Battalion, and Captain Robert Magill, Henry S. Pirkey, William Pence and Joseph Keplenger.
Henry J. Gambill, who was appointed Clerk or Judge Advocate to this Court, not appearing, it is ordered that the said Court be adjourned untill tomorrow morning, 10 o’clock.
Thursday the 29 September, 1814, The Court met pursuant to Adjournment.
Present
William Beard, President of said Court, Joseph Mauzy, Major of 2nd Battalion.
and
Captains Robert Magill, William Pence, Reuben Harrison & Jacob Keplenger.
The Court being auganized the Members thereof was qualified by Henry J. Gambill the Judge Advocate of said Court, who was also qualified by the President of said Court, whereupon the Court proceeded to try the several Delinquents in manner prescribed by Law as follows
At a Court Martial held by order of Major Archibald Rutherford, Commanding the 116th Regiment of the Militia in Rockingham County, there being no Colo. of said Regiment On Monday the 3rd day of October, 1814 of the trial of sundry Non-commissioned Officers and Privates of the Militia, belonging to the said Regiment, who have refused to Obey the Orders of the President of the United States, as communicated in the General Orders of the 29 June and 18th of July, 1814, agreeable to the Act of Congress for calling out the Militia, etc.
Present
Major Archibald Rutherford, President of the said Court, and Major John Shaver of the 2nd Battalion, and Captain James Crage, Daniel Mathew, Aaron Dove, Dorman Lofland, Samuel Moffett, William Taylor & Abraham Rader.
The Court being duly auganized was qualified by Henry J. Gambill who was appointed Clerk or Judge Advocate to this Court, who also was duly qualified by the President of the Court, whereupon the Court proceeded to try the several Delinquents in the manner prescribe by Law, as follows –
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United States Joseph Wenger, Jr. |
A Private in Capt. T. Hopkins Company Charged with having refused to March when ordered agreeable to the General Orders of the 29 June last –
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United States Jacob Bear |
A Private in Capt. S. Moffett’s Company Charged with having refused to March when Ordered agreeable to the General Orders of the 29 June last.
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United States Samuel Wampler |
A Private in Capt. S. Moffett’s Company Charged with refusing to March when ordered under the General Orders of the 29 June last.
This day the said Defendants severally appeared in Court and for reasons appearing to the satisfaction of the Court, It is ordered that they severally be fined in the sum of $8, each, being the pay of a private in the Army of the United States for one month. And it is further Ordered that of the said Defendants shall refuse or Neglect to make payment of the said fines (and having no visable estate whereof distress can be made) that they be imprisoned for the term of One Callender Month for every five Dollars of such fine.
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United States
John Shoemaker
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A Private in Capt. A. Dove’s Company Charged with refusing to March when ordered under the General Orders of the 29th June last, The said Defendants having been duly summoned to answer the said charge and not appearing altho solemnly call’d, upon Consideration whereof the Court doth order and Adjudge that he be fined in the sum of $48, being the pay of a private in the Army of the United States for 6 months, and it is further ordered that if the said Defendant shall refuse or neglect to make payment of the said fine (and having no visable estate whereof distress can be made) that he be imprisoned for the term of one month for every five Dollars of such fine.
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United States
Christian Funk
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A Private in Capt. A. Bader’s Company Charged with refusing to March when ordered under the General Orders of the 29 June and 18 of July last. The said Defendant appearing in Court and having no excuse to Offer, The Court upon consideration of the Circumstances of the Case, doth adjudge and Order that he be fined in the sum of $80. for each offense, That being the pay of a private in the Army of the United States for 10 months, and It is further ordered that if the said Defendant shall refuse or Neglect to make payment of the said fine (and having no visable estate whereof distress can be made) That he be imprisoned for the term of One month for every five Dollars of the said fine.
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United States
Christian Funk (Son of Henry)
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A private in Capt. W. Taylor’s Company, Charged with refusing to March when Ordered, under the General Orders of the 29 June & 22nd July last The said Defendant having duly summoned to answer The said charge, and Not appearing, altho Solemnly call’d, It is considered bu [sic] the Court that he be fined in the sum of $80. for each aforesaid offense, that being the pay of a private in the pay of the army of the United States for ten Months, and It is further ordered that if the said Defendant shall refuse or neglect to make payment of the said fine (and having no visable estate whereof distress can be made) that he be imprisoned for the term of One Month for every five Dollars of the said fines.
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United States
Jacob Allebaugh |
A private in Capt. W. Taylor’s Company Charged with having refused to March under the General Orders of the 29 June last The said Defendant appeared in Court and plead Not Guilty, whereupon the Court upon Consideration do find him Guilty and Order that he be fined in the sum of $48, being the pay of a private in the Army of the United States for 6 months, and It is ordered that if the said Defendant shall refuse or neglect to make payment of the said fine, (and having no visable estate whereof distress can be made) that he be imprisoned for the term of one month for every five Dollars of the said fine, unless the said fine shall be sooner discharged –
Ordered that Andrew McClelan (Sergant) who was appointed provost Marshal to the Court, and who also summoned the said Delinquents to attend the Court be allowed $15 whoch [sic] is ordered to be Certified –
Ordered that Henry J. Gambill who was appointed Clerk or Judge Advocate to this Court be allowed $30 which is ordered to be certified, etc.
Ordered to be Certified that Archibald Rutherford (Major) the President of the Court attend one day
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Major John Shaver traveling to Court) |
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1 day and 12 miles |
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Capt. James Crage |
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1 day |
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Capt. Daniel Mathew to Court, etc. |
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1 day and 10 miles |
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Capt. Aaron Dove |
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1 day and 28 miles |
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Capt. Dorman Lofland |
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1 day and 4 miles |
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Capt. Saml Moffett |
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1 day and 20 miles |
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Capt. A. Bader |
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1 day and 10 miles |
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Capt. W. Taylor |
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1 day and 10 miles |
No further business appearing before the Court, It was adjourned.
Arch’d Rutherford
The aforegoing fines Certified
5 October 1814
At a Court Marshal held by order of Colo. George Huston, Commandant of the 58 Regiment of the Militia of Rockingham County the 6th June 1815 for the trial of sundry Non-commissioned Officers and Privates of the Militia belonging to the said Regiment who refused to Obey the Orders of the President of the United States as Communicated in General Orders of the 21 August 1814 agreeable to the several Acts of Congress Calling Out the Militia, etc.
Present
George Huston, Colo. of said Regiment, and President of said Court Adam Hansbarger, Major Commanding the Va. Battalion of said Regiment and Captain Robert Erwin, Robert Hooke, Henry S. Pirkey, Jacob Keplenger and John Mallow.
The Court being auganized was duly Qualified by Henry J. Gambill the Clerk or Judge Advocate of said Court and the said Judge Advocate being qualified by the president of the said Court in the manner prescribed by Law – the Court proceeded to business as follows –
Ordered that Sergant John Rust, Jr. be appointed provost Martial to the Court and that he five his attendance accordingly –
A Private in Capt. Perkey Company for refusing to march in August, 1814. The said Defendant appeared in Court and being heard in his Defense, It is Considered by the Court that he make his fine in the payment of $16. for the offence Aforesaid, that being the pay of a private in the Army of the United States for two Months and it is further considered by the Court that if the said Defendant shall refuse or Neglect to make payment of the said fine (and having no visable estate whereof distress can be made) that he be imprisoned by the Marshall of the District of Virginia or any one of his Deputies One Callender Month for every $4 of such fine as directed by Law.
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The United States
John Byerly ($32.00)
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A Private in Capt R. Harrison’s Company for refusing to March in August 1814, The said Defendant appeared in Court and being duly heard in his defense, the Court upon consideration whereof, doth order that he be fined in the sum of $32. that being the pay of a private in the Army of the United States for four months And it is further Considered by the Court that if the said Defendant shall refuse or Neglect to make payment of the said fine (and having no visable estate whereof distress can be made) that he be imprisoned by the Marshal or his deputy One Callender month for every five Dollars of said fine according to Law –
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The United States
Benjamin Wenger Jacob Blosser $32.— each Wenger reduced to $16.00 being two months pay.) |
Privates in Capt. R. Harrison’s Company for refusing to March into the service of the United States in August 1814 agreeable to the call’d, etc. The said Defendants appeared in Court and being heard in their Defense, It is considered by the Court that for such their Neglect & refusal that they make their fines in the payment of $32.00 each that appearing to be the pay of a private in the Army of the United States for four months, and it is further considered and ordered that if the said defendants shall fail to make payment of the said fines (and having no visible estate whereof distress can be made) that they shall be imprisoned by the Marshal or his deputy One Callender month (each) for every five Dollars of the said fines according to Law.
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United States
John Blosser ($48.00)
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A Private in Capt. R. Harrison’s Company for refusing to March into the service in August 1814 under the Call aforesaid. The said Defendant appeared in Court and being heard in his Defense, It is considered by the Court that for such his Neglect and refusal, that he be fined in the sum of $48.00 that appearing to be the pay of a private in the Army of the United States for six months and it is further adjudged & Considered by the Court that if the said Defendant shall fail to make payment of the said fine (and having no visible estate whereof distress can be made) that he be imprisoned by the Marshall or his deputy One Callender month for every five Dollars of such fine, etc.
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United States
Frederick Young Anthony Roads & John Showalter 2 at $16. each 1 at $32.00
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Privates in Capt. R. Harrison’s Company for refusing to March into the service under the Call aforesaid in August 1814 The said Defendants having been duly summoned and they not appearing alto solemnly Call’d, It is considered by the Court that they severally be fined in the sum following, that is to say the said Young and Showalter in the sum of $16.00 each, that being the pay of a private in the Army of the United States for two months, the said Roads in the sum of $32.00 that being the pay of a private in the said Army for four Months, and it is further ordered that if the said Defendants shall fail or Neglect to make payment of the said fines (and shall have no visiable [sic] estate whereof distress can be made) that they (or each of them so failing) shall be imprisoned by the Marshall or his Deputy One Callender month for every five Dollars of such fine or fines, etc.
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United States
Christian Garber ($48.00)
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A Private in Capt. R. Harrison’s Company for refusing to March into the service in August 1814 under the Call aforesaid The said Defendant appeared in Court and being heard in his defense, It is considered by the Court that for such his Neglect and refusal that he make his fine in the payment of $48.00 that appearing to be the pay of a private in the Army of the United States for six months, and it is further Considered and adjudged by the Court that if the said Defendant shall refuse or Neglect to make payment of the said fine (and shall have no visable estate whereof distress can be made) that he be imprisoned by the Marshal or his Deputy One Callender month for every five Dollars of such fine –
Ordered that (Sergant) John Rush, Jr. be allowed the sum of Twenty Dollars for his services in attending this Court as provost Marshal, being at the rate of $4.00 per day for five days allowed, which is allowed and is ordered to be Certified to the Comptroler of the Treasury, etc.
Ordered that Henry J. Gambill be aloowed [sic] the sum of $35.00 Dollars for his services as Clerk or Judge Advocate to this Court and for making out Copies of the fines assessed by the Court being at the rate of ten Dollars pr. day of 3 days & 1.00 for each of the last five, agreeable to the Act of Congress & which allowance is ordered to be Certified.
Ordered that the Court be adjourned until Thursday at 11 o’clock.
Geo. Huston
Colo. Comdr. 58th R. V. M.
Thursday the 8th of June 1815
The Court met pursuant to adjournment
Present
The same Members as on yesterday except (Capt. Robert Erwin)
On the Motion of Benjamin Wenger and for reasons appearing to the Court It is ordered that the fine assessed against him on Tuesday last be Moderated to two Months pay which is ordered Accordingly.
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United States
Jacob Miller
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A Private in Capt. R. Harrison’s Company for rusing (refusing) into the service in August last, The said Defendant appeared in Court and being heard It is considered by the Court that for such his Contempt he be fined in the sum of $24.00 being the pay of a private in the Army of the United States for three months, And it is further Considered by the Court that if the said Defendant shall fail to make payment of the said fine (and shall have no visable estate whereof distress can be made) that he be imprisoned by the Martial or his deputy One Callender Month for every five Dollars of such fine, etc.
Atest of fines assessed by the Court Martial held on the 22nd day of August 1814 by Order of George Huston, Lieutenant-Colo. Commandant of the 58th Regiment of the Militia in Rockingham County, Virginia for the trial of Sundry Non-commissioned Officers and privates belonging to the said Regiment who refused to Obey the Orders of the President of the United States Communicated by the Adjutant General of the Militia of Virginia in General Orders of the 29th June last, together with the sentence of the said Court on the said several Delinquents for refusing to make payment of the said fines and no Goods or Chattles can be found whereof distress can be made, agreeable to the act of Congress passed the 28th February 1795.
I, A. Rutherford, President of the Court Martial aforesaid do hereby Certify that the above is a true list of the several persons fined by said Court and the amount of the fine assessed against each, together with the sentence of the said Court on each Delinquent upon his failing to make payment of the said fines or either of them.
Given –
The 22nd August 1814
A list of fines assessed by a Court Martial held by Order of Colo. George Huston, Commandant of the 58 Regiment of the Virginia Militia in Rockingham County for the trial of sundry Non-commissioned Oficers and Privates who refused to Obey the Orders of the President of the United States Communicated by the Adjutant General of this State in the General Orders of the 29 June last together with sentence of the said Court for failing to pay the said fines agreeable to the Act of Congress passed the 28th February 1795 as follows –
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By what ) Capt. ) returned ) |
Name of ) Delinquent ) |
Amount ) of fines ) ) |
For refusing to ) obey the call’d ) of the 29 July ) |
Sentence of the Court for failing to make payments |
If the said Delinquents shall fail to make payments of the said fine and shall have no Goods & Chattles whereof to levy the same, the Marshal or his Deputy may commit said Delinquent to gaol for the term of One Callender month for every five Dollars of such fines untill the same shall be paid –